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Permit PL14-0039 - MIKE OVERBECK - OSTERLY PARK TOWNHOMES LAND DIVISION
OSTERLY PARK TOWNHOMES 14420 34T" AVE S 3421 S 144T" ST PL14-0039, L14-0066 ASSOCIATED FILES: PL12-004, L12-005 L09-002 C09-014 E08-0022 L08-079 L08-077 L08-076 FINAL PLAT/SUBDIVISION When Recorded, Return to: 144th Street REO Partners, LLC 13975 Interurban Ave S Tukwila, WA 98168 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES Grantor: Grantee: 144`h St REO Partners, LLC and/or Julia Overbeck 144th Street REO Partners, LLC Legal Description (Abbreviated): Osterly Park Townhomes, Lots 1 through 31 Complete on: EXHIBIT A Assessor's Tax Parcel ID #: Phase I. 0040000088, 0040000094 Phase II: To Be Added Later Reference Nos. of Documents Released or Assigned: TABLE OF CONTENTS PAGE ARTICLE 1 DEFINITIONS 1 1.1. WORDS DEFINED 1 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 4 ARTICLE 3 ASSOCIATION 4 3.1. FORM OF ASSOCIATION 4 3.2. MEMBERSHIP 4 3.3. VOTING 4 3.4. MEE:'1 INGS, AUDITS, NOTICES OF MEETINGS 6 3.5. BYLAWS OF ASSOCIATION 6 ARTICLE 4 MANAGEMENT OF THE ASSOCIATION 7 4.1. INTERIM BOARD OF DIRECTORS 7 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS 7 4.3. AUTHORITY AND DUTIES OF THE BOARD 7 4.4. BOARD ORGANIZATION AND OPERATION 8 4.5. PROFESSIONAL MANAGEMENT 8 ARTICLE 5 ASSOCIATION FINANCES 9 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES 9 5.2. BUDGETING FOR RESERVES 10 5.3. SPECIAL ASSESSMENTS 10 5.4. SPECIFIC ASSESSMENTS 10 5.5. AUTHORITY TO ASSESS OWNERS 10 5.6. TIME OF PAYMENT 10 5.7. OBLIGATION FOR ASSESSMENTS 11 5.8. LIEN FOR ASSESSMENTS 12 5.9. EXEMPT PROPERTY 12 5.10. CAPITALIZATION OF ASSOCIATION 12 ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 13 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS 13 6.2. ASSOCIATION'S RESPONSIBILITY FOR EXTERIOR MAINTENANCE 13 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS 14 6.4. OWNER'S RESPONSIBILITY 14 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION••• 15 ARTICLE 7 USE RESTRICTIONS AND RULES 15 Osterly Park Townhomes Declaration Table of Contents -page i 7.1. GENERAL 15 7.2. RESIDENTIAL USE 15 7.3. ARCHITECTURAL STANDARDS 15 7.4. SIGNS 17 7.5. OCCUPANTS BOUND 17 7.6. NUISANCE 17 7.7. SUBDIVISION OF LOT 18 7.8. FENCES 18 7.9. AIR-CONDITIONING UNITS 18 7.10. LIGHTING 18 7.11. MAILBOXES 18 7.12. PARKING 18 7.13. PETS 18 7.14. GARBAGE 19 7.15. EXTERIOR SECURITY DEVICES 19 7.16. EXTERIOR AREAS OF LOTS 19 7.17. LANDSCAPING 19 ARTICLE 8INSURANCE 8.1. ASSOCIATION INSURANCE 8.2. PAYMENT AND ENDORSEMENTS 8.3. OWNER'S INSURANCE 8.4. RECONSTRUCTION ARTICLE 9 EASEMENTS 19 19 20 20 21 21 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG 21 9.2. EASEMENTS FOR USE AND ENJOYMENT 21 9.3. GRANT OF EASEMENT FOR UTILITIES 22 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS 23 9.5. EASEMENT FOR MAINTENANCE 23 9.6. NATIVE GROWTH PROTECTION AREAS 23 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT 23 ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES ••• 25 10.1. GENERAL RULES OF LAW TO APPLY 25 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION 25 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND 25 ARTICLE 11 CONSENSUS FOR ASSOCIATION LITIGATION •••• 25 ARTICLE 12 MORTGAGEE PROTECTION 26 12.1. ABANDONMENT OF DECLARATION 26 12.2. PARTITIONS AND SUBDIVISIONS 26 12.3. CHANGE IN ASSESSMENT METHODS, ETC 26 Osterly Park Townhomes Declaration Table of Contents -page ii 12.4. COPIES OF NOTICES 26 12.5. EFFECT OF DECLARATION AMENDMENTS 26 12.6. INSPECTION OF BOOKS 26 12.7. AMENDMENTS BY BOARD 27 ARTICLE 13 GENERAL PROVISIONS 27 13.1. ENFORCEMENT 27 13.2. SELF-HELP 27 13.3. DURATION 27 13.4. AMENDMENT 28 13.5. GENDER AND GRAMMAR 28 13.6. SEVERABILITY 28 13.7. CAPTIONS 28 13.8. INDEMNIFICATION 28 13.9. BOOKS AND RECORDS 29 13.10. FINANCIAL REVIEW 29 13.11. NOTICE OF SALE, LEASE OR ACQUISITION 30 13.12. AGREEMENTS 30 13.13. IMPLIED RIGHTS 30 13.14. VARIANCES 30 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I LEGAL DESCRIPTION DESCRIPTION OF COMMON AREAS EASEMENT FOR VEHICULAR ACCESS [Lots 1, 2, 5, 6] EASEMENT FOR VEHICULAR ACCESS [Lots 3, 4, 7, 8] EASEMENT FOR VEHICULAR ACCESS [Added Phase 11] EASEMENT FOR VEHICULAR ACCESS [Added Phase H] EASEMENT FOR VEHICULAR ACCESS [Added Phase 11] EASEMENT FOR VEHICULAR ACCESS [Added Phase H] EASEMENT FOR VEHICULAR ACCESS [Added Phase II] Oster/y Park Townhomes Declaration Table of Contents -page iii DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS is dated for reference purposes this day of March, 2015, and is made by Julia Overbeck, and/or 144th Street REO Partners, LLC, ("Declarant"). RECITALS A. Declarant is the owner of the real property located in the City of Tukwila, King County, Washington, more particularly described on the attached EXHIBIT A ("Property"). B. Declarant desires to subject the Property to the provisions of this Declaration to create a residential community of thirty-one (31) townhomes ("Community"). Now, THEREFORE, Declarant hereby declares that the Property, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the Property, and shall be binding on all persons having any right, title or interest in all or any portion of the Property, their respective heirs, legal representatives, successors, successors -in -title and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE1. DEFINITIONS 1.1. WORDS DEFINED. THE FOLLOWING WORDS, WHEN USED IN THIS DECLARATION (UNLESS THE CONTEXT SHALL PRO DBIT), SHALL HAVE THE FOLLOWING MEANINGS: Osterly Park Townhomes Declaration pages 1.1.1. "Association" shall mean the Osterly Park Townhomes Owners Association, a Washington nonprofit corporation, its successors and assigns to be formed. 1.1.2. "Board of Directors" or "Board" shall mean the appointed or elected board of directors of the Association having its normal meaning under Washington law. 1.1.3. "Bylaws" shall refer to the duly adopted Bylaws of the Association. 1.1.4. "Common Areas" shall mean all real and personal property, including easements which the Association owns or leases or in which it otherwise holds possessory or use rights, all for the common use and enjoyment of the Owners including, without limitation, those - as and facilities described on attached EXHIBIT B. 71) 4)0101 ittoc-usi7 L,c i6 et. 4- e r'"Ott. 'ommon Expenses" shall mean expenditures made by, or kssociation which are related to the Common Areas and the .ssociation, including, without limitation, maintenance and -tions of the residential improvements constructed on the Lots itilities and systems serving such improvements, landscaping allocations to reserves. mmunity" shall mean and refer to the Property described in , and all improvements to such Property including, without nstructed on the Lots. mmunity-Wide Standard" shall mean the standard of ther activity as initially established by Declarant and as Community. Such standard may be more specifically determined by the Board of Directors. 1.1.8. "Declarant" shall mean and refer to Osterly Park Townhomes, LLC, a Washington limited liability company, and its successors -in -title and assigns, provided, in the instrument of conveyance to any such successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon designation of a successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease. 1.1.9. "Declarant Control Period" shall mean the period of time during which Declarant is entitled to appoint the members of the Board. The Declarant Control Period shall expire on the first to occur of the following: (a) when Declarant owns less than 4 Lots for development and/or sale in the Community; (b) when, in its sole discretion, Declarant so determines in a notice recorded in the real property records of King County, Washington. Osterly Park Townhomes Declaration page2 1.1.10. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Easements for Osterly Park Townhomes, as it may be amended. 1.1.11. "Governing Documents" shall mean this Declaration, as it may be amended, the Articles of Incorporation and Bylaws of the Association and any rules and regulations adopted by the Association. 1.1.12. "Lot" shall mean any legally conveyable parcel of land within the Community, together with the improvements constructed thereon, which constitutes a residence, as shown on a plat recorded in the land records of King County, Washington. The ownership of each Lot shall include, and there shall pass with each Lot as an appurtenance thereto, whether or not separately described, all of the right, title and interest of an Owner in the Common Areas, which shall include, without limitation, membership in the Association. 1.1.13. "Mortgage" means any mortgage, deed of trust and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.14. "Mortgagee" shall mean the holder of a Mortgage. 1.1.15. "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.16. "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation. 1.1.17. "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.18. "Plat" means that certain subdivision of the Property more particularly described on the attached EXHIBIT A. 1.1.19. "Property" shall mean the real property described in EXHIBIT A attached hereto. 1.1.20. "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant), and the consent of Declarant so long as Declarant owns any Property for development and/or sale in the Community. Osterly Park Townhomes Declaration page3 1.1.21. "Townhome" shall mean and refer to any structure located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family. ARTICLE2. PROPERTY SUBJECT TO THIS DECLARATION The Property which is, by the recording of this Declaration, subject to the covenants, conditions and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the real property described in EXHIBIT A, attached hereto and by reference made a part hereof. ARTICLE3. ASSOCIATION 3.1. FORM OF ASSOCIATION. The Association shall be a non-profit corporation formed under the laws of the State of Washington; provided that from and after the formation of such non-profit corporation, the rights and duties of the members of such corporation shall continue to be governed by the provisions of this Declaration. 3.2. MEMBERSIDP. 3.2.1. Qualification. Each Owner (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned; provided that if a Lot has been sold on contract, the contract purchaser shall exercise the rights of the Lot Owner for the purposes of the Association, this Declaration and the Bylaws, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for membership in the Association. 3.2.2. Transfer. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon transfer of the title to said Lot, and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner of such Lot. 3.3. VOTING. 3.3.1. Number of Votes. The Association shall have two classes of voting membership: Osterly Park Townhomes Declaration page4 (a) Class A. Class A members shall be all Owners with the exception of Declarant. Each Owner shall be entitled to one vote for each Lot owned. (b) Class B. The Class B member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon expiration of the Declarant Control Period. 3.3.2. Voting Owner. There shall be one (1) voting representative of each Lot. Declarant shall be considered an "Owner" and shall be the voting representative with respect to any Lot owned by Declarant. If a person (including Declarant) owns more than one Lot, the person shall have the votes for each Lot owned. The voting representative shall be designated by the Owner but need not be an Owner. The designation shall be revocable at any time by actual notice to the Association from a party having an ownership interest in a Lot, or by actual notice to the Association of the death or judicially declared incompetency of any person with an ownership interest in the Lot. This power of designation and revocation may be exercised by the guardian of an Owner, and the administrators or executors of an Owner's estate. Where no designation is made, or where a designation has been made but is revoked and no new designation has been made, the voting representative of each Lot shall be the group composed of all of its Owners. 3.3.3. Joint Owner Disputes. The vote of a Lot must be cast as a single vote, and fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their votes shall be cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular Lot, none of said votes shall be counted and said votes shall be deemed void. 3.3.4. Pledged Votes. If an Owner is in default under a first Mortgage on a Lot for ninety (90) consecutive days or more, the Mortgagee shall automatically be authorized to declare at any time thereafter that the Owner has pledged his or her vote on all issues to the Mortgagee during the continuation of the default. If the Association has been notified of any such pledge to a Mortgagee, or in the event the record Owner or Owners have otherwise pledged their vote regarding special matters to a Mortgagee under a fully recorded mortgage, or to the vendor under a duly recorded real estate contract, only the vote of such Mortgagee or vendor will be recognized in regard to the special matters upon which the vote is so pledged, if a copy of the instrument with this pledge has been filed with the Association. Amendments to this Section shall only be effective upon the written consent of all of the voting Owners and their respective Mortgagees and vendors, if any. Osterly Park Townhomes Declaration pages 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS. 3.4.1. Annual Meetings, Audits. There shall be an annual meeting of the Owners in the first quarter of each calendar year, or such other fiscal year as may be adopted by the Association, at such reasonable place and time as may be designated by written notice of the Association delivered to the Owners no less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. At the annual meeting, there shall be presented a report of the itemized receipts and disbursements for the preceding fiscal year, and allocation thereof to each Owner, and the estimated expenses, if any, for the Association for the coming fiscal year. Any Owner, at the Owner's own expense, may at any reasonable time make an audit of the books of the Association. 3.4.2. Special Meetings. Special meetings of the Owners may be called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the Owners, or for any other reasonable purpose. Such meeting shall be called by the petition of Owners holding not less than 10% of the Class A votes or as otherwise provided in the Bylaws. Such notice shall be delivered not less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting and, in general, the matters to be considered. 3.4.3. Quorum Requirements for Association Meeting. At all meetings of the Owners, 25% of the Owners present in person or by proxy shall constitute a quorum. A majority of Owners present and entitled to vote, either in person or by proxy, shall be sufficient for the passage of any motion or the adoption of any resolution, except in connection with amendment or repeal of this Declaration. If the required quorum is not present, another meeting may be called subject to the requirement of written notice sent to all members at least ten (10) days in advance of such meeting. In the absence of a quorum of a members' meeting, a majority of those present in person or by proxy may adjourn the meeting to another time but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date. 3.5. BYLAWS OF ASSOCIATION. 3.5.1. Adoption of Bylaws. Bylaws for the administration of the Association and the Property, and for other purposes not inconsistent with the intent of this Declaration shall be adopted by the Declarant as the original Owner of the Lots. Subsequent amendments may be adopted by the Association as provided therein. 3.5.2. Bylaws Provisions. The Bylaws shall contain provisions substantially as provided for in this Article 3 and in Article 4, and may contain supplementary, not inconsistent, provisions regarding the operation and administration of the Property. The Bylaws shall establish the provisions for quorum, ordering of Osterly Park Townhomes Declaration page6 meetings, and details regarding the giving of notices as may be required for the proper administration of the Association and the Community. ARTICLE4. MANAGEMENT OF THE ASSOCIATION 4.1. INTERIM BOARD OF DIRECTORS. Until expiration of the Declarant Control Period, the affairs of the Association shall be governed by a board of three (3) directors (who need not be Lot Owners) named by Declarant from time to time or as otherwise provided in the Bylaws. 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS. Upon expiration of the Declarant Control Period, administrative power and authority shall vest in a board of three (3) directors elected from among the Owners. The Board may delegate all or any portion of its administrative duties to a manager, managing agent, or officer of the Association. All Board positions shall be open for election at said organizational meeting. The Board shall elect from among its members, a president (who shall preside over meetings of the Board and the meetings of the Association), a secretary and a treasurer, all of which officers shall have such duties and powers as may be specified by the Board from time to time. 4.3. AUTHORITY AND DUTIES OF THE BOARD. The Board, for the benefit of the Community and the Owners, shall enforce the provisions of this Declaration, shall have all powers and authority permitted to the Board under this Declaration, and shall acquire and shall pay for out of the Common Expense fund hereinafter provided for, all goods and services requisite for the proper functioning of the Community. Without limitation, the Board shall have the following powers and authority: 4.3.1. Assessments. The establishment and collection of Assessments pursuant to Article 5 of this Declaration. 4.3.2. Services. Obtaining the services of persons or firms as required to properly manage the affairs of the Community to the extent deemed advisable by the Board, including legal and accounting services, property management services, as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Community. 4.3.3. Utilities. Obtaining all utility services (i) commonly metered (if any) for the Townhomes and providing for the submetering of such utilities for payment by the Owners where applicable and (ii) as necessary for the Common Areas. 4.3.4. Insurance. Obtaining and paying for policies of insurance or bonds as provided by this Declaration. Osterly Park Townhomes Declaration page? 4.3.5. Maintenance/Repair. Performing and paying for maintenance, repair and replacement of Common Areas as well as Exterior Maintenance (as defined in Section 6.2 below) on Lots as provided herein. 4.4. BOARD ORGANIZATION AND OPERATION. 4.4.1. Election of Board of Directors and Terms of Office. Upon expiration of the Declarant Control Period, the Owners shall elect two (2) Directors for two (2) year terms and one (1) Director for a one (1) year term to assure that the expiration dates for the term of the Board members are staggered. Thereafter, all Directors shall be elected for two (2) year terms. 4.4.2. Vacancies. Vacancies in the Board caused by any reason other than the removal of a Board member by a vote of the Association shall be filled by vote of the majority of the remaining Board members, even though they may constitute less than a quorum; and each person so elected shall be a Board member until a successor is elected at the next annual meeting of the Association. 4.4.3. Removal of Board Members. At any regular meeting or at any special meeting called for that purpose, any one or more of the Board members may be removed with or without cause, by a majority of all of the Owners, and a successor may then and there be elected to fill the vacancy thus created. Any Board member whose removal has been so proposed by the Owners shall be given an opportunity to be heard at the meeting. Notwithstanding the above, until the organizational meeting, only Declarant shall have the right to remove a Board member. 4.4.4. Organizational Meeting. The first meeting of a newly elected Board shall be held immediately following the annual organizational meeting of the Association, and no notice shall be necessary to the newly elected Board members in order legally to constitute such meeting. 4.4.5. Regular Meeting. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the Board members, but at least two such meetings shall be held during each fiscal year and one such meeting shall be held immediately following the annual meeting of Owners. Notice of regular meetings of the Board shall be given to each Board member as and when provided in the Bylaws. 4.4.6. Special Meetings. Special meetings of the Board ma�e called by the President or at least two Board members with notice given to each Boar member as and when provided in the Bylaws. 4.5. PROFESSIONAL MANAGEMENT. Any contract with a professional manager for the Community (i) shall have a term no longer than one (1) year, (ii) may be renewed by agreement of the Association and the manager for successive one (1) year Osterly Park Townhomes Declaration page8 periods and (iii) shall require the manager to carry insurance as deemed appropriate by the Board. ARTICLE 5 ASSOCIATION FINANCES 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES. At least sixty (60) days before the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund. The budget shall reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Lots, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Lots. 5.1.1. The Association is hereby authorized to levy Base Assessments equally against all Lots subject to assessment hereunder to fund the Common Expenses. In determining the Base Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. 5.1.2. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy, which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. 5.1.3. Within thirty (30) days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the fmal budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than fourteen (14) nor more than sixty (60) days from the mailing of such materials. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing at least 51% of the Total Association Vote. Such ratification shall be effective whether or not a quorum is present. 5.1.4. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. 5.1.5. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. Osterly Park Townhomes Declaration page9 5.2. BUDGETING FOR RESERVES. The Board shall prepare and periodically review a reserve budget for the Common Areas and for Exterior Maintenance requirements. The reserve budget shall take into account the number and nature of replaceable assets, the expected life of each asset and the expected repair or replacement cost. The Board shall include in the budget, a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing. 5.3. SPECIAL ASSESSMENTS. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Owners representing more than 50% of the Total Association Vote. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 5.4. SPECIFIC ASSESSMENTS. The Association shall have the power to levy Specific Assessments against a particular Lot as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Lots upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Lot into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their agents, contractors, employees, licensees, invitees, or guests, including any such costs related to maintenance, repair or replacement of the exteriors of improvements or of utilities or other systems serving such improvements; provided, the Board shall give the Lot Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 5.5. AUTHORITY TO ASSESS OWNERS. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in this Declaration. The obligation to pay assessments shall commence as to each Lot, after the Board first determines a budget and levies assessments, and after the Lot is first conveyed to an Owner by Declarant. The first annual Base Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Lot. 5.6. TIME OF PAYMENT. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Lot and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, annual assessments Osterly Park Townhomes Declaration page!O may be paid in monthly or quarterly installments. If any Owner is delinquent in paying any assessments or other charges levied on the Owner's Lot, the Board may require the outstanding balance on all assessments to be paid in full immediately. 5.7. OBLIGATION FOR ASSESSMENTS. 5.7.1. Personal Obligation. Each Owner, by accepting a deed or entering into a recorded contract of sale for any portion of the Property, is deemed to covenant and agree to pay all assessments authorized herein. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such higher rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon a transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. (a) Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. (b) No Owner is exempt from liability for assessments by non- use of Common Areas, abandonment of the Owner's Lot, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or setoff shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. (c) Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. 5.7.2. Declarant's Option to Fund Budget Deficits. During the Declarant Control Period, Declarant may satisfy its obligation for assessments, if any, on Lots which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Lots subject to assessment and• the amount of actual expenditures by the Association Osterly Park Townhomes Declaration page 11 during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least sixty (60) days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Declarant Control Period, Declarant shall pay assessments on its unsold Lots in the same manner as any other Owner. 5.8. LIEN FOR ASSESSMENTS. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law) and costs of collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior and (b) the lien or charge of any recorded first Mortgage (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and judicial or non judicial foreclosure. 5.8.1. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. 5.8.2. Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any subsequent assessments. However, the sale or transfer of any Lot pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Lot shall not be personally liable for assessments on such Lot due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Lots subject to assessment under Section 4.6, including such acquirer, its successors and assigns. 5.9. EXEMPT PROPERTY. The following property shall be exempt from payment of Base Assessments and Special Assessments: (a) Any property dedicated or conveyed to and accepted by any governmental entity or public utility; and (b) Property owned by the Association for the common use and enjoyment of such Associations' members. 5.10. CAPITALIZATION OF ASSOCIATION. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by or on Osterly Park Townliomes Declaration page 12 behalf of the purchaser to the working capital of the Association in an amount equal to one-sixth of the annual Base Assessment per Lot for that year. This amount shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and disbursed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws. ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS. The Association shall maintain and keep in good repair the Common Areas. This maintenance shall include, without limitation, maintenance, repair and replacement of all landscaping and improvements situated on the Common Areas. 6.2. ASSOCIATION'S RESPONSIBILITY FOR EXTERIOR MAINTENANCE. With the approval of not less than 60% of the Total Association Vote at any meeting of the Association, the Association may provide for the painting of exterior portions of the Townhomes and the repair and replacement of the roofing surfaces of the Townhomes. (All such activities of the Association are collectively referred to herein as the "Exterior Maintenance".) 6.2.1. Unless and until the Owners vote in favor of the Association providing such painting and roofing as part of the Exterior Maintenance, each Owner shall remain responsible for such maintenance on the Owner's Townhome. 6.2.2. No Owner may modify the exterior of their Townhome or the screens, doors, awnings or other portions of their Townhome visible from outside the Townhome without the prior written consent of the Board or in accordance with the rules and regulations of the Association. In particular, except as otherwise provided by law, no solar panel, radio or television antenna, satellite dish or other appliance may be installed on the exterior of a Townhome without the prior written consent of the Board which shall not be unreasonably withheld. The Owners shall not repaint, reroof or replace the glass or screens in the windows or doors of their Townhomes except with materials of similar color and quality to those originally installed or as otherwise approved pursuant to Section 7.3. 6.2.3. Exterior Maintenance shall be performed at such time as the Board considers necessary to preserve and protect the appearance and condition of the Townhomes within the Community. Osterly Park Townhomes Declaration page 13 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS. 6.3.1. The Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limitation, such maintenance may include portions of any Lot that contribute to the overall appearance of the entrance to the Community or otherwise as reasonably determined by the Board. 6.3.2. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees or invitees of any Owner, and is not covered or paid for by insurance, in whole or in part, then the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 6.3.3. All maintenance undertaken by the Association shall be performed consistent with the Community -Wide Standard. 6.4. OWNER'S RESPONSIBILITY. Except for the Exterior Maintenance undertaken by the Association pursuant to Section 6.2 above, each Owner is responsible for maintenance, repair and replacement of the Owner's Townhome, any portions of the Lot or improvements thereon not made subject to maintenance, repair and replacement by the Association herein. Each Owner shall, at the Owner's sole expense, keep the interior of the Owner's Townhome and its equipment, appliances and appurtenances in a clean and sanitary condition, free of rodents and pests, and good order, condition and repair and shall do all redecorating and painting at anytime necessary to maintain the good appearance and condition of the Townhome. 6.4.1. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. 6.4.2. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair or replacement, or, in the event that such maintenance, repair or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide Osterly Park Townhomes Declaration page 14 any such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION. Declarant may transfer or convey to the Association any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association for the benefit of all or a part of its Members. ARTICLE 7 USE RESTRICTIONS AND RULES 7.1. GENERAL. The Board may, from time to time, without consent of the Members, promulgate, modify or delete other use restrictions and rules and regulations applicable to the Community so long as any such restrictions, rule or regulation is not contrary to the terms of this Declaration. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled or modified in a regular or special meeting by a majority of the Total Association Vote. 7.2. RESIDENTIAL USE. All Lots shall be used for residential purposes exclusively. No business or business activity shall be carried on, in or upon any Lot at any time except that an Owner or occupant of a Lot may conduct business activities within the Lot so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Lot; (b) the business activity conforms to all zoning requirements; (c) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the Community; and (d) the business activity is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Community, as may be determined in the Board's sole discretion. This Section 7.2 shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant with respect to its development and sale of any Lot. 7.3. ARCHITECTURAL STANDARDS. All Townhomes and other structures (including, without limitations, concrete or masonry walls, rockeries, fences or other structures) to be constructed within the Community, and all exterior alterations and repairs (including, but not limited to, reroofing or repainting) of any Townhomes or other structures on the Property must be approved by an Architectural Review Committee ("ARC") composed of three or more Owners designated from time to time in writing by the Board; provided, that so long as Declarant owns any Lots within the Community, Declarant at its option may exercise all of the rights and powers of the ARC under this Osterly Park Townhomes Declaration pagel5 Section 7.3 including without limitation the appointment of members of the ARC. Complete plans and specifications of all proposed buildings, structures, and exterior alterations and repairs together with detailed plans showing the proposed location of the same on the particular Lot and other data requested by the ARC, shall be submitted to the ARC before construction, alteration or repair is started. 7.3.1. The ARC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. 7.3.2. In the event the ARC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, such approval will not be required. 7.3.3. All plans and specifications for approval by the ARC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date. The maximum height of any building shall be established by the ARC as part of the plan approval and shall be given in writing together with the approval. 7. prepared by an complete set permane- 3.4. The ARC may require that said plans or specifications shall be archite';t or a competent house designer, approved by the ARC. One of ins and specifications shall in each case be delivered to and ie ARC. All buildings or structures shall be erected or r alterations or repairs made, by a contractor, house builder or ved by the ARC. The ARC shall have the right to refuse to r color for such improvements, construction, or exterior n a public street, Common Area or other Lot which is not ms's reasonable opinion, aesthetic or otherwise. $9N 4#4?) ..�.�. In so passing upon such design, the ARC shall have the right to consideration the suitability of the proposed building or other structure, the .aterial of which it is to be built, the exterior color scheme, the site upon which it is to be erected, the harmony thereof with the surroundings, and the effect or impairment that said structures will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ARC's opinion, shall affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 7.3.6. The ARC shall have the right to disapprove the design or installation of a swimming pool or any other recreational structure or equipment, in the ARC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ARC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all of the Lots Osterly Park Townhomes Declaration page 16 located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purpose of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. 7.3.7. The ARC shall have the right to require, at Owner's expense, the trimming or topping (or, if deemed necessary by the ARC, removal) of any tree, hedge, or shrub on a Lot which the ARC determines is unreasonably blocking or interfering with the view or access to sunlight or another Lot. 7.3.8. Notwithstanding any provision contained in this Article, under no circumstance shall the ARC approve any action to construct, alter, restore or repair any structure, improvement, landscaped or native growth vegetation area, etc., which would be contrary to any condition of approval of the Plat of Osterly Park Townhomes as set forth under City of Tukwila subdivision file for the Plat. 7.3.9. Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restrictions on this Section 7.3 as to any Lot owned by the Declarant. 7.4. SIGNS. Except as otherwise provided by RCW 64.38.034, no sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Board. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs. "For Sale" and "For Rent" signs and security signs consistent with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. The provisions of this Section shall not apply to any Person holding a Mortgage who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first Mortgage or as transferee pursuant to any proceeding in lieu thereof. 7.5. OCCUPANTS BOUND. All provisions of the Governing Documents which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants even though Occupants are not specifically mentioned. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 7.6. NUISANCE. Except for the exterior maintenance responsibilities of the Association, it shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on his or her Lot. No property within the Community shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort or serenity of the Osterly Park Townhomes Declaration page 17 occupants of surrounding property. No noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. No plant or animal or device or thing of any sort shall be kept on any Lot whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law. 7.7. SUBDIVISION OF LOT. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right to replat any Lot or Lots owned by Declarant. Any such division, boundary line change or replatting shall not be in violation of the applicable subdivision and zoning regulations. 7.8. FENCES. Except as originally installed by Declarant, no fence or fencing type barrier of any kind shall be placed, erected, allowed or maintained upon any portion of the Community, including any Lot, without the prior written consent of the ARC. 7.9. AIR-CONDITIONING UNITS. Except as may be permitted by the ARC, no air-conditioning units may be installed. Installation of any permitted air-conditioning unit shall be performed by a professional air-conditioning contractor licensed and bonded in the State of Washington. 7.10. LIGHTING. Except as may be permitted by the ARC, exterior lighting visible from the street shall not be permitted except for (a) approved lighting as originally installed on a Lot or (b) seasonal decorative lights, subject to such restrictions as may be established by the Board. 7.11. MAILBOXES. All mailboxes serving the Lots shall be clustered in a kiosk style as originally installed by Declarant or as otherwise approved by the ARC. 7.12. PARKING. Unless kept within a garage, no inoperable vehicle, recreational vehicle, house trailer, mobile home, boat, trailer or commercial vehicle shall be parked within the Community overnight. In addition, no parking shall be allowed on the private streets within the Community at anytime. Parking within the unenclosed parking spaces that lie within the Common Areas shall be subject to such rules and regulations as may be reasonably adopted by the Board. 7.13. PETS. No more than two (2) household pets may be kept on a Lot at anytime and then only when in compliance with rules and regulations adopted by the Board. The Board may at anytime require the removal of any such pet that it concludes is disturbing any other Owner through noise or other behavior. The Board may exercise this authority with regard to specific pets even though other pets are permitted to remain on the Property. 7.14. GARBAGE. Owners shall regularly dispose of their garbage and other debris in containers designed for such purpose. Such containers shall be kept in the Owner's garage until the day designated for pickup. Disposal of garbage and recycling of materials shall be subject to such rules and regulations as may be adopted by the Association. 7.15. EXTERIOR SECURITY DEVICES. No exterior security devices, including, without limitation, window bars, shall be permitted on any Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system shall not be deemed to constitute an exterior security device. 7.16. EXTERIOR AREAS OF LOTS. The exterior areas of Lots (i.e., any area outside the Townhome built on any Lot) are generally restricted to use for landscaping; provided, however, that an Owner may keep typical patio furniture and one barbeque on the exterior of the Owner's Lot so long as any such furniture or equipment is clean and in good working order. In no event shall an Owner keep or maintain a hot tub, spa, pool or similar facility on the exterior of the Owner's Lot. Similarly, no lawn statuary, basketball hoops or similar play equipment shall be maintained on the exterior of any Lot. 7.17. LANDSCAPING. Except for plantings in pots on decks, porches or patios, no Owner shall alter the landscaping on the Owner's Lot without the express consent of the ARC. ARTICLE 8 INSURANCE 8.1. ASSOCIATION INSURANCE. The Association shall, subject to change by Board action on advice of the Association's insurance advisors, maintain at all times as an Association expense a policy or policies and bonds written by companies licensed to do business in Washington providing: 8.1.1. If and only if the Board, upon advice of its insurance advisors, determines it to be necessary in light of the limited nature of the Common Areas, property insurance covering the Common Areas with premiums being paid as a common expense of all Owners, protecting against fire and all other hazards normally covered by standard extended coverage endorsements and all other perils customarily covered for similar property, including those covered by the standard "all risk" endorsements, if available. If obtained, such insurance shall be in the amount of 100% of the current replacement cost of the Common Areas. The Association shall be named as the insured as trustee for the benefit of the Owners and Mortgagees, as their interests appear. Osterly Park Townhomes Declaration page 19 8.1.2. Liability insurance insuring the Board, the Association, Owners, Declarant, and any managing agent, with a "Severability of Interest Endorsement" or equivalent coverage that would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner, and shall cover liability of the insureds for property damage, bodily injury, and death of persons arising out of the operation, maintenance, and use of the Common Areas, and such other risks as are customarily covered with respect to residential projects of similar construction, location, and use. The limits of liability shall be in amounts generally required by Mortgagees for projects of similar construction, location and use, but shall be at least $1,000,000 combined single limit for bodily injury and property damage per occurrence and $2,000,000 general aggregate. 8.1.3. Workers' compensation insurance to the extent required by applicable laws. 8.1.4. A fidelity bond or insurance for any person who either handles or has responsibility for funds that the Association holds or administers, whether or not such person is compensated for services, naming the Association as the obligee and said bond or insurance should cover the maximum amount of funds to be handled at any time while the bond or insurance is in force and a minimum three months' assessments for all Unit Lots within the Community. If a professional manager is employed by the Association and such manager handles funds for the Association, the manager shall maintain the same coverage as the Association. 8.1.5. Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect coverage meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Governmental National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration ("Secondary Market Agencies"), so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by such agencies. 8.2. PAYMENT AND ENDORSEMENTS. Funds to cover the costs of insurance to be maintained by the Association shall be included in the Association's operation reserve account. The policies of insurance shall include endorsements as required by any Mortgagee or any Secondary Market Agency and all such insurance shall be continuously in effect. 8.3. OWNER'S INSURANCE. Each Owner shall continuously maintain in effect insurance with respect to such Owner's Unit Lot and the improvements constructed thereon covering such casualties and liabilities and meeting the insurance requirements as now or hereafter established by the Secondary Market Agencies so long as any such agencies are either a Mortgagee or an Owner of a Unit Lot, except to the extent such coverage is not available or has been waived in writing by such agencies. Upon request by the Association, each Owner shall provide satisfactory written evidence that such insurance is being maintained and that all premiums therefore have been paid. If an Owner fails to obtain any required insurance or fails to pay the premium therefor, the Association may (but shall not be obligated to) obtain such insurance and/or make such payments for such Owner, and add the cost of such payments, as a specific assessment, to the normal assessment of such Owner. 8.4. RECONSTRUCTION. In the event of damage or destruction by fire or other casualty of any Unit Lot and improvement thereon, the Owner thereof shall repair or rebuild such damage or destroyed portions of the Unit Lot and improvements in a good workmanlike manner substantially the same as the original plans and specifications of said property in accordance with plans approved by the Association pursuant to Section 7.3. If the Owner refuses or fails to so repair or rebuild within thirty (30) days or such greater period as may be reasonably determined by the Board, the Association may perform such repair and rebuilding. The Owner must reimburse the Association for the amount actually expended for such repairs or reconstruction, and the Association shall have a lien securing such payment in the same manner provided for herein for assessments. ARTICLE9 EASEMENTS 9.1. EASEMENTS FOR ENCROACHMENT AND OVERT ' ' "` (a) There shall be an appurtenant easerr LiJittPtt, S roof of any improvements constructed on any Lot which oveY ` .1. , ,vet4�, ' Lots to the extent the roof overhang was originally constn E�.o Qc easement shall allow for the Owner of the benefited Lot to h� servient Lot for maintenance, repair and replacement of such ri benefited Lot Owner indemnifies and holds the servient ( r�K..�... damage to the servient Lot in connection with such maintenance, repair or replacement. (b) There shall be _ r rocal appurtenant easements for encroachment and overhang as between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration) to a distance of not more than five (5) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Areas or as between adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point. 9.2. EASEMENTS FOR USE AND ENJOYMENT. 9.2.1. Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the right of the Association to establish Osterly Park Townhomes Declaration page 21 reasonable rules and regulations with regard to the operation, maintenance, repair and replacement of the Common Areas including its use and enjoyment by an Owner, and the Owner's family, tenants, guests and invitees. Without limitation, the Common Areas include those easements more particularly described in Section 9.6 below. 9.2.2. Any Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the occupants of such Owner's Lot, if leased. 9.3. GRANT OF EASEMENT FOR UTILITIES. The following easements with regard to utilities serving the Community are hereby granted and declared by Declarant. 9.3.1. Declarant declares that electrical power wires, natural gas pipelines, cable wires, water pipelines and plumbing pipelines which provide services to the Lots were installed within the Townhomes at locations which are not clearly identified on any map or plan. Such wires, pipes and lines were installed between the floor or ceiling joists and/or in the party wall in accordance with Declarant grants an easement for utility purposes over and across each Lot where each such wire, pipe and/or line currently lies in favor of the Lots served by such wires, pipes and/or lines. In the event any repair or replacement of any such wire, line or pipe is required by any Owner and such repair or replacement requires entry into another Owner's Townhome, the "Consenting Owner" (i.e., the Owner of the Lot which will be entered) agrees to grant reasonable rights of entry for such purposes and further grants such other Townhome Owner the right to make such repairs or replacements from within such Consenting Owner's Townhome, on condition that the Owner in need of such entry and such work pays the cost of such work and restores the Consenting Owner's Townhome to the same condition it was before such entry and work therein. This provision is intended to be interpreted in favor of the Consenting Owner who must grant entry for such purposes and shall be liberally interpreted to ensure that a Consenting Owner is not damaged by such work. 9.3.2. Declarant grants an easement for water, drainage pipes and related equipment which form a part of -the drainage and retention system which services the property, electric power, cable, natural gas, telephone, over, under and across the Lots and Common Areas, as constructed, in favor of the utility suppliers serving the Community. The intent of this easement is to allow the suppliers of such utility services (and the Association with respect to the drainage and retention system) a reasonable right to access and right to make necessary repairs and replacement of component parts of the utility service systems. The Owners who benefit from any work in such utility easement area shall bear the cost of such repair and replacement and are obligated to restore the ground surface or the side of the structure to the same condition it was prior to such utility repair or replacement. 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS. The Association shall have the right, but shall not be obligated, to enter upon any Lot within the Connnunityr emergency, security and safety reasons, which right may be exercised by the Association's manager, and all police officers, firefighters, ambulance personnel and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Board to enter to cure any condition which may increase the possibility of a fire, slope erosion or other hazard in the event an Owner or Occupant fails or refuses to cure the condition upon request by the Board. 9.5. EASEMENT FOR MAINTENANCE. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Property (including Lots), determined in the sole discretion of the Association, as are necessary to allow for the Association's performance of Exterior Maintenance as set forth in Section 6.2 and all other work required under Article 6. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 9.6. 77 NATIVE GROWTH PROTECTION AREAS. Any Native Growth Protection Area within the Community shall be left in a substantially natural state. The Association, the Owners, and their guests, agents, contractors and employees are strictly prohibited from using Native Growth Protection Areas contrary to the local jurisdictions rules and regulations pertaining to such areas. No clearing, grading, filling, building construction or placement, or road construction of any kind shall occur within these areas, except removal of hazardous trees or such activities allowed by the City of Tukwila. The City of Tukwila shall have the right of entry to and from Native Growth Protection Areas across the adjacent property in the Community for the purpose of inspecting, auditing or conducting required maintenance of the Native Growth Protection Areas in accordance with the plat conditions. The Association shall have the primary maintenance responsibility for the Native Growth Protection Areas. towei,izs trukti- � 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT. So long as Declarant owns any Property in the Community for development and/or sale, Declarant reserves an easement across all Property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Property as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient or incidental to Declarant's and such builder's or developer's development, construction and sales activities related to Property subject to this Declaration, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap -on or any other fee for so doing), replace, Osterly Park Townhomes Declaration page 23 lara St's.- e- relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage tines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to operate model residences and a sales office for the Community. 9.8. EASEMENTS FOR VEHICULAR ACCESS. Declarant hereby declares that that the Owners of the following Lots shall have the following easements for vehicular and pedestrian access: 9.8.1. Lots [1], [2), [5) and [6) are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [1], [2), [5} and [6), legally described on Exhibit C attached hereto and incorporated herein by this reference.. 9.8.2. . Lots [3J, [4], [7) and [8] are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [3J, [4], [7) and [8), legally described on Exhibit D attached hereto and incorporated herein by this reference. 9.8.3. Lots [Added in Phase II} are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [Added in Phase 11], legally described on Exhibit E attached hereto and incorporated herein by this reference.. 9.8.4. . Lots [Added in Phase II] are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [Added in Phase II], legally described on Exhibit F attached hereto and incorporated herein by this reference. 9.8.5. Lots [Added in Phase II] are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [Added in Phase II], legally described on Exhibit G attached hereto and incorporated herein by this reference. 9.8.6. . Lots [Added in Phase II] are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [Added in Phase II], legally described on Exhibit H attached hereto and incorporated herein by this reference. 9.8.7. Lots [Added in Phase II] are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Parcels [Added in Phase II], legally described on Exhibit I attached hereto and incorporated herein by this reference.. 9.8.8. Parcels [Added in Phase II] are hereby declared to have a non-exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Parcels [Added in Phase IIJ legally described on Exhibit J attached hereto and incorporated herein by this reference. ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES 10.1. GENERAL RULES OF LAW TO APPLY. Each wall or similar structure built as a part of the original construction on the Lots which serves and/or separates any two adjoining Lots shall constitute a party structure. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors -in -title. ARTICLE 11 CONSENSUS FOR ASSOCIATION LITIGATION Except as provided in this Article, the Association shall not commence a judicial or administrative proceeding without the approval of Owners representing at least 75% of the Total Association Vote. This Article shall not apply, however, to (a) actions brought by the Association to enforce the Governing Documents (including, without limitation, the foreclosure of liens); (b) the collection of assessments; (c) proceedings involving Osterly Park Townhomes Declaration page 25 challenges to ad valorem taxation; (d) counterclaims brought by the Association in proceedings instituted against it; or (e) actions brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor. This Article shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. ARTICLE 12 MORTGAGEE PROTECTION 12.1. ABANDONMENT OF DECLARATION. Neither the Association nor the Owners shall, without consent of 75% of all first Mortgagees of record of the Lots, seek by act or omission to abandon this Declaration or cause any Lot to be removed from the provisions hereof. 12.2. PARTITIONS AND SUBDIVISIONS. Neither the Association nor the Owners shall combine or subdivide any Lot or accept any proposal so to do without the prior approval of75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s), so affected. 12.3. CHANGE IN ASSESSMENT METHODS, ETC. Neither the Association nor the Owners shall make any material amendment to the Declaration or Bylaws (including changes in the methods of allocating assessments among the various Lots) without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s) for which the method of assessment allocation would be changed. 12.4. COPIES OF NOTICES. Written notice that an Owner/Mortgagor of a Lot has for more than thirty (30) days failed to meet any obligation under the Declaration or Bylaws shall be given by the Association to any first Mortgagee of such Lot who has requested to so be notified. Any first Mortgagee shall, upon request, be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 12.5. EFFECT OF DECLARATION AMENDMENTS. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provisions of this Declaration conferring rights upon Mortgagees which is inconsistent with any other provisions of said Declaration or the Bylaws shall control over such inconsistent provisions. 12.6. INSPECTION OF BOOKS. First Mortgagees shall be entitled to inspect at all reasonable hours of week days all of the books and records of the Association, and, upon request, to receive the annual financial statement of the Association within ninety (90) days following the end of the fiscal year of the Association. 12.7. AMENDMENTS BY BOARD. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 13 GENERAL PROVISIONS 13.1. ENFORCEMENT. Each Owner and Occupant shall comply strictly with the Bylaws, the rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. The Board of Directors may impose fines or other sanctions, which shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The Board shall have the right to record in the appropriate land records a notice of violation of the Declaration, Bylaws, rules and regulations, use restrictions, or design guidelines and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible) for violating the foregoing. 13.2. SELF-HELP. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Lot or any other portion of the Community to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates this Declaration, the Bylaws, the rules and regulations or the use restrictions. Unless an emergency situation exists, the Board shall give the violating Lot Owner ten (10) days' written notice of its intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reasonable notice. All costs of self-help, including, without limitation, reasonable attorneys' fees actually incurred, shall be assessed against the violating Lot Owner and shall be collected as provided for herein for the collection of assessments. 13.3. DURATION. The covenants and restrictions of this Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors and assigns, perpetually to the extent provided by law. Osterly Park Townhomes Declaration page 27 13.4. AMENDMENT. This Declaration may be amended unilaterally at any time and from time to time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser or mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (d) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, during the Declarant Control Period, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. In addition to the above, this Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, or the Owners of at least 67% of the Lots and the consent of Declarant until expiration of the Declarant Control Period. Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 13.5. GENDER AND GRAMMAR. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 13.6. SEVERABILITY. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 13.7. CAPTIONS. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 13.8. INDEMNIFICATION. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 13.9. BOOKS AND RECORDS. 13.9.1. Inspection by Members and Mortgagees. This Declaration, the Bylaws, copies of rules and use restrictions, membership register, books of account and minutes of meetings of the members of the Board and of committees shall be made available for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 13.9.2. Rules for Inspection. The Board shall establish reasonable rules with respect to: (a) notice to be given to the custodian of the records; (b) hours and days of the week when such an inspection may be made; and (c) payment of the cost of reproducing copies of documents. 13.9.3. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extra copies of documents at the reasonable expense of the Association. 13.10. FINANCIAL REVIEW. A review of the books and records of the Association shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the Board's financial statements at the annual Osterly Park Townhomes Declaration page 29 meeting, by a majority of the Total Association Vote, the Owners may require that the accounts of the Association be audited as a common expense by a certified public accountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request. 13.11. NOTICE OF SALE, LEASE OR ACQUISITION. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 13.12. AGREEMENTS. All agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 13.13. IMPLIED RIGHTS. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 13.14. VARIANCES. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community; provided, however, that no variance shall be contrary to City of Tukwila ordinances, all of which must be complied with by Owners. EXECUTED as of the day and year first set forth above. DECLARANT: 144th Street REO Partners, LLC, STATE OF WASHINGTON COUNTY OF KING ss. By: Print Name: Julia Overbeck Its: Managing Member On this day personally appeared before me Julia Overbeck to me known to be the Managing Member of 144th Street REO Partners, LLC a limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Seattle, WA Osterly Park Townhomes Declaration page 31 EXECUTED as of the day and year first set forth above. DECLARANT: JULIA OVERBECK, A WASHINGTON RESIDENT By: Printed Name: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that (Julia Overbeck) is the person who appeared before me, and said person acknowledged that (she) signed this instrument and acknowledged it to be (her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated. (Seal or stamp) (Signature) Title My appointment expires EXHIBIT A LEGAL DESCRIPTION Plat of Osterly Park Townhomes, Osterly Park Townhomes Lot 1 Osterly Park Town homes Lot 2 Osterly Park Townhomes Lot 3 Osterly Park Townhomes Lot 4 Osterly Park Townhomes Lot 5 Osterly Park Townhomes Lot 6 Osterly Park Townhomes Lot 7 Osterly Park Townhomes Lot 8 Osterly Park Townhomes Lot 9 (Osterly Park Townhomes lot 10-31 added in Phase 2) Osterly Park Townhomes Declaration Exhibit A EXHIBIT B DESCRIPTION OF COMMON AREAS RECREATIONAL TRACT D THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, THENCE; BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL: THENCE SOUTH 01°09'52" WEST, ALONG THE WEST LINE OF SAID PARCEL, 135.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°09'52" WEST 25.25 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 87°33'54" EAST, ALONG SAID SOUTH LINE, 51.94 FEET; THENCE NORTH 01°09'52" EAST 26.40 FEET; THENCE NORTH 88°50'22" WEST 51.92 FEET TO THE TRUE POINT OF BEGINNING. Osterly Park Townhomes Declaration Exhibit A EXHIBIT C DESCRIPTION OF VEHICULAR ACCESS (Lots [1 J, [2], [5} and [6] NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 1, 2, 5 AND 6 THAT PORTION OF THE LOTS 1, 2, 5 AND 6, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF THE EAST 20.00 FEET OF LOT 1; AND THE SOUTH 12 FEET OF LOT 2; AND THE NORTH 12 FEET OF THE EAST 20 FEET OF LOT 5; AND THE NORTH 12 FEET OF LOT 6. Osterly Park Townhomes Declaration Exhibit A EXHIBIT D DESCRIPTION OF VEHICULAR ACCESS (Lots [3], [4}, [7] and [8} NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 3, 4, 7 AND 8 THAT PORTION OF THE LOTS 3, 4, 7 AND 8, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF LOT 3; AND THE SOUTH 12 FEET OF THE WEST 20.00 FEET OF LOT 4; AND THE NORTH 12 FEET OF LOT 7; AND THE NORTH 12 FEET OF THE WEST 20.00 FEET OF LOT 8. Osterly Park Townhomes Declaration Exhibit A EXHIBIT E DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase II) Osterly Park Townhomes Declaration Exhibit A EXHIBIT F DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase II) Osterly Park Tawnhomes Declaration Exhibit A EXHIBITG DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase II) Osterly Park Townhomes Declaration Exhibit A EXHIBIT H DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase 11) Osterly Park Tawnhomes Declaration Exhibit A EXHIBIT I DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase II) Osterly Park Townhomes Declaration Exhibit A EXHIBITJ DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase II) Osterly Park Tawnhomes Declaration Exhibit A PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: LOT 1 Course: S 87-35-33 E Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 210.175 Area: 2252.418 Mapcheck Closure - (Uses listed Error of Closure: 0.0009 Precision 1: 245065.74 Figure Name: LOT 2 Course: S 87-35-33 E Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 192.892 Area: 1633.807 Mapcheck Closure - (Uses listed Error of Closure: 0.0004 Precision 1: 514549.13 Figure Name: LOT 3 Course: S 87-35-33 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 177.630 Area: 1466.436 Mapcheck Closure - (Uses listed Error of Closure: 0.0004 Precision 1: 423769.38 Distance: 30.007 Distance: 74.757 Distance: 30.000 Distance: 75.411 0.052 acres courses & COGO Units) Course: S 03-10-13 E Distance: 21.930 Distance: 74.280 Distance: 21.925 Distance: 74.757 0.038 acres courses & COGO Units) Course: N 26-58-05 E Distance: 21.929 Distance: 66.648 Distance: 21.928 Distance: 67.125 0.034 acres courses & COGO Units) Course: N 58-50-22 W PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: LOT 4 Course: S 87-35-33 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-38 E Perimeter: 192.671 Area: 1989.958 Mapcheck Closure - (Uses listed Error of Closure: 0.0006 Precision 1: 298779.52 Figure Name: LOT 5 Course: S 88-50-22 E Course: S 01-09-52 W Course: N 88-50-22 W Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 174.000 Area: 1677.000 Mapcheck Closure - (Uses listed Error of Closure: 0.0000 Precision 1: 174000000.00 Figure Name: LOT 6 Course: S 88-50-22 E Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Course: S 88-50-22 E Course: N 01-09-52 E Perimeter: 163.850 Area: 1282.713 Mapcheck Closure - (Uses listed Error of Closure: 0.0000 Precision 1: 163850000.00 Distance: 30.007 Distance: 66.016 Distance: 30.000 Distance: 66.648 0.046 acres courses & COGO Units) Course: N 09-59-55 E Distance: 30.000 Distance: 46.000 Distance: 3.000 Distance: 11.000 Distance: 27.000 Distance: 57.000 0.038 acres courses & COGO Units) Course: S 00-00-00 W Distance: 21.925 Distance: 57.000 Distance: 24.925 Distance: 11.000 Distance: 3.000 Distance: 46.000 0.029 acres courses & COGO Units) Course: N 00-00-00 E PLAT OF Figure Name: LOT 7 Course: S 88-50-22 E Course: S 01-09-38 W Course: S 88-50-22 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 161.860 Area: 1242.139 Mapcheck Closure - (Uses listed Error of Closure: 0.0003 Precision 1: 606365.55 Figure Name: LOT 8 Course: S 88-48-02 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-38 E Course: N 88-50-22 W Course: N 01-09-38 E Perimeter: 169.980 Area: 1613.695 Mapcheck Closure - (Uses listed Error of Closure: 0.0004 Precision 1: 469248.25 Figure Name: LOT 9 Course: S 88-50-22 E Course: S 01-09-38 W Course: N 87-49-57 W Course: N 01-09-52 E Course: S 87-33-54 E Course: N 01-09-52 E Perimeter: 501.667 Area: 12017.484 Mapcheck Closure - (Uses listed Error of Closure: 0.0009 Precision 1: 550728.45 PROJECT: 07181 OSTERLY PARK TOWNHOMES CITY OF TUKWILA Distance: 21.928 Distance: 46.000 Distance: 4.000 Distance: 9.000 Distance: 25.932 Distance: 55.000 0.029 acres courses & COGO Units) Course: S 88-52-00 E Distance: 30.000 Distance: 54.980 Distance: 26.000 Distance: 9.000 Distance: 4.000 Distance: 46.000 0.037 acres courses & COGO Units) Course: N 02-15-13 E Distance: 51.932 Distance: 182.515 Distance: 68.745 Distance: 152.611 Distance: 16.795 Distance: 29.069 0.276 acres courses & COGO Units) Course: N 59-20-38 W PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: TRACT A Course: S 87-35-32 E Course: S 01-09-52 W Course: S 87-35-33 E Course: S 01-09-52 W Course: N 87-33-54 W Course: N 01-09-52 E Perimeter: 375.392 Area: 4,672.002 Error of Closure: 0.0014 Precision 1: 273523.30 Figure Name: TRACT D Course: S 88-50-22 E Course: S 01-09-52 W Course: N 87-33-54 W Course: N 01-09-52 E Perimeter: 155.510 Area: 1340.887 0.031 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0003 Course: S 51-39-58 E Precision 1:537711.57 Distance: 13.213 Distance: 6.502 Distance: 16.795 Distance: 151.194 Distance: 30.007 Distance: 157.681 0.106 acres Course: N 58-48-14 W Distance: 51.925 Distance: 26.401 Distance: 51.938 Distance: 25.246 .. SbUH 7�dTH 5`7'REET.. " a. •a Rwchisyi erauiihri ,• .a .., (paw aw,n.aea.wnl� Co. Brava Type A (On Pole 11' AFG) Cobr Bronze B18 Drn.wa»•anm mr. Wm.aw.. Type B (On AFG) ALED5T78N MAA LEO Ma Ma "Am :Oa Nomil 1204 Cob ham, al la Mow 0=0 2•OR MRIJAm Vat Com MAY 0. RAB WPLED52N WW1 Jo TRA 6" IC 900 LUMEN LED DOWNLIGHT NEW CONSTRUCTION IC922IEDG4 RECESSED HOUSING LENSED TRIMS rF n. Ricnillon km a, :o n+•v«.an..eN.,!+1 ;.: ,n t. .n v, .. .,. ,., » to .r a: ., .., :. non View • Type C (R 8'esse STATISTICS (ties r.n Wow.,, aml.tial Area Designation.) ....aw. .,..w wo llama ur • A s n neso"ummo..v l INE PRINTED MAL NORM./ REIM. Mara CAS! gmcm mom MINTED GMED MEM ,,.. Aw.w ,.w w.s EAC.=4117 MI MOO BOARD AM SMOAAR RPM, MIMEO PLASM LEM IN CAST MOM A* STTIOWO".** Ler 11WZM META? SPECtaAR M.A. MM.. FRAM • . . ,.,www. .e,,.,.ousw .D,..D,.., ,a, ,. LUMINAIRE SCHEDULE w..a. a.w Cdy Cad, .,... a,.mti.n IARP wo llama ur • A s n neso"ummo..v l INE PRINTED MAL NORM./ REIM. Mara CAS! gmcm mom MINTED GMED MEM ,,.. Aw.w ,.w w.s EAC.=4117 MI MOO BOARD AM SMOAAR RPM, MIMEO PLASM LEM IN CAST MOM STTIOWO".** Ler 11WZM META? SPECtaAR M.A. MM.. FRAM • . . ,.,www. .e,,.,.ousw .D,..D,.., ,a, ,. OSTERLY PARK TOWNHOMES SITE LIGHTING & PHOTOMETRIC STUDY Phase 1 Photometric Calculations: Horizontal Footcandles, at grade (measured at 4' horiz. and 4' vertical intervals) Osterly Park Townhomes 3429 S. 144th Street Tukwila WA 98168 Client: Mike Overbeck 4620 S. 148th Street Tukwila WA 98168 Lighting & Photometric Calculations by: David Butler, LC, MIES 206-784-4821 david.butler.lc@comcast.net 2/28/2015 ALED5T78N High output LED pole top area light with IES type V circular distribution. Wide and uniform 360 degree pattern ideal for Targe outdoor areas such as parking lots, corporate parks, and retail settings. LED Info Watts: Color Temp: Color Accuracy: L70 Lifespan: LM79 Lumens: Efficacy: 78W 4000K (Neutral) 82 100000 5874 66 LPW Technical Specifications UL Listing: Suitable for wet locations. Driver Info Type: 120V: 208V: 240V: 277V: Input Watts: Efficiency: LEDs: 6x13W high -output, long -life LEDs. Constant Current 0.74A 0.47A 0.41A 0.35A 90W 87% Lifespan: 100,000 -hour LED lifespan based on IES LM -80 results and TM -21 calculations. IP Rating: Ingress Protection rating of IP66 for dust and water. Drivers (3): Constant Current, 720mA, Class 2 with 6kV surge protection, 100-277VAC, 50/60 Hz. THD: 7.8% at 120V, 11.5% at 277V Cold Weather Starting: Minimum starting temperature is -40°F / -40°C. Ambient Temperature: Suitable for use in 40°C (104°F) ambient temperatures. Effective Projected Area: EPA = 1.2 Thermal Management: Superior heat sinking with external air -flow fins. Housing: Precision die-cast aluminum, Type V distribution. Support Arms: Extruded aluminum. Lens: Clear tempered glass lens. Color: Bronze Osterly Park Phase 1 Site Lighting Type A (On Pole @11' AFG) Created: 02/10/2015 Weight: 21.8 lbs 22 /2' 572 mm 16" 406 mm it F— Fits —I 23/0'Tenon Reflector: Specular vacuum -metallized polycarbonate, Type V distribution. Gaskets: High-temperature silicone. T 4 1/8' 105mm 12 /e" 314 mm 6' 152 mm 1 DLC Listed: This product is on the Design Lights Consortium (DLC) Qualified Products List and is eligible for rebates from DLC Member Utilities. Finish: Our environmentally friendly polyester powder coatings are formulated for high -durability and long-lasting color, and contains no VOC or toxic heavy metals. Color Consistency: 3 -step MacAdam Ellipse binning to achieve consistent fixture -to -fixture color. Color Stability: LED color temperature is warrantied to shift no more than 200K in CCT over a 5 year period. Color Uniformity: RAB's range of CCT (Correlated Color Temperature) follows the guidelines of the American National Standard for Specifications for the Chromaticity of Solid State Lighting (SSL) Products, ANSI C78.377-2011. Green Technology: Mercury and UV free, and RoHS compliant. IESNA LM -79 & LM -80 Testing: RAB LED luminaires have been tested by an independent laboratory in accordance with IESNA LM -79 and LM -80, and have received the Department of Energy "Lighting Facts" label. RAB LIGHTING Tech Help Line: 888 RAB-1000 Email: sales@rabweb.com On the web at: www.rabweb.com Copyright ©2015 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change without notice Page 1 of 2 Created: 02/10/2015 ALED5T78N - continued Patents: The designs of the ALED5T78 are protected by patents pending in US, Canada, China, Taiwan and Mexico. Country of Origin: Designed by RAB in New Jersey and assembled in the USA by RAB's IBEW Local 3 workers. Buy American Act Compliant: This product is a COTS item manufactured in the United States, and is compliant with the Buy American Act. Recovery Act (ARRA) Compliant: This product complies with the 52.225-21 "Required Use of American Iron, Steel, and Manufactured Goods— Buy American Act-- Construction Materials (October 2010). Trade Agreements Act Compliant: This product is a COTS item manufactured in the United States, and is compliant with the Trade Agreements Act. GSA Schedule: Suitable in accordance with FAR Subpart 25.4. LIGHTINGRAB Tech Help Line: 888 RAB-1000 Email: sales@rabweb.com On the web at: www.rabweb.com Copyright ©2015 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change without notice Page 2 of 2 PS4-11-10WT Project: Prepared By: Type: Date: LIGHTING Square steel poles with welded tenon included for use with floodlights. Designed for ground mounting. Poles are stocked nationwide for quick shipment. Protective packaging ensures poles arrive at the job site good as new. Color: Bronze Technical Specifications Listings CSA Listed: Suitable for wet locations. Construction Shaft: 46,000 p.s.i. minimum yield. Hand Holes: Reinforced with grounding lug and removable cover. Base Plates: Slotted base plates 36,000 p.s.i. Shipping Protection: All poles are shipped in individual corrugated cartons to prevent finish damage. Color: Bronze powder coating. Tenon: Welded 2 3/8" tenon included. Weight: 101.0 lbs Height: 10 FT. Gauge: 11 Wall Thickness: 1/8". Shaft Size: 4". Hand Hole Dimensions: 3" x 5". Bolt Circle: 8 1/2". Base Dimension: 8". Osterly Park Phase 1 Site Lighting Pole for Type A Luminaire Lamp Info Type: Watts: Shape/Size: Base: ANSI: Hours: Lamp Lumens: Efficacy: Ballast Info N/A Type: OW 120V: N/A 208V: N/A 240V: N/A 277V: N/A Input Watts: N/A N/A N/A N/A N/A N/A N/A OW Weight: 101 lbs. Anchor Bolt: Galvanized anchor bolts and galvanized hardware and anchor bolt template. All bolts have a 3" hook. Anchor Bolt Templates: WARNING Template must be printed on 11" x 17" sheet for actual size. CHECK SCALE BEFORE USING. Templates shipped with anchor bolts and available . Pre -Shipped Anchor Bolts: Bolts can be pre -shipped upon request for additional freight charge. Other Terms of Sale: Pole Terms of Sale is available . MaxEPA's/Max Weights: 70MPH 27.6 ft_/690 ib 80MPH 21.1 ft_/530 Ib 90MPH 16.4 ft_/410 Ib 100MPH 13.1 ft_/330 Ib 110MPH 10.5 ft_/265 Ib 120MPH 8.6 ft_/215 Ib 130MPH 7.0 ft_/175 Ib 140MPH 5.8 ft_/145 Ib 150MPH 4.8 ft_/120 Ib. Need help? Tech help line: 888 RAB-1000 Email: sales@rabweb.com Website: www.rabweb.com Copyright 2014 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice Page 1 of 2 PS4-11-10WT Dimensions Features Designed for ground mounting Heavy duty TGIC polyester coating Reinforced hand holes with grounding lug and removable cover for easy wiring access Anchor Bolt Kit includes hand hole cover and base cover (sold separately) Custom manufactured for each application LIGHTING Need help? Tech help line: 888 RAB-1000 Email: sales@rabweb.com Website: www.rabweb.com page 2 of 2 Copyright © 2014 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice WPLED52N nM_ LED 52W Wallpacks. 3 cutoff options. Patent Pending thermal management system. 100,000 hour L70 lifespan. 5 Year Warranty. Color: Bronze , Technical Specifications Listings UL Listing: Suitable for wet locations. DLC Listed: This product is on the Design Lights Consortium (DLC) Qualified Products List and is eligible for rebates from DLC Member Utilities.This product is on the Design Lights Consortium (DLC) Qualified Products List and is eligible for rebates from DLC Member Utilities. Optical Lumen Maintenance: 100,000 -hour LED lifespan based on IES LM -80 results and TM -21 calculations. Replacement: The WPLED52 replaces 250W HID Wallpacks. Other LEDs: Two (2) multi -chip, high -output, long -life LEDs. IESNA LM -79 & IESNA LM -80 Testing: RAB LED luminaires have been tested by an independent laboratory in accordance with IESNA LM - 79 and 80, and have received the Department of Energy "Lighting Facts" label. Warranty: RAB warrants that our LED products will be free from defects in materials and workmanship for a period of five (5) years from the date of delivery to the end user, including coverage of light output, color stability, driver performance and fixture finish. Electrical Drivers: Two drivers, constant current, 720mA, Class 2, 100 - 277V, 50 - 60 Hz, 100 - 277VAC .8 Amps. Surge Protection: 6kV Weight: 17.6 lbs Custom Osterly Park Phase 1 Site Lighting Type B (On Wall @12' AFG) Driver Info LED Info Type: Constant Current Watts: 52W 120V: 0.51A Color Temp: 4000K (Neutral) 208V: 0.33A Color Accuracy: 82 CRI 240V: 0.29A L70 Lifespan: 100,000 277V: 0.24A LM79 Lumens: 4,584 Input Watts: 60W Efficacy: 76 LPW Efficiency: 87% LIGHTING THD: 13.0% at 120V California Title 24: See WPLED52/BL for a 2013 California Title 24 compliant product. Any additional component requirements will be listed in the Title 24 section under technical specifications on the product page. Patents: The WPLED design is protected by patents in the U.S. Pat D653,377, Canada Pat. 142252, China Pat. ZL201130356930.8, and Mexico Pat. 36921 and pending patent in TW. Construction Ambient Temperature: Suitable for use in 40°C ambient temperatures. Cold Weather Starting: The minimum starting temperature is -40°F/ -40°C. Thermal Management: Cast aluminum Thermal Management system for optimal heat sinking. The WPLED is designed for cool operation, most efficient output and maximum LED life by minimizing LED junction temperature. Housing: Precision die cast aluminum housing, lens frame. Mounting: Die-cast aluminum wall bracket with (5) 1/2" conduit openings with plugs. Two-piece bracket with tether for ease of installation and wiring. Arm: Die-cast aluminum with wiring access plate. Reflector: Specular vacuum -metallized polycarbonate Gaskets: High temperature silicone. Lens: Tempered glass Finish: Our environmentally friendly polyester powder coatings are formulated for high -durability and long-lasting color, and contains no VOC or toxic heavy metals. Green Technology: WPLEDs are Mercury and UV free. LED Characteristics Color Consistency: 3 -step MacAdam Ellipse binning to achieve consistent fixture -to -fixture color. Color Stability: LED color temperature is warrantied to shift no more than 200K in CCT over a 5 year period. Color Uniformity: RAB's range of CCT (Correlated color temperature) follows the guidelines of the American National Standard for Specifications for the Chromaticity of Solid State Lighting (SSL) Products, ANSI C78.377- 2008. Need help? Tech help line: 888 RAB-1000 Email: sales r@ilrabweb.com Website: www.rabweb.com Copyright'] 2014 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice Pane 1 of 2 WPLED52N Dimensions 3• r T [Isco] 2. L?2 [ 8510] [79.19[ 5. (127,1511 L1:ii lis : lL4�;.L:.l1 9 . [24053[ p•1. [220.851 riot [281.741 [326.501 [08.911- ` 15• LIGHTING Features High performance LED light engine Maintains 70% of initial lumens at 100,000 hours Weatherproof high temperature silicone gaskets Superior heat sinking with die cast aluminum housing and extemal fins Replaces 250W MH Traditional wallpack look from the front 3 cutoff options 5 -year warranty Need help? Tech help line: 888 RAB-1000 Email: sales@rabweb.com Website: www.rabweb.com Page 2 of 2 Copyright © 2014 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice G1.5.52 Juno° Project: Fixture Type: Location: Contact/Phone: PRODUCT DESCRIPTION 6" IC 900 LUMEN LED DOWNLIGHT NEW CONSTRUCTION IC922LEDG4 RECESSED HOUSING LENSED TRIMS Dedicated LED, Air -Loc® sealed new construction housing with integral light engine • Shallow housing allows for fit in 2 x 6 construction • Can be completely covered with insulation • Fully sealed housing stops infiltration and exfiltration of air, reducing heating and air cooling costs without the use of additional gaskets • LED housing is designed to provide 50,000 hours of life and is compatible with many standard Juno trims • 5 year limited warranty on LED components. ENVIRONMENTALLY FRIENDLY, ENERGY EFFICIENT • No harmful ultraviolet or infrared wavelengths • No lead or mercury • Comparable light output to 75W PAR30 incandescent PRODUCT SPECIFICATIONS LED Light Engine LED array integrated to thermally conductive housing provides uninterrupted heat transfer to ensure long life of the LED • Replaceable light engine mounts directly to housing and incorporates the latest generation, high lumen output LED array • LEDs are binned within a 3 -step MacAdam Ellipse exceeding ENERGY STAR® requirements for superior fixture to fixture color uniformity • 2700K, 3000K, 3500K, or 4100K color temperatures available • 90 CRI minimum. Optical System Computer -optimized reflector design with high reflectance white finish coupled with a high transmission diffusing lens conceals the LEDs and produces uniform aperture luminance• Wide flood distribution shipped as standard with optional optic accessories available and sold separately. Aesthetic Trim Selections Compatible with wide selection of existing Juno trims • Shadow free, knife edge design blends seamlessly into ceiling. • Trims are wet location approved for covered ceiling applications. LED Driver Choice of dedicated 120 volt driver or universal voltage driver that accommodates input voltages from 120-277 volts AC at 50/60Hz • Power factor > 0.9 at 120V input • 120 volt only driver is dimmable with the use of most incandescent, magnetic low voltage and electronic low voltage wall box dimmers • Universal voltage driver is dimmable with the use of most 0-1 OV wall box dimmers • For a list of compatible dimmers, seeJUNOICLED-DIM • Mounted between the j -box and housing for easy access and cool operation. Life Rated for 50,000 hours at 70% lumen maintenance. Labels UL listed for U.S. and Canada through -branch wiring, wet locations (covered ceilings) • Union made • UL and cUL. Testing All reports are based on published industry procedures; field performance may differ from laboratory performance. Product specifications subject to change without notice. HOUSING FEATURES Housing Designed for use in IC (insulated ceiling) or non -IC construction • Aluminum housing sealed for Air -Loc® compliance • Housing is vertically adjustable to accommodate up to a 2" ceiling thickness. Junction Box Pre -wired junction box provided with (5) ''4" and (1) '/" knockouts, (4) knockouts for 12/2 or 14/2 NM cable and ground wire • UL listed and cUL listed for through -branch wiring, maximum 8 #12 branch circuit conductors • Junction box provided with removable access plates • Knockouts equipped with pryout slots • Quick connect electrical connectors supplied as standard for fast, secure installation. Mounting Frame 22 -gauge die -formed galvanized steel mounting frame • Rough -in section (junction box, mounting frame, housing and bar hangers) fully assembled for ease of installation. Real Nail 3 Bar Hangers Telescoping Real Nail 3® system permits quick placement of housing anywhere within 24" O.C. joists or suspended ceilings • Includes removable nail for repositioning of fixture in wood joist construction • Integral T -bar notch and clip for suspended ceilings • Design covered under Patent D552,969. Osterly Park Phase 1 Site Lighting Type 13 (On Wall @12' AFG) DIMENSIONS 5 1/8" 13 1/2" Will expand to 25" (Reduces to 9 1 /8"with breakaway feature) 6 7/8" CEILING CUTOUT ELECTRICAL DATA Dedicated 120V Only Driver Option 120V Input Power 15.7W (+/-5%) Input Current 0.13A Frequency 50/60Hz EMI/RFI FCC Title 47 CFR, Part 15 Class B (residential) Minimum starling temp •25'C ELECTRICAL DATA Universal Voltage 120V 277V Input Power Input Current 16.7W (+/-5%) 0.14A 16.5W (+/-5%) 0.06A Frequency 50/60Hz 50/60Hz EMI/RFI FCC Title 47 CFR, Part 15 Class A (commercial) Minimum starting temp •40'C FCC Title 47 CFR, Part 15 Class A (commercial) -40'C • JJNo LIGHTING GnouP by Schneider [I.c..ic G1.5.52 6" IC 900 LUMEN LED DOWNLIGHT NEW CONSTRUCTION IC922LEDG4 RECESSED HOUSING LENSED TRIMS ORDERING INFORMATION: Housing, trim and accessories each ordered separately. Example: IC922LEDG4-3K-1 Example: 2330W -WH Housing Color Temperature 27K 2700K 3K 3000K 3500K 4100K ACCESSORIES Catalog No. Description Input Voltage 1 Dedicated 120V Only (Forward Phase + ELV dimmable) Universal Voltage, 120-277V (0-10V dimmable) LEDOPTICG3-M Medium Flood Optic (50°) LEDOPTICG3-N Narrow Flood Optic (37°) LEDOPTICG3-S Spot Optic (10°) To order, specify catalog number. Trim/Description AIR -LOC AIRLoc AIR-LOC Albalite Shower/Closet Light 21 -WH Drop Opal 21 -PW Shower/Closet Light ( 22 -WH Fresnel AIR -LOC AIRLoc 239-WH * l 242 -WH �O%, 242 -SC 242-ABZ AIR -LOC Frosted Lens Shower Trim Frosted Lens with Clear Center ® 243 -WH * Decorative Swirled Etched Opal Glass AIR -LOC AIR -LOC 2330W -WH * 2330B -WH * 6101-ABZ * 6101 -SC * 6101 -WH White Baffle, Regressed Frosted Dome Lens with Reflector Black Baffle, Regressed Frosted Dome Lens with Reflector Beveled Frame - Frosted Dome tens with Reflector UL Listed for use in wet location. * Do not use reflector shipped with trim for LED housing. Trim Size: 2330 - 73/4" O.D.; 239, 242, 243, 9900 - 7s%" O.D.; 6101 - 7Y4" O.D.; 20, 21, 22 - 8" O.D. Trim Finish: ABZ - Classic Aged Bronze, SC - Satin Chrome, WH - White, PW - Plastic White (Polycarbonate material shower trim). Note: In Canada when insulation is present, Type IC fixtures must be used. JUNO IC housings meet IECC Energy Code requirements per ASTM E283. Air -Loc® rated trims are pre-gasketed for minimum air leakage with IC housings. AIR -Loc PHOTOMETRIC REPORT Test Report #: PT10111804R Catalog No: IC922LEDG4-35K with 239•WH Trim and standard wide flood optic Luminaire Sparing Criterion: 1.02 Luminaire LPW: 50 CANDLEPOWER DISTRIBUTION (Candelas) Degrees Vertical 0° 0 5 15 25 35 45 55 65 75 85 90 510 504 463 381 259 151 89 53 30 6 0 Multiplier:27K - 0.90 3K - 0.97 41K • 1.04 AVERAGE INITIAL FOOTCANDLES Multiple Units (Square Array, 60'x60' room) Ceiling 80% Wall 50% Floor 20% Spacing RCR1 4.0' 54 5.0' 6.0' 7.0' 8.0' 9.0' 10.0' 34 24 19 15 12 9 RCR3 43 28 19 16 12 9 7 RCR5 36 23 16 13 10 8 6 ZONAL LUMEN SUMMARY Zone Lumens %Lamp %Fixture 0-30° 351 N/A 43.6 0-40° 513 N/A 63.7 0-60° 713 N/A 88.5 0-90° 805 N/A 100.0 INITIAL FOOTCANDLES (One Unit, 16W , 70.8° Beam) Distance to Illuminated Plane (Feet) Footcandles Beam Center Beam Diameter 4 31.9 5.7' 6 14.2 8.5' 8 : 8.0 11.4' 10 5.1 14.2' LUMINANCE (Average cd/m2) Average Degrees Luminance 45 11720 55 8491 65 6874 75 6272 85 3921 Fixtures tested to IES recommended standard for solid state lighting per LM -79-08. Photometric performance on a single unit represents a baseline of performance for the fixture. Results may vary in the field. i .AMDLIGHING GROW by Schneider EI•°.rl• 1300 S. Wolf Road • Des Plaines, IL 60018 • Phone (847) 827-9880 • Fax (847) 827-2925 220 Chrysler Drive • Brampton, Ontario • Canada L6S 6B6 • Phone (905) 792-7335 • Fax (905) 792-0064 Visit us at www.junolightinggroup.com Printed in U.S.A. ©2014 Juno Lighting, LLC. DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W,M., in King County, Washington LEGAL DESCRIPTIONS LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; AND THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 3.5 FEET CONVEYED TO THE CITY OF TUKWILA BY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267 THEREOF. KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNERCS). KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON<S) OR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER THE DEDICATION OF THE PROPOSED TRACTS AND UTILITIES ARE SUBJECT TD THEIR COMPLETION BY THE DEVELOPER AND ACCEPTANCE AND APPROVAL BY THE PUBLIC WORKS DIRECTOR THAT THEY HAVE BEEN COMPLETED TO CITY STANDARDS. IN VITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF , 20 Mike Overbeck ACKNOWLEDGMENTS Julia D. Overbeck STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBUC PRINTED NAME DATED MY APPOINTMENT EXPIRES STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW DR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 20_ AT M. IN BOOK OF AT PAGE AT THE REQUEST OF MCR SUPT. OF RECORDS TUKWILA APPROVALS EXAMINED AND FOUND TO 8E IN CONFORMITY WITH SURVEY DATA, LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS OF WAY DESIGN OF SEWAGE AND WATER SYSTEMS, DRAINAGE SYSTEMS AND OTHER LAND USE CONTROLS. EXAMINED AND APPROVED THIS DAY OF , 20 . PUBLIC WORKS DIRECTOR ALL INSTALLED IMPROVEMENTS ARE IN ACCORDANCE WITH THE PRELIMINARY PLAT APPROVAL. THE SUB DIVIDER HAS EXECUTED BOND AGREEMENTS IN ACCORDANCE WITH TMC 17.024.030 TO ASSURE COMPLETION OF REMAINING REQUIRED IMPROVEMENT'S AND CONSTRUCTION PLANS. PUBUC WORKS DIRECTOR CITY OF TUKWILA TREASURER'S CERTFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS DAY OF 20__ FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS DAY OF 20 CITY CLERK KING COUNTY APPROVALS KING COUNTY TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY DF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS — DAY OF 20_ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 1 \ �1 SITE SOUTH 144T11 STREET -Y 1 SOUTH 146111 STREET AV VICINITY NOT TO SCALE PROPERTY NOTES 1. TRACT "A" RECORDED UNDER KING COUNTY RECORDING NUMBER IS A PRIVATE ACCESS AND U11UTIES TRACT. ALL LOTS IN OSTERLY PARK TOWNHOMES SHARE UNDIVIDED AND EQUAL INTEREST IN OWNERSHIP OF TRACT A. MAINTENANCE OF TRACT "A" SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. 2. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT D RECORDED UNDER KING COUNTY RECORDING NUMBER SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION. 3. THE 10 FOOT PRIVATE SANITARY SEWER EASEMENTS RECORDED UNDER RECORDING NUMBER ARE FOR THE BENEFIT OF THE LOTS SHOWN ON THIS SUBDIVISION. MAINTENANCE, REPAIR, AND/OR REBUILDING OF THESE FACILITES SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR SURVEY NOTES CERTIFICATE NO. 00000 1. Field data for this survey was obtained by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 BASIS OF BEARING BASIS OF BEARING 14422 THIRTY FOURTH SOUTH CONDOMINIUM, VOL 47/89 SHEET 1 OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Hox 813, Seohurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 JRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 3/11/15 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington Found 2" brass disk w/"X" In concrete in case - 11/11/07 N87'35'33" W (c) N87'35'52"W (m) 30' North lend 4' chain link / fence is 0.3' north & 0.9' east of set rebar w/cap '9 I New Private 24� p driveway easement (J) y o,-)2 I .!j 3.5' conveyed to the City of Tukwila Rec. #20050518000267 South 144th Street 10' NEW PRIVATE grylE TARy' SEWER EASEMENT REC. 0' Exception for Road Rec. #6060692. 2430.54' (m) 09'52"E 0.00 P N 10' NEW PRIVATE SANITARY SEWER— EASEMENT REC # PHASE 2 30.01 LOT "L 47'ao aa�� lRo m1o� On oIo z 0'22"E 30.00 r 8� LO - o a] 0 27 00'2 26 51.92 n 588'50'22"E 587'33'54"E TRACT D: TEMPORARY RECREATION TRACT GRAPHIC SCALE ( 04 FEET ) 1 inch - 30 ft. LEGEND ▪ Concrete Monument in Case • Monument no case X Tack in Lead or Nail & Disk (2) Temp. parking spaces 08850 22 LOT 9 68.75 N87'49'S7"W 0 Set 2"x2" hub w/tack (P) Plat bearing or distance (c) calculated bearing or distance O Set rebar w/cap #23604 - — Old Lot Lines Q Found pipe or rebar - — - Easement Lines Boundary Lines GP Guest Parking E ew Private 24' driveway easement (K) oor10' NEW PRIVATE SANITARY ca. SEWER EASEMENT REC. —ON # 10' Found brass pin w/punch mark in concrete in case - 11/11/07 1748.47 0) M o 0 5 _ — 1 6 Basis of Bearing of this survey are monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. LOT AND TRACT AREAS TRACT A = 4,672 sf ± or 0.11 acres ± RECREATION TRACT D - 1,341 sf t or 0.03 acres ± LOT 16 = 1,242 sf ± or 0.03 acres ± LOT 17 = 1,614 sf ± or 0.04 acres ± LOT 18 = 1,466 sf ± or 0.03 acres ± LOT 19 = 1,990 sf ± or 0.05 acres ± LOT 20 = 2,252 sf ± or 0.05 acres ± LOT 21 = 1,634 sf ± or 0.04 acres 4 LOT 22 = 1,677 sf ± or 0.04 acres ± LOT 23 = 1,283 sf ± or 0.03 acres 4 LOT 24 = 1,610 sf ± or 0.04 acres ± LOT 100 = 12,017 sf 4 or 0.28 acres ± LOT WIDTHS LOTS RANGE IN WITDHS FROM 21.92 FEET TO 30.01 FEET Found 2" brass disk w/punch mark in concrete in case - 11/11/07 South 748th Street SHEET 2 OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.0. Box 813, Seahurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE 9/16/09 PROJECT NO. 07181 DRWN BY LAW J08 NO. 530/4 FIELD DATE 11/11/07 REVISED 03/12/15 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W,M., in King County, Washington ASBUILT CONDITION S _ �—O South /44th Street'4' — 1 o "I' sconcre a s. , . 08/13/08 Existing fire hydrant 10' Exception for Road — DETAIL: EASEMENT LOCATIONS — _ o F — — — _ —I%� 1 1 I I n 0o LOT I (._ — I I South — LOT 2 — — 1446h — W Cr C LLJ o _ U Street — _ — — — LOT LOT 3 4 — — — —1 I — NI. —oo o Private 24' driveway — — — N SCL vault curb cut I I--concrete walk — — — — _— — s _ � n ® sty o .��,a�. "'.tea u . cut N 65.15 N87'35'32"W9 North end 4' chain link ..,„.4.06.- I n fence is 0.3' north & 0.9' ,hc 4°o 0 ,p• east of set rebar w/cap wood fence r 1 •. ' 8 685'3' E. �'35'33"EP °,. —painted o sewer line s (green) o I New Private 24' driveway easement (J) for the benefit of Townhomes 20, 21, 22 and 23 1 , I — �L 0 41 �—, — 92' 0 E Q W • 0: co — _ 41. 3' ew easement (I) for the benefit of Townhomes 16, 17, 18 and 19 0.9' y, OA ° eF'541,16,P En '9 4 o^ E�fng,. O carportI pO n n ° House ' oil fil #3421 �` ' �� eeast dge concrete I 1 10' NEW PRIVATE SANITARY SEWER EASEMENT I New Private 5' sidewalk-% L 41 I LOT I 15 ^ I—j� I r 93_ — LOT 6 4 .92 2 1 ' 0 = tx 2 ti Q nn 9 �I _ 41. 3' I LOT—II 7 LOT 8 _25_93' I ca ti P w d deck °pe TL 0040000094 1.1' �@ � O ' moi C',5' S 1.3'--- i ° ; TL 0040000088 % � N87'33'S4"W --_ �u _ I3 n Lot Line to be / Removed �. Found old cb standin water 9 t down 5' (no ow outlet found) m 0 � 05 `O w . w c^ £ wood fence & ACL Swale o'n 3 :,g In 3 / lsi N v/% set 2"x2" w/tack) ( Existing r Building 7 ,n / / Existing Building // j easement (K) for the '- I I benefit of Townhomes 22 and 23 — J /\ M J 4P1 --------- I TRACT D: TEMPORATY RECREATION TRACT uu II 25.93' a 3 mm d. m 72 y E r. Ern mac•-I �Y in c aI v6 m ,g'-'1":2 o- o w ^I 3 m v� Z va LOT 100 I l A "-10' NEW PRIVATE SANITARY SEWER EASEMENT RIuV�W\ — t O W — GRAPHIC SCALE 0. a r-set rebar w/cap 2.00' J_ offset west m m / / •rMR J f a FST) l inch_ 30 It '-- LEGEND chain link fence is east of line 1 68.75 _, N87'49'57"W (c) J GRAPHIC SCALE h ® Concrete Monument in Case ili Catch Basin X Tack in Lead or Nail & Disk A Gas Valve o Set rebar w/cap #23604 ® Found pipe or rebar D Water Valve Hydrant ® sewer manhole °n, Power pole ® storm drain manhole el Deciduous Tree wn❑ water meter Evergreen Tree p.� power pole w/Ilght ( Thi FEET 1 inch ..30 ) 11. SHEET 3 OF 3 SCHROETER PROFESSIONAL P.O. Box 813, Seuhurst, Washington ■LAND SURVEYING LAND SURVEYORS 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN 8Y LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 3/12/15 Cola: Bronze Type A (On Pole LED Drl..ware et west Or (paw pink shaded area) Type B (On Wall WPLED52N 6" IC 900 LUMEN LED DOWNLIGHT NEW CONSTRUCTION IC5)221EDC4 RECESSED HOUSING LENSED TRIMS Type C (R 8 AFG) DWPISIONS STATISTICS LUMINAIRE SCHEDULE CIRCUIT EACH VAIN I MA. MOLDED PLASM CUTOI) REFLECTSPECULAOR OSTERLY PARK TOWNHOMES SITE LIGHTING & PHOTOMETRIC STUDY Phase I Photometric Calculations: Horizontal Footcandles, at grade (measured at 4' horiz. and 4' vertical intervals) Osterly Park Townhomes 3429 S. 144th Street Tukwila WA 98168 Client: Mike Overbeck 4620 S. 148th Street Tukwila WA 98168 Lighting & Photometric Calculations by: David Butler, LC, MIES 206-784-4821 davld.butler.Ic@comcast.net 2/28/2015 Trees 00.7657 BPIa717.1 Mame Coonan M1.. 572. 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MO0111 9557 -due -Pam Planting Plan L-2 To: City of Tukwila rT.CENEO FEB 03 20921 COMMUNITY DEVBLOPf CNT Osterly Park Townhomes permit L08-076; L08-079 was approved as 31 Units. Due to economics I am requesting to build the first 8 units as phasel in the spring of 2012 and then go back and build the rest of the approved subdivision, with the construction on phase 2 to start as soon as 80% of the units in phase 1 are sold. Originally we had submitted to build 10 units with the complete infrastructure and then finish the rest of the buildings in phases. Due to the cost of the Sewer and water mains as well as the loss of rental income until the first phase is sold, that is no longer a viable option. I intend on this being 1 motion with no breaks in the project. As we all are aware of, the economy has presented great changes to many devoplers and I am no exception. Both of the local banks that had approved this project when I started have permanatly closed their construction departments. We turned to private investment to continue and they are limiting the risk. Specifically the first 8 units/lots are exactly the same as in the approved subdivision. A recreation space was added to meet the city phasing requirements in what will eventually be the C building in phase 2. If there were no phase 2 for an unforeseen reason then this would be a permanent recreation space as it meets all city requirements. Water, Sewer, and Storm drain will end at the southern boundary line of the Phasing lots and will be extended at the start of phase 2 to exactly what is approved on the subdivision approval. The common utility trench, including power, gas, cable, and phone will be in underground conduit. The conduit will go in at the start of phase 1, units as added will be hooking up to the stubs already in the ground. Thank You for your consideration Mike Overbeck Osterly Park Townhomes a • • at* of g a/2mila Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Jaimie Reavis, HEREBY DECLARE THAT: Project Number: L14-0066, PL14-0039 Notice of Application X Notice of Decision Mailing requested by: Jaimie Reavis Notice of Public Hearing Mailer's signature: ft,b044,-P 'J 7x /4,,,, - Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was mailed to each of the addresses listed/attached and emailed to DOE on this 25 day of February, 2016 Project Name: Osterly Park Townhomes Phase I Final Subdivision Project Number: L14-0066, PL14-0039 Associated File Number (s): L12-005, C09-014, E08-022, L08-079, PRE08-011 L08-077, Mailing requested by: Jaimie Reavis Mailer's signature: ft,b044,-P 'J 7x /4,,,, - H:\DESIGN REVIEW\OSTERLY TOWNHOMES\FINAL SUBDIVISION\L14-0066 AFFIDAVIT OF DISTRIBUTION.DOC • T City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director February 25, 2016 NOTICE OF DECISION TO: Mike Overbeck, Applicant Julia Overbeck, Owner Stephen Wong Mengstab Tzegai Abraha Zerai Dana Dick, Manager, Valley View Sewer District Shane Young, General Manager, Water District#125 Tukwila School District King County Assessor, Accounting Division King County Metro Transit Division, SEPA Official Washington State Department of Ecology Washington State Department of Commerce This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L14-0066 (Final Subdivision), PL14-0039 (Parent Project File) Applicant: Mike Overbeck Type of Permit Applied for; Final Subdivision Plat Approval Project Description: Request for final subdivision approval for Phase 1 of the Osterly Park Townhomes. Phase 1 includes creation of nine lots along with an access road and a recreation space tract. Final plat approval of Phase 1 would allow the applicant to construct and sell eight townhome unit lots. The overall project (Phase 1 and 2) is for 31 unit townhomes, but the current proposal is for final plat approval of Phase 1. The Board of Architectural Review has previously approved the Preliminary Plat and Design Review for the proposal. The Tukwila City Council held a public hearing on this application on February 22, 2016, and approved the application on the same evening during a Special Meeting. Location (Phase 1): 3421 S 144th St (parcel #0040000088), 3429 S 144th St (parcel #0040000094) Associated Files: L12-005 Design Review Major Modification C09-014 Traffic Concurrency Certificate E08-022 SEPA/Environmental Review L08-079 Preliminary Subdivision L09-002 Rezone L08-077 Comprehensive Plan Amendment L08-076 Design Review PRE08-011 Pre -Application Meeting Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov NOD: Osterly Park Townhomes Final Subdivision Plat February 25, 2016 Page 2 Comprehensive Plan Designation/Zoning District: High Density Residential (HDR) 11. DECISION • ', SEPA Determination: The City SEPA Responsible Official has previously determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non - Significance (DNS) on October 28, 2009. Decision on Substantive Permit: The City Council has determined, following an open record hearing, that the application for a Final Subdivision Plat does comply with applicable City and state code requirements and has approved that application based on the findings and conclusions contained in the staff report. The Decision on this Application is a Type 5 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. III. YOUR APPEAL RIGHTS No administrative appeal of the City Council Decision is permitted. Any party wishing to challenge the City Council Decision must file an appeal in King County Superior Court pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Courtwithin such time limit, the Decision on this permit will be final. IV. INSPECTION OF INFORMATION ON THE APPLICATION 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 Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Jaimie Reavis, who may be contacted at 206-431-3659 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. tptIt Dartment of Community Development City of Tukwila Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwitaWA.gov COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 02/22/16 MD Mayor's review l•► Council euiew ITEM INFORMATION ITEM No. 3 &4.A. Spec 3 1 S'1'Al'I' SPONSOR: MINNIE DHALIWAL ORIGINALAGI'NDA DATE: 02/22/16 AGENDA I'1'EM TITLE Osterly Park Townhomes Phase I Final Subdivision Approval. This is a quasi-judicial matter and any and all discussion related to this issue should occur during the Council meeting. Please do not communicate on this topic outside of the meeting. CA\1'1?GORY ❑ Discussion Mtg Dale 4 Motion Date 2/22/16 ❑ Resolution Mfg Date ❑ Ordinance AItg Dale ❑ Bid Award AN Date �I Public Hearing ❑ Other Mtg Date Mtg A4tg Date 02/22/16 SPONSOR ❑ Council ❑ May'or ❑ NR 4 DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIV SPONSOR'S Request for final plat approval for Phase I of the Osterly Townhome Plat. The applicant is SUMMARY planning to build eight townhome units as part of Phase I. The overall project (Phase 1 and 2) is for a 31 -unit townhome project. The City Council shall hold a hearing for Phase 1 of the project and subsequently make a decision of Phase 1. Phase 2 approval is not requested at this time and will require a separate City Council approval. REYII3WIiD BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte Cmte ❑ Arts Comm. ❑ Parks Comm. COMMITTEE CHAIR: ❑ Transportation Cmte • Utilities ►1 Planning Comm. DATE: 03/26/12 RECOMMENDATIONS: SPONSOR/ADMIN. CoMM1'1TEI: Department of Community Development Unanimous Approval with Conditions from Planning Commission; COST IMPACT / FUND SOURCE EXPENDI'1'URl? RIiQUIRl. D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/22/16 MTG. DATE ATTACHMENTS 02/22/16 Informational Memorandum dated 2/17/16 Staff Report with Attachment A thru E 1 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Jack Pace, Director Community Development BY: Minnie Dhaliwal, Planning Supervisor CC Mayor Ekberg DATE: February 17, 2016 SUBJECT: Final Subdivision approval for Phase 1 of the Osterly Park Townhomes QUASI-JUDICIAL ISSUE Conduct a public hearing for the final subdivision for Phase 1 of the Osterly Park Townhomes proposed at 3421 S 144th Street. This is a quasi-judicial matter and any and all discussion related to this issue should occur during the Council meeting. Please do not communicate on this topic outside of the meeting. BACKGROUND The applicant is requesting a final subdivision approval for Phase 1 of the Osterly Park Townhomes. Phase 1 includes creation of nine lots along with an access road and a recreation space tract. Final plat approval of Phase 1 would allow the applicant to construct and sell eight townhome unit Tots. The overall project (Phase 1 and 2) is for 31 unit townhomes, but the current proposal is for final plat approval of Phase 1. The Board of Architectural Review has previously approved the Preliminary Plat and Design Review for the proposal. Per Tukwila Municipal Code and State Law a public hearing is required before the City Council can approve the final plat. DISCUSSION See attached Staff Report along with Attachments A thru E for detailed description of the proposal and findings of fact for the decision. FINANCIAL IMPACT N/A RECOMMENDATION The City Council is being asked to hold a public hearing on February 22, 2016. After the public hearing City Council can decide if the matter is ready for a decision at the Special Meeting on the same night. If additional time is needed by the City Council to make a decision the item can be scheduled for the March 14, 2016 Special Meeting to follow Committee of the Whole that same night (due to fifth Monday meeting and DC trip). Staff recommends approval of the final plat for Phase 1. The City Council has to adopt written findings of fact for their decision per the State Law. This can be achieved by a motion that incorporates staff's written findings or as amended by the City Council during their deliberations. Sample language for the motion is provided: I move to approve project number L14-0066 based on the findings and conclusions contained in the staff report dated February 17, 2016 as amended during the City Council deliberations. ATTACHMENTS Staff Report along with Attachments A thru E. 3 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE CITY COUNCIL DEPARTMENT OF COMMUNITY DEVELOPMENT Prepared February 17, 2016 HEARING DATE: February 22, 2016 STAFF CONTACT: Jaimie Reavis, Senior Planner NOTIFICATION: 0 Combined Notice of Application and on-site meeting notice posted on site and mailed to surrounding properties and agencies with jurisdiction on April 9, 2015. 0 Notice of Public Hearing published in the Seattle Times, posted on site, and mailed to surrounding properties and agencies with jurisdiction February 8, 2016. FILE NUMBERS: L14-oo66 Final Subdivision ASSOCIATED FILES: L12-oo5 Design Review Major Modification Cog -o14 Traffic Concurrency Certificate Eo8-o22 SEPA/Environmental Review Lo8-o79 Preliminary Subdivision Lo9-oo2 Rezone Lo8-o77 Comprehensive Plan Amendment Lo8-o76 Design Review PREo8-o11 Pre -Application Meeting APPLICANT: Mike Overbeck, Julia Overbeck REQUEST: LOCATION (Phase I): COMPREHENSIVE PLAN DESIGNATION/ ZONING DISTRICTS: Request for Final Subdivision approval for Phase I of the Osterly Park Townhomes. The first phase includes creation of eight new unit lots from two existing lots for townhouse development. This 31 -unit townhome project originally received design review and subdivision preliminary approval in November 2009 from the Board of Architectural Review (BAR). The preliminary plat approval was amended in March 2012 to include a phasing plan and a major modification to the design review approval to ensure that Phase I of the development would be able to meet code requirements as a stand-alone project, consistent with the requirements of TMC 17.14.040. 3421 S 144th St (parcel #0040000088), 3429 S 144th St (parcel #oo40000094) High Density Residential (HDR) Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 5 Staff Report 2-17-16 Page 2 SEPA COMPLIANCE: The City of Tukwila, as the lead agency for this project, issued a Determination of Non -Significance for this project on October 28, 2009. PUBLIC COMMENTS: No comments were received during the Notice of Application for the Final Subdivision application. A public meeting was held on the project site on April 16, 2015 pursuant to the requirements of 18.108.050, A. Three members of the public attended the meeting but declined to submit any formal comments on the project. Each person who attended lived in a nearby apartment and was interested in the project in general and had specific questions for the developer about the expected cost of the homes. RECOMMENDATIONS: Staff recommends approval of the Final Subdivision application. ATTACHMENTS: A. Applicant's request and response to approval criteria B. Notice of Decision and Staff Report to the Board of Architectural Review approving Preliminary Plat approval on March 26, 2012. C. Copies of the Final Plat Survey prepared by Schroeter Land Surveying dated 1/13/16 D. Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes E. Consistency with Applicable State Subdivision Requirements (RCW 58.17) Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 6 Staff Report 2-17-16 Page 3 FINDINGS I. PROJECT DESCRIPTION A townhome is a type of residential development in which individual dwelling units are attached along at least one common wall to at least one other dwelling unit. Each townhouse occupies space from the ground to the roof and has direct access to private open space. Similar to a detached single family home, townhomes are most often developed and sold to include the structure and the land on which it is located. The land on which an individual townhome is located is called a unit lot. A unit lot is part of a larger parent lot, to which the standards of the underlying zoning district are applied, including minimum lot area, lot area per unit, setbacks, and perimeter landscaping. Mr. Mike Overbeck is requesting final plat approval for Phase I of a two-phase subdivision that includes a total of 31 townhome units. Phase I includes eight townhomes. This project received preliminary plat approval in March 2012. Both phases of the project are required to receive final approval within seven years of the date of preliminary approval. Per TMC 17.14.040, the subdivider may develop and record the subdivision in phases. At this time, only Phase 1 is being requested to receive final plat approval. There are two existing parcels in Phase I, totaling approximately 0.72 acres. One building on each existing lot is under construction. Sale or transfer of individual unit lots may not occur until the final plat is recorded. The applicant is planning to record and sell developed townhomes in Phase I to finance construction of Phase II. This project, if approved, will be the first townhouse project to receive final plat approval since the ordinance allowing development of zero lot line and fee simple townhouses was adopted by the Tukwila City Council (Ordinance 2199, adopted March 2008). The intent of allowing this type of development in Tukwila was to expand the type of owner -occupied housing and the development choices in Tukwila's multi -family zones. Adoption of Ordinance 2199 added attached and detached zero -lot -line development to the condominium and apartments that were already allowed in the Medium Density Residential (MDR) District and the High Density Residential (HDR) District. This project has involved several land use permits, including a rezone and Comprehensive Plan Amendment for one of the existing parcels making up the project site, SEPA environmental review, design review, preliminary approval, and a major modification to the design review. One of the Tots was previously rezoned from MDR to HDR. Below is a table summarizing the public outreach that has been conducted for this project, in addition to the public hearing that is being held for this Final Subdivision Plat application. Public Outreach Date Permit Numbers Type (mailing, posted notice, meeting) Comments 3/27/2009 Lo8-o79 (Preliminary Plat), Lo8-o76 (Design Review), Eo8-022 (SEPA/Environmental Review) Notice of Application: site posted, notification mailing. Written response from Manager of Valley View Sewer District Dana Dick to inform City and applicant of permitting requirements. Phone: 206-433-1800 • Email: Mayor@TukwitaWA.gov • Website: TukwilaWA.gov 7 Staff Report 2-17-16 Page 4 10/27/2009 Lo8-o79, Lo8-o76 Notice of Public Hearing: site posted, notification mailing including party of record. None 10/29/2009 Lo8-o79, Lo8-o76 Notice of Public Hearing published in Seattle Times. None 2/14/2012 Lo8-o79, L12-oo5 (Major Modification to the Design Review) Notice of Application: site posted, notification mailing including party of record. None 3/8/2012 Lo8-o79, L12-oo5 Notice of Public Hearing published in the Seattle Times, site posted, notification mailing including party of record. None 4/9/2015 L14-oo66 (Final Plat) Combined Notice of Application and notice of on-site public meeting posted and mailed. None 4/16/2015 L14-oo66 On-site public meeting 3 nearby residents attended, asking questions about project timeline and the cost of the new homes. II. VICINITY/SITE DESCRIPTION Site Description The project site is located on the south side of 5 144th Street between Tukwila International Blvd and Military Rd South. Phase I of the project is made up of two existing tax parcels having frontage along S. 144th St. Existing Development Mr. Overbeck has applied for building permits to construct a townhouse building on each of the existing lots. These two buildings are along the street frontage of 5.1440 Street and will contain the first four units of Phase I of the Osterly Park Townhomes. The other two buildings that are part of Phase I will be constructed after Phase I is recorded. Surrounding Land Uses The Osterly Park Townhouse development site is located within the High Density Residential (HDR) zoning district, which allows for up to 22 dwelling units per net acre. The HDR zone is intended to provide a high- density, multiple -family district which is also compatible with commercial and office areas. Surrounding areas are zoned for multifamily development (MDR, HDR) or mixed-use residential and commercial development (NCC). The site is within walking distance to many neighborhood destinations, including grocery stores, schools, and parks. Topography Topography at the site is relatively flat; the site has a gradual slope down from west to east. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 8 Staff Report 2-17-16 Page 5 Access A private road off S. 144th Street provides access to units in Phase I, and connects to shared garage access areas where a two -car garage for each townhouse is accessed. Sidewalks are located on both sides of the private access road, and connect to the sidewalk along 5.144th St. Sidewalks and crossings connect to Foster High School and Showalter Middle School to the east. The sidewalk along S. 144th St. connects to a crosswalk to the west of the project site, at the intersection of 34th Ave. S. and S. 144th St. A striped walkway along 34th Ave. S. is part of a Safe Route to School route connecting to Cascade View Elementary. This walkway will be improved as part of a grant award in 2016-2017. Site Layout and Proposed Townhomes Phone: 206-433-1800 • Email: Mayor@TukwitaWA.gov • Website: TukwilaWA.gov 9 Staff Report 2-17-16 Page 6 Phasing Plan: This application is for final plat of Phase I. Fhase 1 1.• . • • sa,r, 1441,9reet Phase 1 °stony Park Townhomes Jo. Annus South 1 Soot.. *44 41•oot 14.1,4014. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 10 Staff Report 2-17-16 Page 7 Two building (each with two units) is under construction as there are two existing Tots and the developer could build on each lot without a subdivision. However after the final plat approval the developer plans to sell each unit separately and build additional four units as part of Phase I approval. III. SUBDIVISION REVIEW PROCESS Preliminary Approval Any land being divided into ten or more lots, unit lots, or tracts is subject to subdivision review. Subdivisions require preliminary plat approval by the Hearing Examiner. For projects also involving a design review application, review and hearings for both applications are combined and done by the Board of Architectural Review (BAR). During preliminary approval, the BAR reviews project plans (1) to determine the project's consistency with the Tukwila Comprehensive Plan and other City -adopted plans, zoning and subdivision requirements, and state laws; (2) to ensure the subdivision includes appropriate provisions for utilities and road improvements; (3) to determine the project's compatibility with the area in which it is located; and (4) to ensure appropriate provisions have been made for dedications, easements, reservations, and maintenance of privately owned common facilities. After preliminary plat approval, access and utilities for the project are built and the applicant demonstrates how other conditions of the preliminary plat approval have been met in preparation for final plat approval. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 11 Staff Report 2-17-16 Page 8 Final Approval The decision on a final plat is made by the City Council. The final plat approval is granted by a City Council motion following a public hearing. The motion adopts findings of fact based on a review of the project's conformance with TMC 17.14 (Detailed Procedures for Subdivisions) and Washington State subdivision regulations (RCW 58.17). The Mayor and City Clerk sign the final plat after City Council approval, after which the applicant records the final plat with the King County Recorder's Office. Below is a summary of the steps required in the final plat approval process for a subdivision, including application requirements, review procedures, and decision criteria. After the discussion of project consistency with decision criteria, information and criteria for approval of project phasing is included. Project phasing requirements were reviewed by the Board of Architectural Review during the Design Review Major Modification application (L12-oo5), since it had the potential to impact the final design of the development if Phase II was not ever built. IV. Project Consistency with Tukwila Municipal Code (TMC) 17.14.030 A. TMC 17.14.030 (A) APPLICATION: The following table includes a list of items required to be submitted for a complete application for final plat approval. Item Submitted 1. Completed Application Form and fee as identified in TMC Chapter 18.88. X 2. Completed Application Checklist. X 3. Copies and one original of the final plat survey in conformance with the standards set forth in TMC 17.04.060. X (Attachment C) 4. A plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days prior to the date of filing the application for final plat approval. 5. Private covenants intended to be recorded with the plat. X (Attachment D) 6. Any documentation necessary to demonstrate conditions of preliminary plat approval have been met. X 7. King County Assessor's maps which shows the location of each property within 500 feet of the subdivision; two sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision. X 8. Maintenance agreements, easements and other documents ready for recording. X g. Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department, City of Tukwila Finance Director, Owner's affidavit and certificate of dedication as identified in TMC 17.04.060(1). X — Signature from the Seattle -King County Health Department not required since project does not include a septic system. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 12 Staff Report 2-17-16 Page 9 B. TMC 17.14.030 (B). FINAL PLAT REVIEW PROCEDURES: Applications for final plat approval shall be processed as a Type 5 decision subject to the provisions of TMC 18.108.050. Below each of the procedures is listed in italics, followed by information on what occurred during each procedure during review of this application. 1. Referral to Other Departments and Agencies - The Department of Community Development shall distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. The final plat was distributed for review to the Fire Department, the Public Works Department, and the Building and Planning divisions within the Department of Community Development. Additionally, the Police Department reviewed the lighting plan to ensure adequate lighting levels within the development to promote safety and security, and the Finance Department provided information to ensure outstanding balances owed to the City were paid in preparation for final subdivision plat approval for Phase I. Additionally, managers from Valley View Sewer District and Water District #125 provided written approval of Phase I of the final subdivision plat. 2. Departmental Approval - The Public Works Department and other interested departments and agencies shall review the final plat and submit to the Department of Community Development written comments with respect to the final plat decision criteria. If the final plat is in order, the Public Works Director shall sign the appropriate certificates on the mylar original. The Fire Department, Public Works Department, and the Building and Planning Divisions reviewed the final plat, including at least three rounds of corrections to the plat and associated documents. All corrections were addressed during these reviews, and all departments to which the application was routed indicated approval of the project by signing a memorandum to this effect. The Public Works Director has signed Sheet 1 of 4 of the plat. a. Before the final plat is submitted to the City Council, it shall be signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of the Department of Community Development. Upon approval by the City Council, it shall be signed by the Mayor and attested by the City Clerk. Sheet 1 of the subdivision plat has been signed by the Tukwila Finance Director, Director of Public Works, and the Director of the Department of Community Development. b. The applicant shall file the final plat with the Department of Records and Elections. The plat will be considered complete when a copy of the recorded documents is returned to the Department of Community Development. Upon City Council approval of the final subdivision plat for Phase I and signature of the plat map by the Mayor and City Clerk, the applicant will file the final plat with the Department of Records and Elections. A copy of the recorded plat for Phase I will need to be returned to DCD in order to close out the permit in the City's permit tracking system. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwitaWA.gov 13 Staff Report 2-17-16 Page 10 C. TMC 17.14.030 (C). CRITERIA FOR FINAL PLAT APPROVAL: In approving the final plat, the City Council shall find the project meets the criteria contained in TMC 17.i4.o3o, C. Each of the criteria are included below, followed by a discussion of project consistency. 1. That the proposed final plat bears the required certificates and statements of approval. The final plat has been reviewed for conformance with the survey content requirements of TMC 17.04.060 and the state requirements of Washington Administrative Code (WAC) section 332 -13o -05o (survey map requirements). Certificates for the Recorder, Land Surveyor, Tukwila Treasurer (Finance Director), and King County Treasurer are all located on Sheet 1 of 4 of the final plat. Signature blocks for the owner, Public Works Director, DCD Director, Mayor, and City Clerk are also located on Sheet 1 of 4. The project does not include any dedications of property to the City. Easement and maintenance agreements have either been recorded as indicated on Sheets 2-4 of the final plat, or will be recorded with and as part of the final plat. Easements to be recorded with the final plat are described on Sheet 4 of 4 of the attached final plat survey. The applicant has submitted the Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes, which are referenced on the plat with, spaces to be filled in with the recording number assigned to the CC&Rs. 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. A title report prepared by CW Title was prepared on July 15, 2015 and submitted in August 2015 to meet this requirement. The title report shows 144th Street REO Partners LLC as the owner of the property included in Phase I. The attached Certificate of Organization of 144th Street REO Partners LLC prepared by the New Mexico Public Regulation Commission shows that Mrs. Julia Overbeck is the sole member of 144th Street REO Partners, and that she granted ownership of Phase I property to 144th Street REO Partners LLC by quit claim in May 2015. Mr. Mike Overbeck was appointed a Managing Member of 144th Street REO Partners LLC in October 2013. 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. Facilities and improvements required and constructed for Phase I as part of the Public Works permit (PW13- 145) for the Osterly Park Townhomes included the following: private road including curbs and sidewalks, sanitary sewer system, water service including water lines and fire hydrants, electrical and gas service, and a storm drainage system. The Public Works permit received its final inspection and as -built plans were submitted by the applicant. 4. That the plat is certified as accurate by the land surveyor responsible for the plat. Sheet 1 of 4 includes the Land Surveyor's Certificate stating that the information shown on the plat is correct. Each sheet of the plat includes the surveyor's stamp and signature. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 14 Staff Report 2-17-16 Page 11 5. That the plat is in conformance with the approved preliminary plat. In the table below, the conditions of approval applicable to Phase I of the plat are listed on the left column. Condition Notes on Conformance Legal access to the remaining area of tax parcel 00400o-0094 shall be provided through an easement, or alternatively, by combining the remaining area of tax parcel 004000-oo94 with tax parcel 004o00-0083. This shall be included as part of the review of the Public Works permit for Phase I. Met: The remaining area of tax parcel 00400o-0094 is shown as Lot 9 on the final subdivision plat for Phase I. Legal access to this lot is provided via a private ingress, egress and utilities easement, as well as Tract A to be recorded as part of this application. Plans for Phase I shall be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line. The landscaping shall be installed prior to final inspection of the first unit that is constructed; and final plat approval can be issued with a bond for landscaping. (Phase I) Met. Landscaping shall be provided prior to final inspection of the building permits. Site improvements likely to be damaged during construction, including a perimeter fence, recreation area and equipment, landscaping, irrigation, lighting, lighting fixtures, and colored and patterned pavement areas are proposed to be deferred to the final inspection of the building permit for each lot A minimum of two guest parking spaces shall be added to Phase I. These spaces can be added to the south side of the site, and shall be removed at such time as the private access drive is extended as part of Phase II. The addition of the guest parking spaces and the rear yard landscaping may require revisions to the lot or tract layout as shown in the preliminary subdivision survey. Staff recommends the design of these spaces and any necessary changes to the survey be reviewed as part of the Public Works construction permit for Phase I. (Phase I) Met: Plans were revised to include two guest parking spaces at the south end of the private drive/Tract A. These will remain in place until such time as the private drive is extended as part of Phase II. The applicant shall submit a revised lighting plan to meet recommendations of the Tukwila Police Department, the lighting requirements in TMC section 18.52.065 and the Tukwila Infrastructure Design and Construction Standards. (Phase I, Phase II) Met All utilities for the project, private access road and sidewalks, and the recreation area located on the west side of the private access road shall be completed as part of the Public Works construction permit. Private access road, sidewalks, and all utilities were all installed as part of the Public Works construction permit. Installation of the recreation space is being deferred until final building permit inspection of the units to be built on Tots 3 and 4. The applicant shall obtain an NPDES construction permit for this project. (Phase I) Phase I of this project did not involve disturbance of more than one acre, so was not required for this phase of the project. An NPDES construction permit will be required once the project moves into Phase II. Phone: 206-433-1800 • Email: Mayor@TukwitaWA.gov • Website: TukwilaWA.gov 15 Staff Report 2-17-16 Page 12 Storm drainage for roof drains, foundation drains, and paved areas shall be infiltrated and/or dispersed on- site, or detention provided. Civil site plans shall be reviewed as part of the PW infrastructure permit. Contact the Tukwila Public Works Department for submittal and design requirements. (Phase I, Phase II) Met Access road, utilities, undergrounding of power, and extension of sewer and water lines to the unit lots shall be approved by the appropriate departments and/or utility and conform to the Civil Plans dated August 4, 2009. As -built plans shall be provided to the Public Works Department prior to final approval. Met Install all required site improvements. You will need to obtain all required permits prior to beginning any construction. For water and sewer permits, contact the individual provider District. For City of Tukwila utilities, contact Tukwila Public Works at (206) 433-0179 for a Public Works (PW) type 'C' permit for approval. A Street Use will be part of this permit and require bonding, insurance, and a Hold Harmless Agreement for work within the Public Right -of -Way. (Phase I, Phase II) Met Minimum clear access road width is zo feet. Fire lane marking/stenciling will be required as necessary to ensure width is maintained. (Phase I , Phase II) Met Submit a current water availability letter from Water District 125. (Phase I, Phase II) Met Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" shall be modified to reference BAR approval, and to include joint maintenance agreements for access road, utilities, and landscaping areas. Also, the legal descriptions under Exhibit A of the codes, covenants, and restrictions shall be added to the document, and reviewed administratively. Easements and the codes, covenants, and restrictions shall be recorded prior to final subdivision approval. (Phase I, Phase II) Met: Several easements have been recorded, but some have been added to the final plat map, to be recorded at the same time as the subdivision plat map is recorded for Phase I. The CC&Rs can be recorded at the same time as the final subdivision plat map is recorded for Phase I. Separate easement documents and maintenance agreements for any common infrastructure (utility lines, access roads/driveways) shall be submitted for review and approval by the Public Works Director. (Phase I, Phase II) Met Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 16 Staff Report 2-17-16 Page 13 Submit a set of recording documents in either legal or record of survey format that meet the King County Recorder's requirements and contain the following items: a) A survey map as described in the application checklist that is consistent with all of the conditions of approval. The surveyor's original signature must be a) Met b) Met as separate easement or as an easement included within the final subdivision plat. c) Met as a separate easement, as an easement included within the final subdivision plat, or included in the CC&Rs. d) File number Lo8-o79 is the file number associated with the preliminary subdivision plat for Phase I. This is the incorrect file number to be included on the final subdivision plat; instead, all sheets include the correct final subdivision plat application number (L14 - 0066). e) This sheet is not necessary for inclusion in the final subdivision and is best left out, as has been done. f) Met g) During review of final subdivision plat documents, we learned that a common practice for townhouse plats is to include a list of all the lots included in the plat, with corners, monuments, distances, and angles noted for all lots. The legal description on the plat instead describes the boundary of the entire development rather than a legal description for each individual unit lot. h) Met. See Property Notes on Sheet 4 of 4. on the face of the plat. b) Separate easement document with legal descriptions for any common access/utility infrastructure. c) Separate joint Maintenance Agreements for the access road, drainage system, and landscaping areas. d) Add Tukwila land use file number Lo8-o79 for the subdivision application to all sheets of the survey. e) Include Existing Conditions Survey as Sheet 5 of 5 of the survey sheets. f) Add a vicinity map to the survey. g) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also add legal descriptions for each of the tracts. h) The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). (Phase I, Phase II) Required to be met at the time of Building Permit approval. Buildings will be required to meet fire flow requirements per the International Fire Code. (Phase I, Phase II) Required to be met at the time of Building Permit approval. Adequate ground ladder access area of 15 feet minimum depth to be provided for 2nd and 3rd story bedroom rescue windows. (Phase I, Phase II) Reviewed at time of building permit submittal. 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 proposed final plat for Phase I meets all applicable requirements of Chapter 58.17 RCW. Detailed discussion and consistency criteria of applicable RCWs is included as Attachment E. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwitaWA.gov 17 Staff Report 2-17-16 Page 14 D. TMC 17.14.040 PHASING The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. Proposed project phasing consists of two phases which include all land contained within the preliminary plat, as well as frontage improvements along 34th Ave S. Sheet 2 of 4 of the final subdivision plat for Phase I shows how the entire tax parcel oo4000-oo88 and a portion of tax parcel 00400o-0094 will be subdivided into 8 unit lots, Tract A (for ingress, egress and utilities), and Tract B (recreation space for Phase I). Sheet 2 of 3 of the Phase I subdivision survey shows how the remaining area of tax parcel oo4000-oo94 (shown as Lot 9 on final plat Sheet 2 of 4), will become a new, vacant lot until such time as it is subdivided as part of Phase II. 2. The sequence and timing of development is identified on a map. The first two buildings of Phase I are currently under construction; construction of the other two buildings within Phase I will start after the Phase I final subdivision plat is recorded. Phase II is planned for construction following final subdivision approval of Phase I and once units within Phase I have been sold. A separate City Council approval is required for the Final Plat of Phase 2. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. Phase I is comprised of a contiguous group of lots which meets all pertinent development standards on its own. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. The design of Phase I will provide adequate circulation for both automobiles and pedestrians. Each townhouse unit contains an attached 2 -car garage. Because all guest parking spaces are included in Phase II, two guest parking spaces were added to the end of Tract A as part of Phase I. Plans have been reviewed by the Public Works, Fire, Building, and Planning departments to ensure adequate utilities are included to serve the development proposed as part of Phase I. Sewer, water, and storm drainage infrastructure is adequate to serve Phase I, and is designed so that it can be extended into Phase II of the project. 5. All phases shall be recorded within the five-year life of the preliminary plat, unless an extension is granted. All phases shall be recorded within five years unless the applicant applies and receives approval for an extension or Tukwila Municipal Code is amended to allow extended time. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwitaWA.gov 18 Staff Report 2-17-16 Page 15 CONCLUSIONS 1. The applicant, Mr. Overbeck is requesting final plat approval for Phase I of the Osterly Townhome Plat. The applicant is planning to build eight townhome units as part of Phase I. The overall project (Phase and 2) is for a 31 -unit townhome project. The City Council shall hold a hearing for Phase 1 of the project and subsequently make a decision of Phase 1. Phase 2 approval is not requested at this time and will require a separate City Council approval. 2. Ordinance 2199 was adopted in March 2008 allowing development of zero lot line and fee simple townhomes in MDR and HDR zoning districts. A townhome is a type of residential development in which individual dwelling units are attached along at least one common wall to at least one other dwelling unit. 3. Any land being divided into ten or more lots, unit lots or tracts is subject to subdivision review. Subdivisions require preliminary plat approval by the Hearing Examiner. Design Review is required for all townhome projects. For projects also involving a design review application, review and hearing for both applications are combined and done by the Board of Architectural Review. After preliminary plat approval, access and utilities for the project are built prior to final plat approval. The decision of the final plat is made by the City Council. The Board of Architectural Review approved the preliminary plat and design review on March 22, 2012. 4. The project site is located on the south side of S 144th Street between Tukwila International Blvd and Military Rd South. Phase I of the project is made up of two existing tax parcels having frontage along 5. 144th Street. The project site is located within the High Density Residential (HDR) zoning district, which allows for up to 22 dwelling units per net acre. Townhomes are a permitted use in HDR zone. The HDR zone is intended to provide a high-density, multiple -family district which is also compatible with commercial and office areas. Townhomes are a permitted use in HDR zone. 5. A private road off S. 144th Street provides access to units in Phase I and includes sidewalks on both sides. 6. Phase I includes a total of nine lots with eight units lots for townhomes; access road and recreation space tract. Phase 1 of the proposal includes a total of eight unit lots that will allow construction of four buildings with two units each. Phase 1 is designed so that it can function and meet all Tukwila Municipal Code requirements as a stand-alone project. Phase 2 is designed such that the access road continues to provide access to Phase 2. 7. The subject site for Phase 1 comprises of two parcels. The developer has permits to building two buildings (total of four units). A plat is not required for the construction of one building per lot. However the developer plans on selling individual Tots of creation of units lots as part of the proposed final plat for Phase 1. 8. The proposed final plat meets Tukwila Municipal Code requirements for final plats, as specifically noted below: a) TMC 17.14.030 A. Application requirements b) TMC 17.14.030 B. Review Procedures c) TMC 17.14.030 C. Criteria for Final Plat: i) The proposed plat bears the required certificates and statements of approval ii) 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 appears on the plat certificate. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 19 Staff Report 2-17-16 Page 16 iii) Facilities and improvements required to be provided by the subdivider have been completed for Phase a. Landscaping and other improvements that could be damaged due to construction of the townhomes shall be provided prior to final inspection of the building permits. iv) Land surveyor has signed the plat. v) The plat is in conformance with the approved preliminary plat. vi) 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 approval. 9. The proposed plat complies with the phasing requirements listed under TMC 17.14.040. 10. All infrastructure required as part of the preliminary approval for Phase 1 has been constructed and reviewed and accepted by the City's Public Works, Fire and Department of Community Development. The City's Finance Department has confirmed that no assessment are delinquent. Additionally, managers from Valley View Sewer District and Water District #125 provided written approval of Phase I of the final subdivision plat. RECOMMENDATIONS Approval of the Final Subdivision application for Phase 1 of the Osterly Townhome project. Phone: 206-433-1800 • Email: Mayor@TukwitaWA.gov • Website: TukwilaWA.gov 20 "-CE1VED OCT 162014 ;.1 MUNU Y • .s it.L.UPMENT Osterhi Park Townhomes Subdivision -Final Plat Discussion Attachment A In 2009, I received preliminary subdivision approval for Osterly Park Townhomes. This consisted of an approximate 1.7-arce site that included 31 zero lot line townhome units, the requirements for landscaping, guest parking, utilities, access, recreation areas, and frontage improvements were reviewed by the City of Tukwila's Planning, Public works, Police, and Fire departments and approved by the Board of Agriculture Review, and Department of Community development. In the approval, there were to be three phases, of the units themselves constructed. However, the entire Infrastructure, including all utilities, roads and sidewalks, were to be completed. This proved not economically viable and in 2012, I asked for and received a phase approval that included Infrastructure for phase 1 only. This to include the infrastructure and construction of the first 8 units only. In accordance with 18.14.060 the project was subject to design review. Per TMC 18.60.050 a townhouse development must follow the design criteria contained in the Townhouse Design Manual. This manual is available on the city's website. In the preliminary subdivision approval, Site Planning, Building Design, Landscape/Site Treatment, and Miscellaneous Structures/ Street Furniture were all reviewed and changed if need be based on planning staff recommendations and or the request of the city council. Attached is a copy of the Preliminary Subdivision approval, where these issues in great detail are discussed and recommendations are made. In addition to that, we received input from city council meetings and several visits to the planning department. Consequently, all recommendations from the planning staff and city council were used as a chance to make the project better and in every case we tried to accommodate the exact recommendation. There are two changes that have been made in the phase 1 approval received in March 2012 that differ from the original subdivision approval in 2009. The first, being a temporary recreation area, that in phase 2, will removed when the full required landscape area is installed. The other temporary change is that 2 temporary guest parking stalls will be created at the end of the main driveway and later these will be removed as the guest spaces are re located in phase 2. The project compiles completely with the phase 1 approval received in March 2012. Please reference attached items, Subdivision approval, Phase 1 approval, Landscaping plan, and the Surveyor's phase 1 drawings. Thank you, Mike Overbeck Owner Osterly Park Townhomes 21 Osterly Park Townhomes OA - Response to New Preliminary Approval Conditions — Final subdivision Phase 1 (ref cond#10) 1. Legal access to the remaining area of tax parcel 0040000094 shall be provided through an Easement or alternatively by combining the remaining area of tax parcel 0040000094 with tax Parcel 0040000083 This shall be included as part of the review of the Public Works permit for Phase I. Easement recorded provides access to back lot. 2. Plans for Phase I shall be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line Phase I. 10 ft landscape is shown on plans, this would only be needed if phase 2 was not developed. 3. A minimum of two guest parking spaces shall be added to Phase I, these spaces can be added to the south side of the site and shall be removed at such time as the private access drive is extended As part of Phase 1 1 The addition of the guest parking spaces and the rear yard landscaping may Require revisions to the lot or tract layout as shown in the preliminary subdivision survey Staff Recommends the design of these spaces and any necessary changes to the survey be reviewed as Part of the Public Works construction permit for Phase'. These 2 temporary parking spots were added to all phase 1 plans and currently exists onsite. Mike Overbeck Oserly Park Townhomes 22 0/5/5- Osterly Park Townhomes Response to Condition #10 — Final subdivision Phase 1 17.14.040 Phasing The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. All land within the approved Phase 1 has been appropriated to an approved Tract or Lot that meets the requirements of the preliminary approval. The side walk in the right of way had to be updated to match the entrance into the subdivision but there were no off site improvements required as all Utilities were stubbed on the property with the exception of the gas service, and Pudget Sound Energy pulled their own permit and install all off and onsite service lines. 2. The sequence and timing of development is identified on a map. There are two phases in this project. the submission for Phase one clearly shows the area of each phase. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. Phase 1 meets all requirements as a standalone project, In the event that there was no phase 2 constructed, phase 1 would stand on its own as meeting all city codes. This was reviewed by the planning staff as well. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. The fire lane was reviewed and approved by the fire Marshall. Two spaces of guest parking are provided in phase one. Power, Water, Sewer, Gas, Comcast, Century Link all have provided stub outs for phase 2. 70% of the Storm drain system was installed for both phases in phase one, phase one is around one-third of the total area of the complete subdivision. The stormtech system installed can be added to in phase two to complete the requirement for the entire subdivision. 5. All phases shall be recorded within the five-year life of the preliminary plat, unless an extension is granted. As soon as 55 % of phase one is sold, we hope to begin construction on phase two and meet the five year deadline for the current subdivision approval. Mike Overbeck Osterly Park Townhomes 23 Attachment B City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director March 26, 2012 NOTICE OF DECISION TO: Mike Overbeck, Applicant Julia Overbeck, Owner Chau Tieu Huynh, Owner Mengstab Tzagai, Owner Abraha Zerai, Owner Dana Dick, Manager, Valley View Sewer District Mark Parsons, Water District #125 Washington State Department of Commerce King County Metro Transit Division, SEPA Official King County Assessor, Accounting Division Tukwila School District Washington State Department of Ecology This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L08-079 Osterly Park Townhomes Subdivision Preliminary Plat Application Applicant: Mike Overbeck Type of Permit Applied for: Subdivision Preliminary Plat PROJECT DESCRIPTION: Mike Overbeck has applied for design review and preliminary subdivision approval to develop an approximately 1.7 -acre site with 31 townhouse units and required landscaping, guest parking, utilities, access, recreation areas, and frontage improvements. The project will involve demolition of 14 dwelling units including two single-family homes and three condominium buildings (each building containing four dwelling units). The project is proposed to be constructed in two phases. The first 8 townhome units and associated site improvements will be constructed during Phase I; the remaining 23 townhome units, associated site improvements, and frontage improvements along 34th Ave. S. will be constructed as part of Phase II. Location: Six tax parcels located at 14420 —14426 341 Ave S, and 3421-3429 S 144th Street. (parcels Type 4 Permit 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 25 0040000087, 6391100000, 6391110000, 0040000083, 0040000088, 0040000094). 6433610240 Associated Files: L12-005 (Design Review Major Modification); L08-076 (Public Hearing Design Review); E08-022 (SEPA/Environmental Review); C09-014 (Traffic Concurrency Certificate Application); PRE09-011 (Pre -Application Meeting) Comprehensive Plan Designation/Zoning District: High Density Residential (HDR) II. DECISION SEPA Determination: The City SEPA Responsible Official has determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non -Significance (DNS),I Decision on Substantive Permit: The City Planning Commission has determined that the application for a Subdivision Preliminary Plat does comply with applicable City and State code requirements and has approved that application based on the findings and conclusions contained in the staff report, subject to the following conditions of approval. Please note Phase I or Phase II is noted after each condition indicating when the condition is applicable. The following shall be addressed as part of the Public Works Construction Permit: 1. Legal access to the remaining area of tax parcel 004000-0094 shall be provided through an easement, or alternatively, by combining the remaining area of tax parcel 004000-0094 with tax parcel 004000- 0083. This shall be included as part of the review of the Public Works permit for Phase I. 2. Plans for Phase I shall be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line. The landscaping shall be installed prior to final inspection of the first unit that is constructed; and final plat approval can be issued with a bond for landscaping. (Phase I) 3. A minimum of two guest parking spaces shall be added to Phase I. These spaces can be added to the south side of the site, and shall be removed at such time as the private access drive is extended as part of Phase II. The addition of the guest parking spaces and the rear yard landscaping may require revisions to the lot or tract layout as shown in the preliminary subdivision survey. Staff recommends the design of these spaces and any necessary changes to the survey be reviewed as part of the Public Works construction permit for Phase I. (Phase I) 4. The applicant shall submit a revised lighting plan to meet recommendations of the Tukwila Police Department, the lighting requirements in TMC section 18.52.065 and the Tukwila Infrastructure Design and Construction Standards. (Phase I, Phase II) 5. All utilities for the project, private access road and sidewalks, and the recreation area located on the west and north sides of the private access road (including children's play equipment), shall be completed as part of the Public Works construction permit. (Phase I utilities, private access road and sidewalks, and recreation area shall be constructed for the first 8 units per plans submitted with the Major Modification application, which shall be revised as part of the Public Works permit for Phase I to accommodate the new conditions of approval added with this Design Review Major Modification. and Preliminary Subdivision amendment. Phase II shall include utilities, private access road and sidewalks, and recreation areas as originally approved in November 2009). Type 4 Permit JR Page 2 of 5 03/26/2012 H:\Design Review\Osterly Tawnhomes\Preliminary Subdivision\NOD_L08-079_Preliminary Plat Approval_Osterly Park_3-22-12.doc 26 6. The applicant shall obtain an NPDES construction permit for this project. (Phase I) 7. A street light mast arm shall be added to the existing wooden pole. (Phase II) 8. Overhead utilities along 34th Ave S shall be moved underground, unless the applicant applies for and obtains a waiver from this requirement from the Public Works Director. The applicant shall submit an estimate for work to underground these utilities with the waiver request. (Phase II) 9. Storm drainage for roof drains, foundation drains, and paved areas shall be infiltrated and/or dispersed on-site, or detention provided. Civil site plans shall be reviewed as part of the PW infrastructure permit. Contact the Tukwila Public Works Department for submittal and design requirements. (Phase I, Phase II) 10. Access road, utilities, undergrounding of power, and extension of sewer and water lines to the unit lots shall be approved by the appropriate departments and/or utility and conform to the Civil Plans dated August 4, 2009. As -built plans shall be provided to the Public Works Department prior to final approval. (Phase II, new civil plans dated February 6, 2012 and revised to accommodate new conditions of approval shall be used for Phase I) 11. Install all required site improvements, including those proposed in the application and those identified above as conditions of approval. You will need to obtain all required permits prior to beginning any construction. For water and sewer permits, contact the individual provider District. For City of Tukwila utilities, contact Tukwila Public Works at (206) 433-0179 for a Public Works (PW) type 'C' permit for approval. A Street Use will be part of this permit and require bonding, insurance, and a Hold Harmless Agreement for work within the Public Right -of -Way. (Phase I, Phase II) 12. Minimum clear access road width is 20 feet. Fire lane marking/stenciling will be required as necessary to ensure width is maintained. (Phase I , Phase II) 13. Submit a current water availability letter from Water District 125. (Phase I, Phase II) The following shall be addressed as part of the Demolition Permit(s): 1. Existing structures shall be demolished prior to final approval, unless a bond for demolition of the structures is submitted to and approved by the Director of the Department of Community Development. (Phase II) 2. The applicant shall apply to the Puget Sound Clean Air Agency for PSAPCA permits for demolition of existing structures. (Phase II) 3. Per Dana Dick of Valley View Sewer District, capping permits will be required with demolition of any of the existing buildings, and a developer extension will likely be required as part of the process to provide sewers to the development. (Phase II) The following shall be addressed prior to final approval of the subdivision plat: 1. Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" shall be modified to reference BAR approval, and to include joint maintenance agreements for access road, utilities, and landscaping areas. Also, the legal descriptions under Exhibit A of the codes, covenants, and restrictions shall be added to the document, and reviewed administratively. Easements and the codes, covenants, and restrictions shall be recorded prior to final subdivision approval. (Phase I, Phase II) 2. Separate easement documents and maintenance agreements for any common infrastructure (utility lines, access roads/driveways) shall be submitted for review and approval by the Public Works Director. (Phase I, Phase II) 3. Submit a set of recording documents in either legal or record of survey format that meet the King County Recorder's requirements and contain the following items: a) A survey map as described in the application checklist that is consistent with all of the conditions of approval. The surveyor's original signature must be on the face of the plat. b) Separate easement document with legal descriptions for any common access/utility infrastructure. Type 4 Permit JR Page 3 of 5 03/26/2012 H:\Design Review\Osterly Townhomes\Preliminary Subdivision\NOD_L08-079_Preliminary Plat Approval_Osterly Park_3-22-12.doc 27 c) Separate joint Maintenance Agreements for the access road, drainage system, and landscaping areas. d) Add Tukwila land use file number L08-079 for the subdivision application to all sheets of the survey. e) Include Existing Conditions Survey as Sheet 5 of 5 of the survey sheets. f) Add a vicinity map to the survey. g) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also add legal descriptions for each of the tracts. h) The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat. (Phase I, Phase II) The following shall be addressed as part of the Building Permits: 1. Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). (Phase I, Phase II) 2. Buildings will be required to meet fire flow requirements per the International Fire Code. (Phase I, Phase II) 3. Adequate ground ladder access area of 15 feet minimum depth to be provided for 2nd and 3rd story bedroom rescue windows. (Phase I, Phase II) III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 4 decision pursuant to Tukwila Municipal Code 18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the Hearing Examiner of the Planning Commission Decision is permitted. No administrative appeal of a DNS or an EIS is permitted. If an MDNS was issued, any person wishing to challenge either the conditions which were imposed by the MDNS decision or the failure of the Department to impose additional conditions in the MDNS must raise such issues as part of the appeal. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Planning Commission decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision; that is, by April 9, 2012. The requirements for such appeals are set forth in Tukwila Municipal Code18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 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. 3. A statement identifying the decision being appealed and the alleged errors in the decision. Type 4 Permit JR Page 4 of 5 03/26/2012 H:\Design Review\Osterly Townhomes\Preliminary Subdivision\NOD_L08-079_Preliminary Plat Approval_Osterly Park_3-22-12.doc 28 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition all hearing examiner costs will be passed through to the appellant. V. APPEAL HEARINGS PROCESS The Hearing Examiner appeal shall be conducted as a closed record hearing based on the testimony and documentary evidence presented at the open record hearing conducted by the Planning Commission. The Hearing Examiner decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION 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 Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Jaimie Reavis, who may be contacted at 206-431-3659 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. le--11/14/1/14.- Jaimi - f eavis, Assistant Planner Department of Community Development City of Tukwila Type 4 Pemrit JR Page 5 of 5 03/26/2012 H:\Design Review\Osterly Townhomes\Preliminary Subdivision\NOD_L08-079_Preliminary Plat Approval_Osterly Park 3-22-12.doc 29 City of Tukwila .Jim Haggerton, Mayor Department of Community Development Jack Pace, Director STAFF REPORT TO THE BOARD OF ARCHITECTURAL REVIEW DEPARTMENT OF COMMUNITY DEVELOPMENT Prepared March 12, 2012 HEARING DATE: STAFF CONTACT: NOTIFICATION: FILE NUMBERS: ASSOCIATED FILES: APPLICANT: REQUEST: March 22, 2012 Jaimie Reavis, Assistant Planner • Notice of Application posted on site and mailed to surrounding properties and agencies with jurisdiction on February 14, 2012. • Notice of Public Hearing published in the Seattle Times, posted on site, and mailed to surrounding properties and agencies with jurisdiction March 8, 2012. L08-079 Preliminary Subdivision L12-005 Design Review Major Modification E08-022 SEPA/Environmental Review C09-014 Traffic Concurrency Certificate L08-076 Design Review L08-077 Comprehensive Plan Amendment L09-002 Rezone PRE08-011 Pre -Application Meeting Mike Overbeck Request to amend the condition of approval of the original preliminary - approved subdivision and design review to allow phased development of a 31 -unit townhome development. The original decision was issued in November 2009. At this time the applicant is proposing 8 units as part of Phase I; the remaining 23 units would be Phase II. The new phased approach includes a temporary recreation space proposed as part of Phase I that was not reviewed as part of the original design review. LOCATION: 14420 34th Ave S (parcel #0040000087) 14422 34th Ave S (parcel #6391100000) 14424 34th Ave S (parcel #6391110000) 6433610240 14426 34th Ave S (parcel #0040000083) 3421 S 144th St (parcel #0040000088) 3429 S 144th St (parcel #0040000094) JR Page 1 of 18 03/15/2012 H:\Design Review\Osterly Townhomes\Major Modification L 12-005 PL 12-004\L 12-005 L08-079 PL I2-004 Osterly Major Modification SR.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206- 431-3665 31 COMPREHENSIVE PLAN DESIGNATION/ ZONING DISTRICTS: High Density Residential (HDR) SEPA COMPLIANCE: The City of Tukwila, as the lead agency for this project, issued a Determination of Non -Significance for this project on October 28, 2009. PUBLIC COMMENTS No comments were received during the Notice of Application for the Design Review Major Modification application. RECOMMENDATIONS: L08-079 Preliminary Subdivision Staff recommends approval with conditions of the Preliminary Subdivision application. L12-005 Design Review Major Modification Staff recommends approval with conditions of the design review major modification. ATTACHMENTS: A. Applicant's request B. Letter from Water District 125 C. Staff Report to the Board of Architectural Review dated November 2, 2009 along with the original approved plan sheets: Site Plan (Sheet Al); Building "B" Elevations/Floorplans (Sheet A3); Landscaping Plans (Sheets L-1 and L-2); Survey (Sheet 3 of 4) D. New Plan Sheets a. Site Plan (Sheet Al) b. Landscaping Plans (Sheets L-1 and L-2), c. Survey (Sheets 1-3; Existing Conditions Survey) JR Page 2 of 18 03/15/2012 32 H:\Design Review\Osterly Townhames\Major Modification_L12-005_PL 12-004\L12-005_L08-079_PL 12-004_Osterly Major Modification SR.doc Phase 1 (clashed a JR Page.3 of '18 03/15/201.2 H:\Desipn Review\Osterly Townhomes\Major Modification L12-005 PL12-004\L12-005 L08-079 PL12-004 OsterIv Mayor Modification SRdoc 6300 Southcenter Boulevard. Suite #l00 • Tukwila, Washingioia 98188 • Phone 206-431-3670 • Fctr: 206- 431-3665 33 FINDINGS PROJECT DESCRIPTION Mr. Mike Overbeck received design review and preliminary subdivision approval in November 2009 for the Osterly Park Townhomes, a project to develop an approximately 1.7 -acre site with 31 townhouse units along with the required landscaping, guest parking, utilities, access, recreation areas, and frontage improvements. The Osterly Park Townhomes project was the first townhouse project to receive approval following the March 2008 adoption of Ordinance 2199 by the Tukwila City Council. Ordinance 2199 allows development of zero lot line and fee simple townhouses. Since obtaining the original Board of Architectural Review (BAR) approval for the Osterly Park Townhomes project, Mr. Overbeck has applied for Public Works permit for installation of project infrastructure, a demolition permit to remove the single family home located at 14426 34th Ave S, and a building permit for construction of the first townhome unit (which has since expired). Criteria for design review and preliminary subdivision approval have not changed since the original approval for this project was granted by the BAR in November 2009. Please refer to Attachment C for staff review and recommendations of the original design review and preliminary subdivision applications. One of the conditions of approval of the preliminary subdivision application was the following: "All utilities for the project, private access road and sidewalks, and the recreation area located on the west and north sides of the private access road (including children's play equipment), shall be completed as part of the Public Works construction permit." Due to the cost of construction of project infrastructure and the applicant's needs for financing the project, Mr. Overbeck is requesting approval to allow phased construction of the access road, utilities, and recreation space along with the first 8 dwelling units in the project. This portion of the project would be constructed first as Phase I starting in 2012, followed by construction of the remainder of the development as part of Phase II. One of the phasing criteria is that each phase of the project must be able to stand on its own; one phase cannot rely on a future phase to meet code requirements. The new proposed phasing involving construction of a portion of the infrastructure and a temporary recreation space represents a major modification to the approved design review if Phase I were to stand on its own. Therefore, Mr. Overbeck's request involves a major modification to the design of the project for Phase I, an amendment to the preliminary subdivision approval, and review of the project according to phasing criteria. VICINITY/SITE DESCRIPTION Site Description The project site is located on the south side of S 144th Street between Tukwila International Blvd and Military Rd South. Six existing tax parcels make up the project site (see the Existing Conditions Survey in Attachment D). Access to the site will be from driveways located off S 144th Street and 34th Ave. S. A JR Page 4 of 18 03/15/2012 H:\Design Review\Osterly Townhomes\Major Modification_L12-005_PL12-004\L12-005_L08-079_PL12-004_Osterly Major Modification SR.doc 35 private road constructed off S. 144th St. will serve the eight units proposed as part of Phase I; this private road will continue and turn to the west to serve the remaining 23 units proposed as Phase II. The site is within close proximity to many neighborhood destinations, including grocery stores, schools, and parks. Existing Development Two of the existing parcels included in the project (parcels 004000-0088 and 004000-0094) have a combined frontage on S 144th Street of approximately 133 feet. These parcels were formerly developed with single-family homes constructed in the 1940s which have been demolished in the past five years. One of these homes, located on parcel number 0040-000088, was an ongoing City of Tukwila code enforcement problem, and was demolished in 2009 to resolve King County Health violations. Two other parcels included in the project site have a combined frontage of approximately 158 feet along 34th Ave S (parcels 0040-000087 and 0040-000083). Of these two parcels, the parcel located on the south (parcel 0040-000083) has two single-family dwelling units that are proposed to be demolished as part of this project; one of the units was constructed in the 1940s and the other one is a mobile home. The northernmost parcel along 34th Ave S (parcel 0040-000087), and two parcels to the east (parcels 6391- 100005 and 6391-110005) are developed with three two-story condominium buildings containing four dwelling units each which will be demolished as part of the project. Surrounding Land Uses The Osterly Park Townhouse development site is located within the High Density Residential (HDR) zoning district, which allows for up to 22 dwelling units per net acre. The HDR zone is intended to provide a high-density, multiple -family district which is also compatible with commercial and office areas. The project site is adjacent to multifamily development on parcels located directly to the east and to the south, which are also zoned HDR. The parcel directly to the east is developed as a large apartment complex (the La Roche apartments). Farther to the east, approaching Tukwila International Blvd, there is an area of neighborhood retail development including grocery and drug stores, and a variety of other small shops. To the south of the site is another large apartment complex (the Park Avenue Apartments). The three other parcels which border the project site on its south side are developed with smaller apartment complexes, including one duplex and two 4 -unit complexes. The three parcels to the west of the entrance to the site off S 144th Street are zoned Medium Density Residential (MDR), and are developed with one single family home on each parcel. Farther west, across 34th Ave S the area south of S 144th Street is zoned Neighborhood Commercial Center (NCC), and is developed with single family homes and small-scale commercial development. Businesses located in these homes and commercial developments include a salon, a dentist office, a restaurant, and a small grocery store. On the north side of S 144th Street, the area is zoned HDR and is developed with a large apartment complex (the Samara 1), with a single family home to the west of Samara 1, and the Cascade View community Park on the east side of the Samara 1. West of 34th Ave S, the north side of S 144th Street is zoned MDR and contains multi -family development. JR Page 5 of 18 03/15/2012 36 H:\Design Review\Osterly Townhomes\Major Modification_LI2-005_PL12-0041L12.005_L08-079_PL12-004_Osterly Major Modification SR.doc Topography Topography at the site is currently relatively flat. The topography is proposed to remain relatively flat after proposed development; the northern portion of the site will be all at one grade, and there will be a gradual slope down from the western side of the site to the eastern area of the site. Vegetation Vegetation on the project site currently consists of shrubs, blackberries, and several mature trees. Existing trees on the site include Hemlock, Cedar, and Fir trees on the north portion of the site, and Cherry, Maple, Fir, Ash, and Locust trees on the southern portion of the site. Most of the existing trees are located in areas where the access drive, townhouse buildings, or utility lines are proposed. There is an opportunity to retain one Cedar and one Hemlock located at the northwestern corner of the site, and an Ash clump located in the southeastern corner of the site. These trees shall be retained unless there is a conflict with the location of proposed utilities or fences. Access There will be two access points to the development from public streets. These include 34th Ave S and S 144th Street. Proposed access to Phase I is from the driveway off S 144th Street; the driveway off 34th Ave S will be added as part of Phase II to complete an L-shaped through -street within the development. REVIEW PROCESS The Osterly Park Townhomes project will subdivide six existing parcels into 31 unit lots, with an access and utility tract and recreation tracts. Any land being divided into ten or more unit lots shall receive preliminary plat approval by the Tukwila Planning Commission as a Type 4 decision according to the provisions of 18.108.040. Townhouse development in Tukwila is restricted to the Medium Density Residential (MDR) and High Density Residential (HDR) zoning districts. According to 18.14.060, design review by the Board of Architectural Review is required for all multi -family structures over 1,500 square feet in size. Design review criteria for townhouse development are contained in the Townhouse Design Manual, which is available online at http://vvvyvy.ci.tukwiIa.wa.us'dcd/dcdplan.html. Once a townhouse project receives preliminary subdivision and design review approval by the Planning Commission/Board of Architectural Review, the applicant must apply for a Public Works permit for construction of project infrastructure. Prior to receiving final approval, the developer of townhouse units may also apply for building permits to construct dwelling foundations. The project must receive final approval from the Tukwila City Council prior to construction of the dwelling units beyond the foundations. REPORT ORGANIZATION This staff report has been divided into two sections. The first section covers the Design Review Major Modification; the second covers the amendment to the Subdivision Preliminary Plat including a review of the phasing criteria of 17.14.040. Staff's conclusions and recommendations follow each section. JR Page 6 of 18 03/15/2012 H:\Design Review\Osterly Townhomes\Major Modification_L 12-005_PL 12-004\.12-005_L08-079_PL 12-004_Osterly Major Modification SR.doc 37 SECTION ONE - DESIGN REVIEW MAJOR MODIFICATION DECISION CRITERIA - DESIGN REVIEW The Osterly Park. Townhomes project is subject to design review under 18.14.060 requiring all multi -family structures to receive design review approval. Per TMC 18.60.050 (C), townhouse development is subject to the design criteria contained in the Townhouse Design Manual. The project is proposed to be constructed as originally approved, with development broken up into two separate phases. Phasing criteria of TMC 17.14.040 require that a project be reviewed to ensure that each phase meets all pertinent development standards on its own in case subsequent phases are not able to be constructed. The following is a discussion of the changes to the design of the project proposed during Phase I, in relation to applicable architectural review criteria. The applicable architectural review criteria for townhouse development are contained in Tukwila's Townhouse Design Manual; available online at http://w\wwVc.tuk vilativa.2ov/ded/dcd )Ian.html. I. SITE PLANNING Circulation (Pedestrian and Vehicular) Both phases include a comprehensive system of sidewalks which link the recreation areas and the entrances to all buildings within the project to the 5 -foot wide sidewalks on both sides of the private access road. Sidewalks along the private access road connect to the 6 -foot wide sidewalks along S 144th Street. A 5 -foot wide sidewalk segment has been added to the southern part of the site for Phase I, to connect sidewalks on the east and west sides of the private access road to the Phase I recreation space located at the southwestern corner of Phase I. If Phase II does not occur, 10 feet of Type I rear yard perimeter landscaping is required along the south property line. Staff recommends as a condition of approval of this application that plans be revised as part of the Public Works permit to add rear yard landscaping on the south side of the new Phase I sidewalk shown along the south property line per landscaping requirements in the HDR zoning district. There are two access points to the site for vehicles for the completed project; one from S 144th Street and another from 34th Ave S. These two driveways allow through -movement from 34th Ave S to S 144th Street. If Phase II does not occur, the only vehicle access to the project site will be from S. 144th Street. The shared garage access areas provide room for vehicle maneuvering into and out of the private road. The resulting cul-de-sac, if Phase I were to stand on its own without construction of Phase II, would be low volume to allow multiple use for street oriented social/recreation areas, consistent with circulation guidelines in the Townhouse Design Manual. Parking Tukwila parking requirements contained in TMC 18.56.065 require two off-street parking spaces for each dwelling unit which contains up to three bedrooms. Parking for residents of the Osterly Park Townhomes project will be within the attached two -car garage for each unit. These garages are accessed from shared garage access areas located off the private access road to minimize conflicts between autos and pedestrians and to better screen garage areas from view. JR Page 7 of 18 03/15/2012 38 H:\Design Review \OsterlyTownhomes \Major Modifcation_L12-005_PL12-004\L12-005_1.08-079_PL12-004_Osterly Major Modification SR.doc The continuation of the private access drive as part of Phase II includes twelve on -street guest parking spaces on the south side of the site. The design of Phase I does not currently include guest parking. Shared garage access areas provide enough space for maneuvering into and out of the garages for each townhome unit, but there is no additional space in these areas for guest parking and the Codes, Covenants, and Restrictions for the development prohibit any parking in these areas to maintain garage access for residents. The width of the private access drive for Phase I is 20 feet, which is not wide enough to allow on -street parking while at the same time maintaining enough width for emergency vehicle access. Additionally, on -street parking is not permitted on S. 144th Street in the vicinity of the Osterly Park Townhomes project. Staff recommends a condition of approval be added to require the addition of a minimum of two guest parking spaces, to be located at the south end of Phase I. Staff recommends the design of these spaces be reviewed as part of the Public Works construction permit for Phase I. These spaces will then be removed and the private access drive extended to provide the guest parking spaces originally designed for the project at such time as Phase II is constructed. Crime Prevention The design of this project incorporates several elements to reduce opportunities for crime. If Phase II were not to be constructed, the decorative fence along both S 144th Street would still be constructed as originally proposed, located approximately 5 feet back from the public sidewalk along S 144th Street. This fence provides both a symbolic and a physical barrier between the project site and the public street from which access is provided to the development. The fence is open, allowing surveillance of the street from street -facing units. Additionally, a low wooden fence will be used to separate the public realm from the private front yard areas of the units facing S 144th St. A 6 -foot high perimeter wood fence is proposed along the side property lines of the entire development. If Phase II is not constructed, staff recommends a condition of approval to require a wood fence be constructed around the sides and rear perimeter of property included as part of Phase I to separate the site from adjacent properties. Similar to a fence around the back yard area of a single-family home, this will help residents maintain surveillance of and limit access to private common areas of the site, including the recreation space and guest parking area. The recreation area proposed for Phase I is designed to be temporary until Phase II proceeds and the recreation spaces originally approved can be constructed. However, there will be a need for lighting for safety and surveillance of the recreation area, guest parking area, and mailbox cluster of Phase I until such time as Phase II is constructed. Staff recommends a condition of approval to require that lighting be added to the Phase I recreation space, guest parking area, and cluster mailbox location to support enhanced safety and surveillance of these areas. Staff recommends this change to the lighting design be made as part of the Public Works construction permit for Phase I, and reviewed administratively according to lighting level requirements contained in TMC section 18.52.065, the Tukwila Infrastructure Design and Construction Standards, and recommendations from the Tukwila Police Department. II. BUILDING DESIGN There are no changes proposed to the building design. However, if Phase II does not occur, the only building type included with this project will be building type B (see elevations in Attachment JR Page 8 of 18 03/15/2012 H:\Design Review\Osterly Townhomes\Major Modification_L12-005_PL12-004\L12-005_L08-079_PL12-004_Osterly Major Modification SR.doc 39 C). The use of different color schemes for each of the four buildings as originally proposed will help provide visual variety to Phase I. III. LANDSCAPE/SITE TREATMENT Landscape Design and Design for Screening and Separation The current design for Phase I does not include perimeter landscaping at the rear property line where the private access road will continue to the south and west as part of Phase II. Rear yard landscaping must be added to Phase I to meet one of the phasing criteria of TMC 17.14.040, which requires that any one phase cannot rely on future phases for meeting any City codes. Staff recommends, as a condition of approval, that the applicant be allowed to submit a revised landscape plan as part of the Public Works construction permit in conformance with this requirement. This may require an adjustment to the subdivision survey for Phase I; the review of which can be done as part of the application for Final Subdivision Approval. Outdoor Space Design The temporary outdoor recreation space proposed for Phase I is 1,622 square feet, which exceeds the minimum amount of common open space required per 18.52.060 for 8 dwelling units. This temporary Phase I recreation space is slightly larger than the approximately 1,400 square foot recreation space on the south side of the private access drive that is part of Phase II, and the design is similar with its inclusion of lawn area and picnic tables. Townhome developments with 10 or more units must provide an on-site recreation space for children with at least one area designed for children aged 5-12, per TMC 18.52.060. Therefore, the requirement to construct a play area designed for children is not applicable until Phase II of the project. IV. MISCELLANEOUS STRUCTURES / STREET FURNITURE Lighting Mr. Overbeck submitted a lighting plan reviewed as part of the original design review application which showed lighting levels that would be very bright, and submitted a revised lighting plan as part of a Public Works permit. The lighting levels shown on the revised lighting plan were more appropriate for a residential development than the original lighting levels proposed. As a condition of approval of the current Major Modification application, the lighting plan submitted with the Public Works permit shall be revised to provide lighting, using the same fixtures approved in the original design review, to the Phase I recreation space, guest parking area, and cluster mailbox location to support enhanced safety and surveillance of these areas. Staff recommends this change to the lighting design be made as part of the Public Works construction permit for Phase I, and reviewed administratively according to lighting level requirements contained in TMC section 18.52.065, the Tukwila Infrastructure Design and Construction Standards, and recommendations from the Tukwila Police Department. Service Areas The location and type of mailboxes to serve the units in this project has been reviewed by the postmaster. The location of the cluster mailbox structure for the development approved by the postmaster and the original design review will be located on the south side of the private access JR Page 9 of 18 03/15/2012 40 H:\Design Review\Osterly Townhomes\Major Modification_L12-005_PLI2-004\L12-005_L08-079_PL12-004_Osterly Major Modification SR.doc drive; adjacent to 34th' Ave S. A new location for a mailbox cluster for Phase I will need to be identified by the postmaster. Staff recommends a condition of approval to allow the location of the mailbox cluster to be determined by the postmaster, and coordinated with the site design as part of the Public Works infrastructure permit. Additionally, the mailbox structure for Phase I shall be the same as the design approved in the original design review. Street Furniture The Phase I recreation space includes two picnic tables. The original design review required that the picnic table in the recreation area located on the south side of the private access drive be consistent with the architectural design of the project. Similarly, as a condition of approval of this Major Modification application, staff recommends that the picnic tables proposed for the Phase I recreation area be consistent in design, materials and colors as the architectural design of the Osterly Park Townhouse development. CONCLUSIONS - DESIGN REVIEW 1. Site Planning Pedestrian and vehicle circulation are accommodated in the design of Phase I of the Osterly Park Townhomes project. The location of the new sidewalk segment along the south property line does not leave enough room for required 10 -foot wide, Type 1 rear yard landscaping. Staff recommends as a condition of approval of this Major Modification application that plans be revised as part of the Public Works permit to add rear yard landscaping on the south side of the new Phase I sidewalk per landscaping requirements in the HDR zoning district. The existing Phase I design does not include guest parking spaces; guest parking for the project is included in Phase II. There is no room for parking outside of the garages for each unit; the narrow width of the private access drive for Phase I of the Osterly Park Townhomes must remain clear of parked cars to maintain emergency access; and there is no on -street parking allowed on S. 144th Street. Staff recommends a condition of approval be added to require the addition of a minimum of two guest parking spaces, to be located at the south end of Phase I. Staff recommends the design of these spaces be reviewed as part of the Public Works construction permit for Phase I. These spaces will then be removed and the private access drive extended to provide the guest parking spaces originally designed for the project at such time as Phase II is constructed. The project will include a hierarchy of different types of barriers, including landscaping and fences, to separate public areas from private areas. A 6 -foot high perimeter wood fence is proposed along the side property lines of the development for the entire project. If Phase II is not constructed, staff recommends a condition of approval to require that a wood perimeter fence be constructed around the sides and rear of Phase I. The recreation space, recommended guest parking area, and mailbox cluster location for Phase I were not included in the original design review approval. Until such time as Phase II is constructed, these areas will require lighting for safety and surveillance. Staff recommends a condition of approval of the current Major Modification application to require that lighting be added to the Phase I recreation space, guest parking area, and cluster mailbox location to support enhanced safety and surveillance of these areas. Staff recommends this change to the lighting JR Page 10 of 18 03/15/2012 H:\Design Review\Osterly Townhomcs\Major Modification_L12-005_PL 12-004\L12-005_L08-079_PL12-004_Osterly Major Modification SR.doc 41 design be made as part of the Public Works construction permit for Phase I, and reviewed administratively according to lighting level requirements contained in TMC section 18.52.065, the Tukwila Infrastructure Design and Construction Standards, and recommendations from the Tukwila Police Department. 2. Building Design There are no changes proposed to the building design. However, if Phase II does not occur, the only building type included with this project will be building type B. The use of different color schemes for each of the four buildings as originally proposed will help provide visual variety to Phase I. 3. Landscape and Site Treatment The landscape design for Phase I is the same as originally approved in the design review application. However, rear yard landscaping must be added to Phase I to meet one of the phasing criteria of TMC 17.14.040, which requires that any one phase cannot rely on future phases for meeting any City codes. Staff recommends, as a condition of approval, that the applicant be allowed to submit a revised landscape plan as part of the Public Works construction permit in conformance with this requirement. This may require an adjustment to the subdivision survey for Phase I which can be made as part of the application for Final Subdivision Approval. 4. Miscellaneous Structures and Street Furniture Lighting for Phase I will be the same as originally approved, with the exception of Phase I recreation area, guest parking area, and mailbox cluster location; areas which were not reviewed as part of the original application and for which lighting has not been included in the current application. Staff recommends as a condition of approval light fixtures used shall be consistent with those approved as part of the original design review. The mailbox cluster location for the Osterly Park Townhomes project was approved by the postmaster. Because the approved location is within Phase II, the postmaster must identify a location for Phase I which can be used until such time as Phase II is constructed. Staff recommends a condition of approval to allow the location of the mailbox be coordinated with the postmaster and the site design as part of the Public Works infrastructure permit. Additionally, staff recommends the mailbox structure for Phase I shall be the same as the design approved in the original design review. The Phase I recreation space includes two picnic tables. The original design review required that the picnic table in the recreation area located on the south side of the private access drive be consistent with the architectural design of the project. Similarly, as a condition of approval of this Major Modification application, staff recommends that the picnic tables proposed for the Phase I recreation area be consistent in design, materials and colors as the architectural design of the Osterly Park Townhouse development. RECOMMENDATIONS - DESIGN REVIEW Staff recommends approval of the major modification to the design of the Osterly Park Townhome project, subject to the following conditions which apply to Phase I. The original conditions of the design review approval are listed in the section following the new conditions, with the project phase to which each condition applies indicated in parentheses. JR Page 11 of 18 03/15/2012 42 H:\Design Review\Osterly Townhomes\Major Modification_L12-005_PLI2-004\L I2-005_L08-079_PL12-004_Osterly Major Modification SR.doc NEW APPROVAL CONDITIONS 1. Plans shall be revised as part of the Public Works permit to add rear yard landscaping on the south side of the new Phase I sidewalk shown along the south property line per landscaping requirements in the HDR zoning district and in conformance with the phasing criteria of 17.14.040. 2. A minimum of two guest parking spaces shall be added to Phase I, to be located at the south side of the site, to be removed at such time as the private access drive is extended as part of Phase II. Staff recommends the design of these spaces be reviewed as part of the Public Works construction permit for Phase I. 3. If Phase II is not constructed, a perimeter fence constructed of wood shall be constructed around the sides and rear of Phase I property. 4. Lighting shall be added t o the Phase I recreation space, guest parking area, and cluster mailbox location to support enhanced safety and surveillance of these areas. This change to the lighting design be made as part of the Public Works construction permit for Phase I, and reviewed administratively according to lighting level requirements contained in TMC section 18.52.065, the Tukwila Infrastructure Design and Construction Standards, and recommendations from the Tukwila Police Department. The light fixtures shall be consistent with those approved as part of the original design review. 5. A mailbox cluster location shall be determined by the postmaster, and shall be coordinated with the site design as part of the Public Works infrastructure permit. The mailbox structure for Phase I shall be the same as the design approved in the original design review. 6. The picnic tables proposed for the Phase I recreation area shall be consistent in design, materials and colors as the architectural design of the Osterly Park Townhouse development. ORIGINAL APPROVAL CONDITIONS 1. Existing trees, including an 8" diameter Cedar and a 7" diameter Hemlock located on the north portion of the site (on tax lot 004000-0088), and an Ash clump located in the southeastern corner of the site (on tax lot 004000-0094) shall be retained unless there is conflict with location of proposed utilities. (Phase I) 2. A revised lighting plan shall be submitted as part of the Public Works construction permit showing lighting levels to meet City requirements. (Phase I, Phase II) 3. The material used in areas shown as having patterned pavement shall be submitted as part of the Public Works construction permit, and reviewed administratively by the Community Development Director. (Phase II) 4. A sign permit shall be obtained for any signs at the entrance to the project, and shall be reviewed for compliance with the Tukwila Sign Code and for consistency with the architectural style of the development. (Phase I, Phase II) 5. Screen individual meters, electrical boxes and similar equipment necessary for project infrastructure. This screening shall be reviewed and approved administratively as part of the review of the Public Works construction permit. (Phase I, Phase II) JR Page 12 of 18 03/15/2012 H:\Design Review\Osterly Townhomes\Major Modifcation_L12-005_PL12-004\L12-005_L08-079_PL12-004_Osterly Major Modification SR.doc 43 SECTION TWO — SUBDIVISION PRELIMINARY PLAT APPLICATION REVIEW PROCESS — SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT APPROVAL There are three basic steps in the subdivision approval process: 1. Preliminary Approval Any land being divided into ten or more unit lots shall receive preliminary plat approval by the Tukwila Planning Commission as a Type 4 decision according to the provisions of 18.108.040. Criteria for Preliminary Plat Approval are contained in section 17.14.020(D). The application was reviewed by the Tukwila Short Subdivision Committee, and staff's response to each of the criteria for preliminary plat approval and recommended conditions of approval are included below. Once a townhouse project receives preliminary subdivision and design review approval by the Planning Commission/Board of Architectural Review, the applicant must apply for a Public Works permit for construction of project infrastructure. Prior to receiving final approval, the developer of townhouse units may also apply for building permits to construct dwelling foundations. The project must receive final approval from the Tukwila City Council prior to construction beyond dwelling foundations. 2. Final Approval After construction of project infrastructure and compliance with conditions of preliminary approval, the applicant must apply to receive final approval for the subdivision plat. The final approval decision on a subdivision plat is made by the Tukwila City Council. Before the final plat is submitted to the City Council, it shall be signed by the Tukwila Finance Director, Director of Public Works, and the Director of the Department of Community Development. If the applicant plans to build homes on Phase I, the eight lot plat shall require final plat approval by Tukwila City Council before the lots can be sold. If Phase II is constructed within five years of preliminary approval then a separate final plat approval by Tukwila City Council shall be required after the infrastructure for Phase II is constructed. However if Phase II is not constructed before the expiration of preliminary approval, a new preliminary approval by the Planning Commission shall be required. 3. Recording Upon approval by the City Council, the subdivision plat shall be signed by the Mayor and attested by the City Clerk. It is the applicant's responsibility to record the City -approved final subdivision plat documents with the King County Department of Records. The applicant will need to pay the recording fees and submit the approved original final subdivision plat to King County. The final subdivision plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. The approved final subdivision plat must be filed with the King County Department of Records five years from the date of this preliminary approval or the application will expire. The Planning Commission may grant a single one year extension. DECISION CRITERIA — SUBDIVISION PRELIMINARY PLAT APPROVAL -PHASING The discussion of project consistency with criteria for preliminary plat approval is contained in the staff report for the original Preliminary Subdivision application (see Attachment C). No changes are proposed to the original subdivision. Phased development of the Osterly Park Townhomes project is proposed, JR Page 13 of 18 03/15/2012 44 H:\Design Review\Osterly Townhames\Major Modification_L12-005_PL12-004\L12-005_L08-079_PLI2-004_Osterly Major Modification SR.doc which must meet the Phasing criteria contained in TMC section 17.14.040. The criteria are listed below in italics, followed by staff discussion of the criteria as they relate to the Osterly Park Townhomes project. Original conditions of approval of the Subdivision Preliminary Plat will be combined with any additional conditions of approval added by the Board of Architectural Review in a new Notice of Decision issued for this project. 17.14.040 Phasing The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. Proposed project phasing consists of two phases which include all land contained within the preliminary plat, as well as frontage improvements along 34th Ave S. Sheet 3 of 3 of the Phase I subdivision survey shows how the entire tax parcel 004000-0088 and a portion of tax parcel 004000-0094 will be subdivided into 8 unit lots, Tract A (for ingress, egress and utilities), and Tract D (recreation space for Phase I). Sheet 2 of 3 of the Phase I subdivision survey shows how the remaining area of tax parcel 004000-0094 (shown as Lot 100 on Survey Sheet 2 of 3 in Attachment D), will become a new lot until such time as it is subdivided as part of Phase II. Phase II includes the remaining area of tax parcel 004000-0094 along with tax parcels 004000- 0083, 6391110000 6433610240, 639110-0000, and 004000-0087. In case Phase II does not occur, staff recommends a condition of approval to require legal access to the remaining area of tax parcel 004000-0094 be provided through an easement, or alternatively, by combining the remaining area of tax parcel 004000-0094 with tax parcel 004000-0083. Staff recommends review of legal access to the remaining area of tax parcel 004000-0094 be included in the review of the Public Works permit for Phase I. 2. The sequence and timing of development is identified on a map. The sequence of project development is shown on the phasing plan (see Site Plan Sheet Al in Attachment D). Phase I is planned to be constructed following BAR approval and approval of the Public Works infrastructure permit. Phase II is planned for construction following final subdivision approval of Phase I and once construction of the townhomes in Phase I has started. The final plat for both phases shall be recorded within 5 years of the date of preliminary subdivision approval, per RCW 58.17.140, unless an extension is requested by the applicant and granted by the City of Tukwila. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. Phase I meets all pertinent development standards on its own, with the exception of meeting the required rear yard landscaping requirements. Ten feet of Type 1 landscaping is required along the southern property line of Phase I until such time as Phase II is constructed. Staff recommends a new condition of approval of the preliminary subdivision to require that plans for Phase I be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line. JR Page 14 of 18 03/15/2012 H:\Design Review\Osterly Townhomes \Major Modification_L12-005_PLI2-0041L12-005_L08-079_PL12-004_Osterly Major Modification SR.doc 45 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. The design of Phase I will provide adequate circulation for both automobiles and pedestrians. Each townhouse unit contains an attached 2 -car garage. There is no space designed as part of Phase I to include guest parking; all guest parking is included as part of Phase II. There is no parking allowed in the shared garage access area to maintain garage access for residents, and there is no on -street parking allowed on the 20 -foot wide private street serving Phase I of Osterly Park Townhomes or the public right-of-way of S. 144th Street. In order to maintain adequate vehicle circulation and emergency vehicle access, staff recommends a condition of approval to require a minimum of two guest parking spaces be added to Phase I. These spaces can be added to the south side of the site, and shall be removed at such time as the private access drive is extended as part of Phase II. The addition of the guest parking spaces and the rear yard landscaping may require revisions to the lot or tract layout as shown in the preliminary subdivision survey. Staff recommends the design of these spaces and any necessary changes to the survey be reviewed as part of the Public Works construction permit for Phase I. Plans have been reviewed by the Public Works, Fire, Building, and Planning departments to ensure adequate utilities are included to serve the development proposed as part of Phase I. Sewer, water, and storm drainage infrastructure is adequate to serve Phase I, and is designed so that it can be extended into Phase II of the project. An original condition of approval of the preliminary subdivision was: "Buildings will be required to meet fire flow requirements per the International Fire Code." The previous subdivision approval required that the water line be looped from the main located off 34th Ave S. Per the applicant, installation of the looped water line as part of Phase I will be prohibitively expensive. The Fire and Public Works Departments requested the applicant obtain a written statement from Water District 125 to ensure that the design of the water line proposed for Phase I will meet adequate fire flow requirements for the sprinklered townhome units. Attachment B is a letter from Mark Parsons of Water District 125, which states there is adequate fire flow for the first 8 units without a looped water line; Phase II of the project will require the water line to be looped, consistent with the originally - approved utility design. 5. All phases shall be recorded within the five-year life of the preliminary plat, unless an extension is granted. Construction of Phase I is expected to commence in Spring/Summer of 2012. All phases shall be recorded within five years unless the applicant applies and receives approval for an extension. CONCLUSIONS — PHASING PLAN 1. The phasing plan includes all land for the entire development project to construct 31 townhomes, with associated recreation space, access, utilities, landscaping, and frontage improvements along 34th Ave S. In case Phase II does not occur, staff recommends a condition of approval to require legal access to the remaining area of tax parcel 004000-0094 be provided through an easement, or alternatively, by combining the remaining area of tax parcel 004000-0094 with tax parcel 004000 - JR Page 15 of 18 03/15/2012 46 H:\Design Review\Osterly Townhomes\Major Modification_L12-005_PL12-004\L12-005_L08-079_PL12-004_Osterly Major Modification SR.doc 0083. Staff recommends review of legal access to the remaining area of tax parcel 004000-0094 be included in the review of the Public Works permit for Phase I. 2. The sequence of the development project is included on the Site Plan; Sheet Al (Attachment D). Construction of Phase I is expected to start in Spring/Summer of 2012. All phases shall receive final subdivision approval within 5 years unless an extension is granted. Construction of the individual townhouse units shall meet the time requirements of each structure's building permit. 3. Both Phase I and Phase II meet pertinent development standards on their own, with the exception of rear yard landscaping requirements along the southern boundary of Phase I. Staff recommends a new condition of approval of the preliminary subdivision to require that plans for Phase I be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line. 4. Each phase of the project will include adequate utilities. Phase I does not include any guest parking spaces. There is no parking allowed in the shared garage access areas to maintain garage access for residents, there is no on -street parking allowed on the 20 -foot wide private street serving Phase I of Osterly Park Townhomes, and there is no on -street parking on S. 144th Street. In order to maintain adequate vehicle circulation and emergency vehicle access, staff recommends a condition of approval to require a minimum of two guest parking spaces be added to Phase I. These spaces can be added to the south side of the site, and shall be removed at such time as the private access drive is extended as part of Phase II. The addition of the guest parking spaces and the rear yard landscaping may require revisions to the lot or tract layout as shown in the preliminary subdivision survey. Staff recommends the design of the design of these spaces and any necessary changes to the survey be reviewed as part of the Public Works construction permit for Phase I. RECOMMENDATION — SUBDIVISION PRELIMINARY PLAT APPROVAL Staff recommends approval of an amendment to the Subdivision Preliminary Approval to include the following new conditions of preliminary subdivision approval. The new list of conditions is immediately below, followed by the original list of conditions of the preliminary subdivision approval. A note in parentheses after each condition indicates whether the condition applies to Phase I, Phase II, or both phases of the project. NEW PRELIMINARY APPROVAL CONDITIONS 1. Legal access to the remaining area of tax parcel 004000-0094 shall be provided through an easement, or alternatively, by combining the remaining area of tax parcel 004000-0094 with tax parcel 004000-0083. This shall be included as part of the review of the Public Works permit for Phase I. 2. Plans for Phase I shall be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line. (Phase I) 3. A minimum of two guest parking spaces shall be added to Phase I. These spaces can be added to the south side of the site, and shall be removed at such time as the private access drive is extended as part of Phase II. The addition of the guest parking spaces and the rear yard landscaping may require revisions to the lot or tract layout as shown in the preliminary subdivision survey. Staff recommends the design of these spaces and any necessary changes to the survey be reviewed as part of the Public Works construction permit for Phase I. (Phase I) JR Page 16 of 18 03/15/2012 H:\Design Review\Osterly Townhomes\Major Modification_L12-005_PL12-004\L12-005_L08-079_PLI2-004_Osterly Major Modification SR.doc 47 ORIGINAL PRELIMINARY APPROVAL CONDITIONS The following shall be addressed as part of the Public Works Construction Permit: 1. The applicant shall submit a revised lighting plan to meet recommendations of the Tukwila Police Department, the lighting requirements in TMC section 18.52.065 and the Tukwila Infrastructure Design and Construction Standards. (Phase I, Phase II) 2. All utilities for the project, private access road and sidewalks, and the recreation area located on the west and north sides of the private access road (including children's play equipment), shall be completed as part of the Public Works construction permit. (Phase I utilities, private access road and sidewalks, and recreation area shall be constructed for the first 8 units per plans submitted with the Major Modification application, which shall be revised as part of the Public Works permit for Phase I to accommodate the new conditions of approval added with this Design Review Major Modification and Preliminary Subdivision amendment. Phase II shall include utilities, private access road and sidewalks, and recreation areas as originally approved in November 2009). 3. The applicant shall obtain an NPDES construction permit for this project. (Phase I) 4. A street light mast arm shall be added to the existing wooden pole. (Phase II) 5. Overhead utilities along 34th Ave S shall be moved underground, unless the applicant applies for and obtains a waiver from this requirement from the Public Works Director. The applicant shall submit an estimate for work to underground these utilities with the waiver request. (Phase II) 6. Storm drainage for roof drains, foundation drains, and paved areas shall be infiltrated and/or dispersed on-site, or detention provided. Civil site plans shall be reviewed as part of the PW infrastructure permit. Contact the Tukwila Public Works Department for submittal and design requirements. (Phase I, Phase II) 7. Access road, utilities, undergrounding of power, and extension of sewer and water lines to the unit lots shall be approved by the appropriate departments and/or utility and conform to the Civil Plans dated August 4, 2009. As -built plans shall be provided to the Public Works Department prior to final approval. (Phase II, new civil plans dated February 6, 2012 and revised to accommodate new conditions of approval shall be used for Phase I) 8. Install all required site improvements, including those proposed in the application and those identified above as conditions of approval. You will need to obtain all required permits prior to beginning any construction. For water and sewer permits, contact the individual provider District. For City of Tukwila utilities, contact Tukwila Public Works at (206) 433-0179 for a Public Works (PW) type 'C' permit for approval. A Street Use will be part of this permit and require bonding, insurance, and a Hold Harmless Agreement for work within the Public Right -of -Way. (Phase I, Phase II) 9. Minimum clear access road width is 20 feet. Fire lane marking/stenciling will be required as necessary to ensure width is maintained. (Phase I , Phase II) 10. Submit a current water availability letter from Water District 125. (Phase I, Phase II) The following shall be addressed as part of the Demolition Permit(s): 1. Existing structures shall be demolished prior to final approval, unless a bond for demolition of the structures is submitted to and approved by the Director of the Department of Community Development. (Phase II) 2. The applicant shall apply to the Puget Sound Clean Air Agency for PSAPCA permits for demolition of existing structures. (Phase II) JR Page 17 of 18 03/15/2012 48 H:\Design Review\Osterly Townhomes\Major Modification_L 12-005_PL 12-004\.12-005_L08-079_PL I2-004_Osterly Major Modification SR.doc 3. Per Dana Dick of Valley View Sewer District, capping permits will be required with demolition of any of the existing buildings, and a developer extension will likely be required as part of the process to provide sewers to the development. (Phase II) The following shall be addressed prior to final approval of the subdivision plat: 1. Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" shall be modified to reference BAR approval, and to include joint maintenance agreements for access road, utilities, and landscaping areas. Also, the legal descriptions under Exhibit A of the codes, covenants, and restrictions shall be added to the document, and reviewed administratively. Easements and the codes, covenants, and restrictions shall be recorded prior to final subdivision approval. (Phase I, Phase II) 2. Separate easement documents and maintenance agreements for any common infrastructure (utility lines, access roads/driveways) shall be submitted for review and approval by the Public Works Director. (Phase I, Phase II) 3. Submit a set of recording documents in either legal or record of survey format that meet the King County Recorder's requirements and contain the following items: a) A survey map as described in the application checklist that is consistent with all of the conditions of approval. The surveyor's original signature must be on the face of the plat. b) Separate easement document with legal descriptions for any common access/utility infrastructure. c) Separate joint Maintenance Agreements for the access road, drainage system, and landscaping areas. d) Add Tukwila land use file number L08-079 for the subdivision application to all sheets of the survey. e) Include Existing Conditions Survey as Sheet 5 of 5 of the survey sheets. f) Add a vicinity map to the survey. g) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also add legal descriptions for each of the tracts. h) The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat. (Phase I, Phase II) The following shall be addressed as part of the Building Permits: 1. Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). (Phase I, Phase II) 2. Buildings will be required to meet fire flow requirements per the International Fire Code. (Phase I, Phase II) 3. Adequate ground ladder access area of 15 feet minimum depth to be provided for 2nd and 3rd story bedroom rescue windows. (Phase I, Phase II) JR Page 18 of 18 03/15/2012 H:\Design Review\Osterly Townhomes\Major Modification_L 12-005_PL 12-004\1.12-005_L08-079_PL 12-004_Osterly Major Modification SR.doc 49 CITY OF TUKWILA FILE NO. L14-0066 City of TuawO* D.panmanl N Communlly Development 6366 Southeanler Boulevard, Tukwila. WA98168 TOlephona (206) 4314670 FAX (206) 4314665 DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, TUKWILA APPROVALS PUBLIC WORKS DIRECTORS CERTIFICATE I HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS -OE -WAY, DESIGN OF DRAINAGE SYSTEMS AND OTHER STRUCTURES. KNOW ALL PEOPLE BY THESE PRESENTS, THAT VE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 0017.15. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS '1487 WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE 0960815). KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED. DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSONS) OR ENT1TY101 IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER 1N WITNESS WE HAVE SET OUR HANDS AND SEALS THIS P'1? DAY OF 1TH PARTNERS, 11C, A NEW MEXICO LIMITED UA9LILTY COMPANY ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF __)K,Y\o}___ I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT THIS AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE ANDI VOLUNTARY ACT FOR INSTRUMENT THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT DAMAGE WAIVER SIGNATURE OF NOTARY PUBLIC _8, auk,. PRINTED NAME \es+n,4»d4Wdl.A(-: DATEDQZ_nSO\ ___ MY APPOINTMENT EXPIRES PER IMC 17.04.060 THE FOLLOWING PERSONS OR CORPORATIONS HA2NG AN INTEREST IN THE SUBDMDED LAND WAIVE BY THEM AND THEIR SUCCESSORS ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCDON AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC PROPERTY W1HIN THE SUBDIVISION: 1441H ST, REO PARTNERS, LLC, A NEW ME2CO LIMITED LIABLILTY COMPANY RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 26,,,,,....,, AT M. IN BODE OF AT PACE AT THE REQUEST OF MCR SUPT. OF RECORDS 1 CERTIFY THAT THE SUBDIVIDER HAS COMPLIED WITH ONE OF THE FOLLOWING; A. ALL IMPROVEMENTS HAVE BEEN INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF TUKWILA MUNICIPAL CODE TITLE 17 AND WITH THE PRELIMINARY PLAT APPROVAL, AND THAT ORIGINAL AND REPRODUCIBLE HYLAR OR ELECTRONIC RECORDS IN A FORMAT APPROVED BY PUBLIC WORKS AND MEETING CURRENT PUBLIC WORKS DRAWING STANDARDS FOR ROAD, UTILITY AND DRAINAGE CONSTRUCTION PLANS CERTIFIED BY THE DESIGNING ENGINEER AS BEING 'AS CONSTRUCTED' HAVE BEEN SUBMITTED FOR CITY RECORDS. B. AN AGREEMENT AND BOND OR OTHER FINANCIAL SECURITY HAVE BEEN EXECUTED IN ACCORDANCE WITH SECTION 17,24,030 OF THIS TITLE SUFFICIENT TO ASSURE COMPLETION OF REQUIRED IMPROVEMENTS AND CONSTRUCTION PLANS. EXAMINED AND APPROVED BY THE CITY OF TUKVIL6 DEPARTMENT OF PUBLIC WORKS 661_Cc: DAY OF i ,$C.UAN!, 2DJ6,_ DIRECTOR DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed and aooroved by the DIRECTOR OF COMMUNITY DEVELOPMENT and hereby certified for filing this_ " _ day ofTse`>1K' 204(2_ DIRECTO 4 COMT4UNITY DEVELOPMENT CRY OF TUKWILA TREASURERS CERf1RCAT8 I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS 'j0*IL_ RDAY OF fe4, ,y 201.(1_ CAq FINANO MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS____ DAY OF20 MAYOR CITY CLERK KING COUNTY APPROVALS KNO COUNTY TREASURERS CERTIFICATE I HEREBY CERTIFY THAT ALL PR P 61T TAX -S PRE P3410 THA NERC ARE IVO UELINOUENI SPECIAL 65010080615 018fl)'ttD td 7HI 870150 FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID 1N FULL THIS DAY OF KING COUNTY DEPARTMENT OF ASSESSMENTS __. EXAMINED AND APPROVED THIS - 0.41 OF 20 KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 8040000088 and 004000009s Range 4 East, W,M., in King County, Washington EXISTING LEGAL DESCRIPTIONS PARCEL 1 - TAX LOT 0040000088 THE EAST 65.15 FEET OF LOT 4. BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PACE 31, IN 4I1,10. COUNTY, WASHINGTON: TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. N0. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND 4014005 EASEMENT 05 REC. N0. 20131001001350; SUBJECT TO A PUGET SOUND ENERGY EASEMENT KC REC. N0. 2015129001483; SUBJECT TO AND TOGETHER WIN A WATERLINE EASEMENT KC REC. N0. 20151007001218; SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. NO. 20150924001085. PARCEL 2 - TAX LOT 0040000094 LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; SUBJECT TO AND TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. N0. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND 0013005 EASEMENT KC REC. N0. 20131001001350. SUBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; TOGETHER WITH A PUGET SOUND ENERGY EASEMENT KC REC. N0. 2015129001483. TOGETHER WITH AND SUBJECT TO A WATERLINE EASEMENT KC REC. N0. 20151007001218; SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. N0. 20150924001086. (NOTE EASEMENTS INCLUDED IN NE LEGAL DESCRIPTIONS ABOVE WERE FROM CW 11TLE COMPANY TITLE COMMITMENT N0. FS -40154719. DATED JULY 15. 2015 AT 8:00 AM) LAND SURVEYOR'S CERTIFICATE I, Richard L. Schroeter, registered as a land surveyor by the State of Washington, certify that -this plat is based on an actual s of the e :and described hereln, conducted by n under my supervision; that the distances, courses and angles are shown thereon correctly: and that monuments other than those monuments approved for setting at a toter dote, have been set and lot corners staked on the ground as depicted:oP h Ip+ PROFESSIONNAL N SURVEYOR CERTIFICATE NO.23504 SOUTH 144TH STREET SOUTH 14606 STREET VICINITY NOT TO SCALE SHEET 1 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.0. Be. 413. Seahurst, Vus4ngton 96062 1206) 242-662, 660 12561243-9619 DATE: 9/109 JOB NO. 530%4 PROJECT N0. 07181 FIELD DATE 11/11/07 DRWN 8Y LAW REVISED 1/13/16 Attachment C CITY OF TUKWILA FILE NO. L14-0066 Cly of Tukwila Department of Community Development &100 SwBcenler Boulevard, Tukwila, WA 98188 Telephone (208) 4313810 FAX (208)4313895 Found 2" brass disk w/"X" in concrete in case - 11/11/07 30' 34th Avenue South City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, REcoal1N0 N0: we/RAGE 3.5' Conveyed t0 the City of Tukwila -concrete ro rete moonumennle in ease on the northerly Ree. 820050510000267 the ache f the merlin. of Tract A with the centerline of 5. 144th St. - 7/15 N87135'33" W (c) NB7135'52"W (m) r9 South 744th Street I". North end 4' chain link fence is 0.3' north & 0.9' 1 east of set rebar w/cap New Private5 PUGET SOUND ENERGY EASEMENT REC. i sidewalk enl (D) N0. 20150129001483 IS OVER, UNDER, ALONG, ACROSS AND THROUGH THE EAST 65.15 FEET OF LOT 4. CENTERLINE DESCRIBED AS "AS CONSTURCTED" New Private 24 - O driveway easement (A) -•-4 I REBAR W/CAP SET 5/15/14 (VIP) 4q C'fS 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. _. __120150924001085 O' • - • 001'09'52"E 6.50' 507'35'33"E --65.15'-- I.30.01 21.93 LOT I ry 66.94' to °' 0' 087135'33 16.79, i'1.93Y ILO_' 3g - 30.01 New Private 5' sidewalk easement (C) 0' Exception for Rood Roc In LOT B ff ml n 25 92' 26.00' 1. 665 51.'202 52"E I1 nl - - - J TRACT B: TEMPORARY RECREATION TRACT S87'33 9'4 S4'E Private Ingress. egress and Utilities Easement Rec. No. 20131001001350 J- '33'S6"rr 120.00 (2) Temp. parking spaces Seattle City Light Easement Rec. No. 20110020000543 .- _ Irrr--f \I n M1 LI VOI;1 U lJ PHASE 2 Basis of Bearing of this survey are monuments fuund at the intersection of 42nd Ave South/South 144th Street and 42nd Ave. South/South 148th Street. GRAPHIC SCALE IX P069 ) 1 bleb - 30 01 ED 0 10 Drainage Eosement per KC P.ec, No. 6319966 LOT 1 9 J 68.75 N87'49'57"W LEGEND Concrete Monument in Case (8) Plot bearing or distance Monument n a (c) aolculated beoring or distance Tock in Lead or Noil & Disk - - • - Old Lot lines Set rebar w/cap 823604 - - - Easement Lines Found pipe or rebor Boundary Lines Water Line Easement Rec Na. 2015100700121 EW PRIVATE SANITARY SEVER EASEMENT REC. 820150924001086 I 60.00' EXCEPTION 5 1 Water Line Easement 000. No. 201510070012181 New Private 24' driveway easement (8)1 NEW 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. 1 820150924001086 . 0' 10' Temporary Landscape Easement Water Line Easement Rec. No. 20151007001218 060692. 2430.54' (m) Washington Found brass pin w/punch mark in concrete in case - 11/11/07 1748.47 NOTE: SEE PAGE 3 OF 4 FOR EASEMENT DIMENSIONS LOT WIDTHS LOTS RANGE IN WIDTHS FROM 21.92 FEET TO 30.01 FEET LOT AND TRACT AREAS TRACT A = 4.621 sf ± or 0.11 cares RECREATION TRACT 8 (TEMP) s 1,341 sf ± or 0.03 acres LOT 1 = 2,252 of or 0.05 acres LOT 2 = 1.634 sf or 0.04 acres LOT 3 =1.466 01 or acres L00 4 = 1.990 s1 or 0.05 acres LOT 5 = 1,677 of or 0.04 acres LOT 6 = 1.283 9f or 0.03 ocres LOT 7 = 1,242 sf or 0.03 acres LOT 8 - 1,614 sfor 0.04 acres s LOT 9 = 12.017 f or 0.28 acres LOTADDRESSES LOT NUMBERS STREET ADDRESS 1 14401 34 Ln. 5. 2 14403 34 Ln. S. 3 14402 34 Ln. S a 14404 34 Ln. S. 5 14405 34 Ln. S. 6 14407 34 Ln. S. 7 14406 34 In. S. 0 14408 34 Ln. S SURVEY NOTES 1. Field dote for this survey wos obtained by direct field measurements. ants. Angulorand linear relationships were rneamred with a and theodolite and electronic measuring device, supplemented by o steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2 REFERENCES: PIAT OF ADAMS HOME TRACTS, VOL 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM. VOL 47. PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL 47/ PAGES 88 TO THROUGH 901 ROS 143/125 Found 2" brass disk w/punch mock M concrete in case - 11/11/07 South 748th Street SHEET 2 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Selhurst, Vashepton 98062 12061 242-6621 FAM 1206)203-9679 DATE: 9/16/09 JOB N0. 530/4 PROJECT N0. 07181 11:712111,1 BY LAW FIELD DATE 11/11/07 I REVISED 1/13/16 'II II I I II11 CITY OF TUKWILA FILE NO. L14-0066 Clly ofnIo180 Department of Cotrnon0y 0eaopmenl 6300 S08. Southeenter 5oalevea0, TWMIA, WA 96133 Te4eph0 (206)431-3870 FAX (209) 4.313665 LOT LOT 2 688'50'22"W 4193' n $ ) C74-- 4193' �� S88'50'22'0 LOT 5 LOT 6 DETAIL DRIVEWAY EASEMENT A SCALE 1' - 30 NORTH LOT 7 LOT 8 ` 25.88'50'22'E'1 3 93_ 688'50'22'W 3 am LOT 3 LOT 4 1S88'5022'0- 0 41.93' -j hm < fa': 1v -L 41.93' �N N88'5 22"14 LOT 7 LOT 8 DETAIL DRIVEWAY EASEMENT B SCALE 1. 30' NORTH P DETAIL SIDEWALK EASEMENT B NOT TO SCALE NORTH DETAIL SIDEWALK EASEMENT D NOT TO SCALE NORTH City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington DETAIL: EASEMENT LOCATIONS PECOROa10 N0: VOL/PAGE LOT 5 LOT 6 N88'50'22"W 24.82 1 S87'35'33"E 5.00' 58850'22"E DETAIL SIDEWALK EASEMENT A NOT TO SCALE NORTH 8884012"W LOT 3 DETAIL SIDEWALK EASEMENT C NOT TO SCALE b LOT 4 NORTH LOT LOT 7 8 1 N87'33'g5,4'w o� 819__ 81.95' — — 587'33'54"E LOT 9 DETAIL LANDSCAPE EASEMENT NOT TO SCALE NORTH LOT 2 4 LOT 6 (-North 10 feet of Lot 5 west 16.79 feet of Lot 5 — T- LOT 3 -46% 0 5 LOT 7 1 r i\ NORTH NOT TO SCALE DETAIL: _I. J Waterline Easement Rec. No. 20151007001218 (portion of Lots 4 and 5, Block 2, Adams Home Tracts, V11/31.) in o r South 744th Street o _ j 3.50' 587'3 33'E_ I New Private 5' SEE DETAIL 'SIDEWALK�iL1 L027 sidewalk aasent (D) New Private 24' tlrivewoy eosement (A) for the bene0 Townhames 1. 2. 5 and 6 SEE DETAIL 'DRIVEWAY A" 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001085 NeePrivate 5' sidewalk easement (A) for the benefit of Townhomes 5 and 6 SEE DETAIL 'SIDEWALK A of 3.21 'S2"E r6.so j o 587'35'33"E 96 ? i1 0 -rim - LOT Ito. LOTI 1 41 New Private 5' sidewoik easement (C) SEE DETAIL "SIDEWALK C' SLOT 5 TRACT 8:— TEMPORARY RECREATION (2) TEMPORARY PARKING SPACES • NeA. i7I --NORTH UNE OF THE SOUTH HALF OF / 3, BLOCK 2. ADAMS HOME TR // TRACTS. VOL 11/31 587'33'71'E _ 258.09' Seattle City Light Easement Rec. No. 20110420000543 NEW PRIVATE 5' SIDEWALK EASEMENT 288.73 587'33'11"E NEW TEMPORARY LANDSCAPE EASEMENT TRACT 8 TEMPORARY RECREATION 10 Drainoge Easement per KC Rec. No. 6319966 LOT 1 9 ! I10. I NEW PRIVATE SANITARY SEWER EASEMENT 00C. #20150924001086 New Private 24' driveway a t (B) for the benefit f Townhanes 3, 4. 7 and 8 SEE DETAIL 'DRIVEWAY B' Waterline Easement Rec. No. 20151007001218 See "Detail Water Line Easement" portion of Lots 4 and 5, Black 2, Adams Home Trocts, 011/31 New Private 5' sidewalk esent (8) forte a benefit m of TOenfoee 7 d 8 SEE DETAIL "SIDEWALK B' 10' TEMPORARY LANDSCAPE EASEMENT SEE DETAIL 'LANDSCAPE EASEMENT' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 NORTH GRAPHIC SCALE (80 P065 ) SHEET 3 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LANO SURVEYORS P.O. Box 613. 0eahurst, 080143ton 98062 4206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 ,I J06 NO. 530/4 1 FIELD DATE 11/11/07 PROJECT N0. 07181 ORWN 8Y LAW REVISED 1/13/16 CITY OF TUKWILA FILE NO. L14-0066 CIy of Tutuila BL4,Iya..b0N.M 6300 Sa6NrnK.r Boulevard, Tuk#B9. WA 96106 T.I.p600. (100) 4314670 PAX (206) 4314685 TRACT NOTES City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington PROPERTY NOTES SIDEWALK EASEMENTS RECORDINO'No. IVOL/PACE TRACT A: INGRESS, EGRESS AND UTILITIES EASEMENT TRACT AIS A PRIVATE JOINT USE INGRESS, EGRESS, AND UTILITIES TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 9 AND FUTURE PHASES OF 144E OSTERLY PARK TOWNSHOMES, AS APPROVED UNDER TUKWILA FILE NUMBERS 108-079 AND L12-0005. OWNERSHIP OF LOTS 1 THROUGH 9 OF MIS PLAT INCLUDES AN 501AL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT AND ANY UNDERLYING UTILITIES. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT A SHALL BE 1115 OSTERLY PARK TOWNHO9(ES OWNERS ASSOCIATION. DETAILED MAINTENANCE RESPONSIBIUTIES SHALL BE AS LISTED UNDER THE DECLARATION OF CONVENTS. CONDITIONS. RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR THE OSTERLY PARK TOWNHOMES UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION FOR TRACT A. AN INGRESS. EGRESS AND UTILITIES EASEMENT: THAT PORTON OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING 1445 EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET: THENCE SOUTH 01'09'52" WEST 151.20 FEET; THENCE NORTH 8713'54' WEST 30.01 FEET; NORTH 01'09'52" EAST 157.68 FEET TO THE SOUTHERLY MARGIN 01 SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'32" EAST, ALONG SAID MARGIN. 13.21 FEET; THENCE SOUTH 01'09'52' WEST 6.50 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'33" EAST. ALONG SAID MARGIN, 16.78 FEET TO THE POINT 01 BEGINNING; SUB;ECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET THEREOF; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; SUBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20110420000543; TOGETHER WITH AND SUBJECT TO A PUGET SOUND ENERGY EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20150129001483; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. N0. 20131001001350: TOGETHER WITH AND SUBJECT TO A WATERLINE EASEMENT KC REC. N0. 20151007001218; TRACT B: TEMPORARY RECREATION TRACT OWNERSHIP. OPERATION AND MAINTENANCE OF TRACT B SHALL BE THE 5915811 PARK TOWNHOMES HOMEOWNERS ASSOCIATION: LEGAL DESCRIPTION FOR TRACT B, A TEMPORARY RECREATION TRACT: THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS. ACCORDING TO 11-15 PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASH1NGTON: ALSO BEING KNOWN A5 A PORTION OF THE PLAT 9F OSTERLY PARK 1'611130H6ME11 (1HA51 ONE) CIYY 0'r" ToKWILA TIL%' NO. 114-0066, DESC1411'c0 AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'52' WEST, ALONG THE WEST LINE OF SAID PLAT, 25.25 FEET THENCE SOUTH 87'33'54" EAST 51.94 FEET; THENCE NORTH 01'09'52" EAST 26.40 FEET; THENCE NORTH 88'50'22" WEST 51.92 FEET TO THE POINT OF BEGINNING. DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE CONVENTS. CONDITIONS. AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER _______ 1. THE UNIT LOTS ARE NOT SEPARATE BUILD ABLE LOTS, AND ADDITIONAL DEVELOPMENT ON THE INDIVIDUAL UNIT LOTS MAY BE LIMITED AS A RESULT OF THE APPLICATION OF DEVELOPMENT TO THE PARENT LOT. DEVELOPMENT SHALL BE PER THE APPROVED DESIGN REVIEW RECEIVED FROM THE CITY OF TUKWILA UNDER FILE NUMBERS L08-076 AND L12-005. 2. THE FOLLOWING CONDITIONS OF PRELIMINARY APPROVAL SHALL BE DEFERRED TO BUILDING PERMIT FOR INDIVIDUAL UNITS, A) CONSTRUCTION OF PERIMETER FENCE, RECREATION AREA, IRRIGATION, UGHTING, UG4TING FIXTU855, COLORED AND PATTERNED SHARED DRIVEWAY AREAS, RECREA0ON AREA LANDSCAPING (IRRIGATION AND EOUIPTMENT) AND LANDSCAPING SHALL BE DEFERRED TO THE BUILDING PERMITS. B) SCREENING OF THE INDIVIDUAL METERS, ELECTRICAL BOXES AND SIMILAR EQUIPMENT NECESSARY FOR PROJECT INFRASTRUCTURE SHALL BE REVIEWED AS PART OF THE BUILDING PERMIT FOR EACH UNIT. DRIVEWAY EASEMENTS A. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 1, 2, 5 AND 6. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1, 2. 5 AND 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON TH5 SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01-09'55' WEST, ALONG THE EAST LINE OF SAID LOT 2, 62.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 98'50'22" WEST 41.93 FEET; THENCE SOUTH 01'09'52" WEST 24.00 FEET; THENCE SOUTH 88'50'22' EAST 41.93 FEET TO THE EAST UNE OF SAID LOTS 2 AND 6; THENCE NORTH 01'09'52" EAST, ALONG SAID EAST U315, 24.00 FEET TO THE TRUE POINT OF BEGINNING B. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF T000,1906E9 ON 3, 4, 7 AND 8 FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, C090111ON5, AND RESTRICTIONS UNDER KING 00114TY RECORDING NUMBER __ LEGAL DESCRIPTION AS FOLLOWS, THAT PORTION OF LOTS 3, 4, 7 AND 8 OF THE PUT OF OSTERLY PARK TOWNHOMES (PHASE ONE) GTT OF TUKWILA FILE N0. 114-0066, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PUT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 14411.1 STREET; THENCE SOUTH 0199'52 WEST, ALONG THE WEST LINE OF SAID LOT 3, 55.13 FEET TO THE TRUE POOJT OF BEGINNING; THENCE SOUTH 88'50'22' EAST 41,93 FEET; THENCE SOUTH 01'09'38" WEST 24.00 FEET; THENCE NORTH 88'50'22' WEST 41.93 FEET TO THE WEST UNE OF SAID LOTS 3 AND 7; THENCE NORTH 01'09'52' EAST, ALONG SAID WEST LINE, 24.00 FEET TO THE TRUE POINT OF BEGINNING. TEMPORARY LANDSCAPE EASMENT TEMPORARY PRIVATE LANDSCAPE EASEMENT FOR THE BENEFIT OF THE PLAT OF OVERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. 114-0066. DETAILED MAINTENANCE RESPONSIBIUBES SEE THE CONVENTS, CONDITIONS. AND 055191111)069 UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 9 AND TRACT A OF THE PLAT OF OSTERLY PARK 106940ME5 (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER CORNER OF LOT 9, PLAT OF OST(R1(,Y PARK TOWNHOMES (PHASE ONE); THENCC 50U1H 01'09'36" W225, ALON'C 144E EA5T UNE DF 0410 L90. 20.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87'33'54" NEST 81.95 FEET TO THE WEST LINE OF SAID TRACT A; THENCE SOUTH 01'09'52" VEST, ALONG SAID WEST LINE, 10.00 FEET: THENCE SOUTH 8713'54" EAST 81.95 FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH 01'09'38" EAST, ALONG SAID EAST LINE, 10.00 FEET TO THE TRUE POINT OF BEGINNING. • 2 A. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 5 AND 6. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. 114-0066, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF 100 6, PUT OF 0919819 PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09'38" EAST, ALONG THE EAST UNE OF SAID LOT 6, 5.00 FEET; THENCE NORTH 88'50'22' WEST 24.92 FEET TO THE EAST LINE OF LOT 5, OSTERLY PARK; THENCE SOUTH 01'09'52' WEST, ALONG THE EAST UNE OF SAID LOT 5, 5.00 FEET; THENCE SOUTH 88'50'22' EAST. ALONG THE SOUTH LINE OF SAID LOT 6, 24.92 FEET TO THE EAST UNE OF SAID LOT 6 AND THE POINT OF BEGINNING. B. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 7 AND 8. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS. AND RE5TRICB065 UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 7, 8 AND 9 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) 01TY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09'52" EAST, ALONG THE WEST OF SAID LOT 7, 2.50 FEET; THENCE SOUTH 88'50'22' EAST 25.93 FEET TO THE WEST LINE OF LOT 8, OSTERLY PARK; THENCE SOUTH 0199'39" WEST, ALONG THE EAST UNE OF SAID LOT 8 AND ITS PROJECTION SOUTHERLY. 5.00 FEET: THENCE NORTH 88'50'22' WEST 25.93 FEET TO THE EAST LINE OF SAID LOT 9: THENCE NORTH 01'09'52' EAST, ALONG SAID EAST UNE. 2.50 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7 AND THE POINT OF BEGINNING. C. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 3 AND 4. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS. AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTON OF LOTS 3 AND 4 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066. DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 4, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 87'35'33' WEST, ALONG THE NORTH OF SAID LOT 4, 27.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'09'38' WEST 20.59 FEET; THENCE NORTH 88'59'22" NEST 5.00 FEET; THENCE NORTH 0199'38" EAST 20.70 FEET TO THE NORTH UNE OF SAID LOT 3; THENCE SOUTH 8735'33" EAST, ALONG THE NORTH LINE OF SAID LOTS, 5.00 FEET TO THE TR115 POINT OF BEGINNING. D. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF T0614808E5 ON 1 AND 2. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS. AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1 AND 2 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FI15 N0. 114-0066. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 87'35'33" WEST. ALONG THE NORTH OF SAID LOT 1, 19.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'09'52" WEST 28.70 FEET; THENCE NORTH 08'50'22" WEST 5.00 FEET; THENCE NORTH 01'09'52" EAST 28.61 FEET TO THE NORTH UNE OF SAID LOT 2 THENCE SOUTH 87'35'33" EAST, ALONG THE NORTH LINE OF SAID LOTS, 5.0D FEET TO THE TRUE POINT OF BEGINNING. SHEET4 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LOUD SURVEYORS P.O. 344 813. Sen1unt, Voshkpton 98062 12069 242-6621 FAX 12061243-9619 DATE: 9/16/09 PROJECT N0. 07181 (RYA/ BY LAW JOB N0. 530/4 FIELD DATE 11/11/07 8501550 12/29/15 Attachment D When Recorded, Return to: 144th Street REO Partners, LLC 13975 Interurban Ave S Tukwila, WA 98168 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES Grantor: 144th St REO Partners, LLC and/or Julia Overbeck Grantee: 144th Street REO Partners, LLC Legal Description (Abbreviated): Complete on: Osterly Park Townhomes, Lots 1 through 9 EXHIBIT A Assessor's Tax Parcel ID #: Phase I: 0040000088, 0040000094 Reference Nos. of Documents Released or Assigned: 59 TABLE OF CONTENTS PAGE ARTICLE 1 DEFINITIONS 1 1.1. WORDS DEFINED 1 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 4 ARTICLE 3 ASSOCIATION 4 3. L FORM OF ASSOCIATION 4 3.2. MEMBERSHIP 4 3.3. VOTING 4 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS 6 3.5. BYLAWS OF ASSOCIATION 6 ARTICLE 4 MANAGEMENT OF THE ASSOCIATION 7 4.1. INTERIM BOARD OF DIRECTORS 7 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS 7 4.3. AUTHORITY AND DUTIES OF THE BOARD 7 4.4. BOARD ORGANIZATION AND OPERATION 8 4.5. PROFESSIONAL MANAGEMENT 8 ARTICLE 5 ASSOCIATION FINANCES 9 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES 9 5.2. BUDGETING FOR RESERVES 10 5.3. SPECIAL ASSESSMENTS 10 5.4. SPECIFIC ASSESSMENTS 10 5.5. AUTHORITY TO ASSESS OWNERS 10 5.6. TIME OF PAYMENT 10 5.7. OBLIGATION FOR ASSESSMENTS 1 1 5.8. LIEN FOR ASSESSMENTS 12 5.9. EXEMPT PROPERTY 12 5.10. CAPITALIZATION OF ASSOCIATION 12 ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 13 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS 13 6.2. ASSOCIATION'S RESPONSIBILITY FOR EXTERIOR MAINTENANCE 13 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS 14 6.4. OWNER'S RESPONSIBILITY 14 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION••. 15 ARTICLE 7 USE RESTRICTIONS AND RULES 15 Osterly Park Townhomes Declaration Table of Contents -page 1 60 7.1. GENERAL 15 7.2. RESIDENTIAL USE 15 7.3. ARCHITECTURAL STANDARDS 15 7.4. SIGNS 17 7.5. OCCUPANTS BOUND 17 7.6. NUISANCE 17 7.7. SUBDIVISION OF LOT 18 7.8. FENCES 18 7.9. AIR-CONDITIONING UNITS 18 7.10. LIGHTING 18 7.11. MAILBOXES 18 7.12. PARKING 18 7.13. PETS 18 7.14. GARBAGE 19 7.15. EXTERIOR SECURITY DEVICES 19 7.16. EXTERIOR AREAS OF LOTS 19 7.17. LANDSCAPING 19 ARTICLE 8 INSURANCE 8.1. ASSOCIATION INSURANCE 8.2. PAYMENT AND ENDORSEMENTS 8.3. OWNER'S INSURANCE 8.4. RECONSTRUCTION ARTICLE 9EASEMENTS 19 19 20 20 21 21 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG 21 9.2. EASEMENTS FOR USE AND ENJOYMENT 21 9.3. GRANT OF EASEMENT FOR UTILITIES 22 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS 23 9.5. EASEMENT FOR MAINTENANCE 23 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT 23 ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES ••• 25 10.1. GENERAL RULES OF LAW TO APPLY 25 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION 25 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND 25 ARTICLE 11 CONSENSUS FOR ASSOCIATION LITIGATION •••• 25 ARTICLE 12 MORTGAGEE PROTECTION 26 12.1. ABANDONMENT OF DECLARATION 26 12.2. PARTITIONS AND SUBDIVISIONS 26 12.3. CHANGE IN ASSESSMENT METHODS, ETC 26 Osterly Park Townhomes Declaration Table of Contents -page ii 61 12.4. COPIES OF NOTICES 26 12.5. EFFECT OF DECLARATION AMENDMENTS 26 12.6. INSPECTION OF BOOKS 26 12.7. AMENDMENTS BY BOARD 27 ARTICLE 13 GENERAL PROVISIONS 27 13.1. ENFORCEMENT 27 13.2. SELF-HELP 27 13.3. DURATION 27 13.4. AMENDMENT 28 13.5. GENDER AND GRAMMAR 28 13.6. SEVERABILITY 28 13.7. CAPTIONS 28 13.8. INDEMNIFICATION 28 13.9. BOOKS AND RECORDS 29 13.10. FINANCIAL REVIEW 29 13.11. NOTICE OF SALE, LEASE OR ACQUISITION 30 13.12. AGREEMENTS 30 13.13. IMPLIED RIGHTS 30 13.14. VARIANCES 30 STORM DRAIN MAINTENANCE PLAN 54 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E LEGAL DESCRIPTION DESCRIPTION OF COMMON AREAS EASEMENT FOR VEHICULAR ACCESS [Lots 1, 2, 5, 6] EASEMENTFOR VEHICULAR ACCESS [Lots 3, 4, 7, 81 ADDITIONAL ITEMSINCLUDING STORM DRAIN MAINTENANCE PLAN ON PAGE 54 Oster/y Park Townhomes Declaration Table of Contents -page iii 62 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES IT I5 THE INTENT OF THE GRANTOR THAT THIS AGREEMENT SHALL NOT BE EXTINGUISHED BY THE DOCTRINE OF MERGER THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS is dated for reference purposes this day of , 2015, and is made by Julia Overbeck, and/or 144th Street REO Partners, LLC, ("Declarant"). RECITALS A. Declarant is the owner of the real property located in the City of Tukwila, King County, Washington, more particularly described on the attached EXHIBIT A ("Property"). B. Declarant desires to subject the Property to the provisions of this Declaration to create a residential community of eight (8) town -homes. Full build out of the Community will include 31 townhomes, all of which will be subject to this Declaration as amended during final subdivision approval for Phase II of the Osterly Park Townhomes ("Community"). Now, THEREFORE, Declarant hereby declares that the Property, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the Property, and shall be binding on all persons having any right, title or interest in all or any portion of the Property, their respective heirs, legal representatives, successors, successors -in -title and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1. DEFINITIONS 1.1. WORDS DEFINED. THE FOLLOWING WORDS, WHEN USED IN THIS Osterly Park Townhomes Declaration pages 63 1.1.1. "Association" shall mean the Osterly Park Townhomes Owners Association, a Washington nonprofit corporation, its successors and assigns to be formed. 1.1.2. "Board of Directors" or "Board" shall mean the appointed or elected board of directors of the Association having its normal meaning under Washington law. 1.1.3. "Bylaws" shall refer to the duly adopted Bylaws of the Association. 1.1.4. "Common Areas" shall mean all real and personal property, including easements which the Association owns or leases or in which it otherwise holds possessory or use rights, all for the common use and enjoyment of the Owners including, without limitation, those areas and facilities described on attached EXHIBIT B. Common areas also include both Tract A and Tract B. 1.1.5. "Common Expenses" shall mean expenditures made by, or financial liabilities of, the Association which are related to the Common Areas and the general operation of the Association, including, without limitation, maintenance and repair of certain exterior portions of the residential improvements constructed on the Lots as provided herein, certain utilities and systems serving such improvements, landscaping maintenance for the Lots and allocations to reserves. 1.1.6. "Community" shall mean and refer to the Property described in EXHIBIT A, attached hereto, and all improvements to such Property including, without limitation, the townhomes constructed on the Lots. 1.1.7. "Community -Wide Standard" shall mean the standard of conduct, maintenance, or other activity as initially established by Declarant and as generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. 1.1.8. "Declarant" shall mean and refer to 144th Street REO Partners, LLC, a New Mexico limited Iiability company, and its successors -in -title and assigns, provided, in the instrument of conveyance to any such successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon designation of a successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease. 1.1.9. "Declarant Control Period" shall mean the period of time during which Declarant is entitled to appoint the members of the Board. The Declarant Control Period shall expire on the first to occur of the following: (a) when Declarant owns less than 4 Lots for development and/or sale in the Community; (b) when, in its sole discretion, Declarant so determines in a notice recorded in the real property records of King County, Washington. Osterly Park Townhomes Declaration page2 64 1.1.10. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Easements for Osterly Park Townhomes, as it may be amended. 1.1.11. "Governing Documents" shall mean this Declaration, as it may be amended, the Articles of Incorporation and Bylaws of the Association and any rules and regulations adopted by the Association. 1.1.12. "Lot" shall mean any legally conveyable parcel of land within the Community, together with the improvements constructed thereon, which constitutes a residence, as shown on a plat recorded in the land records of King County, Washington. The ownership of each Lot shall include, and there shall pass with each Lot as an appurtenance thereto, whether or not separately described, all of the right, title and interest of an Owner in the Common Areas, which shall include, without limitation, membership in the Association. 1.1.13. "Mortgage" means any mortgage, deed of trust and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.14. "Mortgagee" shall mean the holder of a Mortgage. 1.1.15. "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.16. "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation. 1.1.17. "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.18. "Plat" means that certain subdivision of the Property more particularly described on the attached EXHIBIT A. 1.1.19. "Property" shall mean the real property described in EXHIBIT A attached hereto. 1.1.20. "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant), and the consent of Declarant so long as Declarant owns any Property for development and/or sale in the Community. Osterly Park Townhomes Declaration page3 65 1.1.21. "Townhome" shall mean and refer to any structure located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family. ARTICLE 2. PROPERTY SUBJECT TO THIS DECLARATION The Property which is, by the recording of this Declaration, subject to the covenants, conditions and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the real property described in EXHIBIT A, attached hereto and by reference made a part hereof. ARTICLE 3. ASSOCIATION 3.1. FORM OF ASSOCIATION. The Association shall be a non-profit corporation farmed under the laws of the State of Washington; provided that from and after the formation of such non-profit corporation, the rights and duties of the members of such corporation shall continue to be governed by the provisions of this Declaration. 3.2. MEMBERSHIP. 3.2.1. Qualification. Each Owner (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned; provided that if a Lot has been sold on contract, the contract purchaser shall exercise the rights of the Lot Owner for the purposes of the Association, this Declaration and the Bylaws, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for membership in the Association. 3.2.2. Transfer. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon transfer of the title to said Lot, and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner of such Lot. 3.3. VOTING. 3.3.1. Number of Votes. The Association shall have two classes of voting membership: Overly Park Townhomes Declaration page.{ 66 (a) Class A. Class A members shall be all Owners with the exception of Declarant. Each Owner shall be entitled to one vote for each Lot owned. (b) Class B. The Class B member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon expiration of the Declarant Control Period. 3.3.2. Voting Owner. There shall be one (1) voting representative of each Lot. Declarant shall be considered an "Owner" and shall be the voting representative with respect to any Lot owned by Declarant. If a person (including Declarant) owns more than one Lot, the person shall have the votes for each Lot owned. The voting representative shall be designated by the Owner but need not be an Owner. The designation shall be revocable at any time by actual notice to the Association from a party having an ownership interest in a Lot, or by actual notice to the Association of the death or judicially declared incompetency of any person with an ownership interest in the Lot. This power of designation and revocation may be exercised by the guardian of an Owner, and the administrators or executors of an Owner's estate. Where no designation is made, or where a designation has been made but is revoked and no new designation has been made, the voting representative of each Lot shall be the group composed of all of its Owners. 3.3.3. Joint Owner Disputes. The vote of a Lot must be cast as a single vote, and fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their votes shall be cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular Lot, none of said votes shall be counted and said votes shall be deemed void. 3.3.4. Pledged Votes. If an Owner is in default under a first Mortgage on a Lot for ninety (90) consecutive days or more, the Mortgagee shall automatically be authorized to declare at any time thereafter that the Owner has pledged his or her vote on all issues to the Mortgagee during the continuation of the default. If the Association has been notified of any such pledge to a Mortgagee, or in the event the record Owner or Owners have otherwise pledged their vote regarding special matters to a Mortgagee under a fully recorded mortgage, or to the vendor under a duly recorded real estate contract, only the vote of such Mortgagee or vendor will be recognized in regard to the special matters upon which the vote is so pledged, if a copy of the instrument with this pledge has been filed with the Association. Amendments to this Section shall only be effective upon the written consent of all of the voting Owners and their respective Mortgagees and vendors, if any. Osterly Park Townhomes Declaration page5 67 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS. 3.4.1. Annual Meetings, Audits. There shall be an annual meeting of the Owners in the first quarter of each calendar year, or such other fiscal year as may be adopted by the Association, at such reasonable place and time as may be designated by written notice of the Association delivered to the Owners no less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. At the annual meeting, there shall be presented a report of the itemized receipts and disbursements for the preceding fiscal year, and allocation thereof to each Owner, and the estimated expenses, if any, for the Association for the coming fiscal year. Any Owner, at the Owner's own expense, may at any reasonable time make an audit of the books of the Association. 3.4.2. Special Meetings. Special meetings of the Owners may be called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the Owners, or for any other reasonable purpose. Such meeting shall be called by the petition of Owners holding not less than 10% of the Class A votes or as otherwise provided in the Bylaws. Such notice shall be delivered not less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting and, in general, the matters to be considered. 3.4.3. Quorum Requirements for Association Meeting. At all meetings of the Owners, 25% of the Owners present in person or by proxy shall constitute a quorum. A majority of Owners present and entitled to vote, either in person or by proxy, shall be sufficient for the passage of any motion or the adoption of any resolution, except in connection with amendment or repeal of this Declaration. If the required quorum is not present, another meeting may be called subject to the requirement of written notice sent to all members at least ten (10) days in advance of such meeting. In the absence of a quorum of a members' meeting, a majority of those present in person or by proxy may adjourn the meeting to another time but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date. 3.5. BYLAWS OF ASSOCIATION. 3.5.1. Adoption of Bylaws. Bylaws for the administration of the Association and the Property, and for other purposes not inconsistent with the intent of this Declaration shall be adopted by the Declarant as the original Owner of the Lots. Subsequent amendments may be adopted by the Association as provided therein. 3.5.2. Bylaws Provisions. The Bylaws shall contain provisions substantially as provided for in this Article 3 and in Article 4, and may contain supplementary, not inconsistent, provisions regarding the operation and administration of the Property. The Bylaws shall establish the provisions for quorum, ordering of Overly Park Townhonres Declaration page6 68 meetings, and details regarding the giving of notices as may be required for the proper administration of the Association and the Community. ARTICLE 4. MANAGEMENT OF THE ASSOCIATION 4.1. INTERIM BOARD OF DIRECTORS. Until expiration of the Declarant Control Period, the affairs of the Association shall be governed by a board of three (3) directors (who need not be Lot Owners) named by Declarant from time to time or as otherwise provided in the Bylaws. 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS. Upon expiration of the Declarant Control Period, administrative power and authority shall vest in a board of three (3) directors elected from among the Owners. The Board may delegate all or any portion of its administrative duties to a manager, managing agent, or officer of the Association. All Board positions shall be open for election at said organizational meeting. The Board shall elect from among its members, a president (who shall preside over meetings of the Board and the meetings of the Association), a secretary and a treasurer, all of which officers shall have such duties and powers as may be specified by the Board from time to time. 4.3. AUTHORITY AND DUTIES OF THE BOARD. The Board, for the benefit of the Community and the Owners, shall enforce the provisions of this Declaration, shall have all powers and authority permitted to the Board under this Declaration, and shall acquire and shall pay for out of the Common Expense fund hereinafter provided for, all goods and services requisite for the proper functioning of the Community. Without limitation, the Board shall have the following powers and authority: 4.3.1. Assessments. The establishment and collection of Assessments pursuant to Article 5 of this Declaration. 4.3.2. Services. Obtaining the services of persons or firms as required to properly manage the affairs of the Community to the extent deemed advisable by the Board, including legal and accounting services, property management services, as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Community. 4.3.3. Utilities. Obtaining all utility services (i) commonly metered (if any) for the Townhomes and providing for the submetering of such utilities for payment by the Owners where applicable and (ii) as necessary for the Common Area utilities, landscape irrigation, and lighting. 4.3.4. Insurance. Obtaining and paying for policies of insurance or bonds as provided by this Declaration. nctarly PnrkT wnhnnwc nvrinrnlinn pngv7 69 4.3.5. Maintenance/Repair. Performing and paying for maintenance, repair, replacement of Common Areas and Exterior Maintenance. 4.4. BOARD ORGANIZATION AND OPERATION. 4.4.1. Election of Board of Directors and Terms of Office. Upon expiration of the Declarant Control Period, the Owners shall elect two (2) Directors for two (2) year terms and one (1) Director for a one (1) year term to assure that the expiration dates for the term of the Board members are staggered. Thereafter, all Directors shall be elected for two (2) year terms. 4.4.2. Vacancies. Vacancies in the Board caused by any reason other than the removal of a Board member by a vote of the Association shall be filled by vote of the majority of the remaining Board members, even though they may constitute less than a quorum; and each person so elected shall be a Board member until a successor is elected at the next annual meeting of the Association. 4.4.3. Removal of Board Members. At any regular meeting or at any special meeting called for that purpose, any one or more of the Board members may be removed with or without cause, by a majority of all of the Owners, and a successor may then and there be elected to fill the vacancy thus created. Any Board member whose removal has been so proposed by the Owners shall be given an opportunity to be heard at the meeting. Notwithstanding the above, until the organizational meeting, only Declarant shall have the right to remove a Board member. 4.4.4. Organizational Meeting. The first meeting of a newly elected Board shall be held immediately following the annual organizational meeting of the Association, and no notice shall be necessary to the newly elected Board members in order legally to constitute such meeting. 4.4.5. Regular Meeting. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the Board members, but at least two such meetings shall be held during each fiscal year and one such meeting shall be held immediately following the annual meeting of Owners. Notice of regular meetings of the Board shall be given to each Board member as and when provided in the Bylaws. 4.4.6. Special Meetings. Special meetings of the Board may he called by the President or at least two Board members with notice given to each Board member as and when provided in the Bylaws. 4.5. PROFESSIONAL MANAGEMENT. Any contract with a professional manager for the Community (i) shall have a term no longer than one (1) year, (ii) may be renewed by agreement of the Association and the manager for successive one (1) year Oslerb/ Park Townhomes Declaration page8 70 periods and (iii) shall require the manager to carry insurance as deemed appropriate by the Board. ARTICLE 5 ASSOCIATION FINANCES 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES. At least sixty (60) days before the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund. The budget shall reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Lots, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Lots. 5.1.1. The Association is hereby authorized to levy Base Assessments equally against all Lots subject to assessment hereunder to fund the Common Expenses. In determining the Base Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. 5.1.2. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy, which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. 5.1.3. Within thirty (30) days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the final budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than fourteen (14) nor more than sixty (60) days from the mailing of such materials. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing at least 51% of the Total Association Vote. Such ratification shall be effective whether or not a quorum is present. 5.1.4. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. 5.1.5. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. Osterly Park Townhomes Declaration page9 71 5.2. BUDGETING FOR RESERVES. The Board shall prepare and periodically review a reserve budget for the Common Areas and for Exterior Maintenance requirements. The reserve budget shall take into account the number and nature of replaceable assets, the expected life of each asset and the expected repair or replacement cost. The Board shall include in the budget, a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing. 5.3. SPECIAL ASSESSMENTS. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Owners representing more than 50% of the Total Association Vote. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 5.4. SPECIFIC ASSESSMENTS. The Association shall have the power to levy Specific Assessments against a particular Lot as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Lots upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Lot into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their agents, contractors, employees, licensees, invitees, or guests, including any such costs related to maintenance, repair or replacement of the exteriors of improvements or of utilities or other systems serving such improvements; provided, the Board shall give the Lot Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 5.5. AUTHORITY TO ASSESS OWNERS. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in this Declaration. The obligation to pay assessments shall commence as to each Lot, after the Board first determines a budget and levies assessments, and after the Lot is first conveyed to an Owner by Declarant. The first annual Base Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Lot. 5.6. TIME OF PAYMENT. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Lot and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, annual assessments Osterly Park Townhonnes Declaration Pagel C 72 may be paid in monthly or quarterly installments. If any Owner is delinquent in paying any assessments or other charges levied on the Owner's Lot, the Board may require the outstanding balance on all assessments to be paid in full immediately. 5.7. OBLIGATION FOR ASSESSMENTS. 5.7.1. Personal Obligation. Each Owner, by accepting a deed or entering into a recorded contract of sale for any portion of the Property, is deemed to covenant and agree to pay all assessments authorized herein. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such higher rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon a transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. (a) Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. (b) No Owner is exempt from liability for assessments by non- use of Common Areas, abandonment of the Owner's Lot, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or setoff shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. (c) Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. 5.7.2. Declarant's Option to Fund Budget Deficits. During the Declarant Control Period, Declarant may satisfy its obligation for assessments, if any, on Lots which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Lots subject to assessment and• the amount of actual expenditures by the Association Overly Park Townhomes Declaration page 11 73 during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least sixty (60) days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Declarant Control Period, Declarant shall pay assessments on its unsold Lots in the same manner as any other Owner. 5.8. LIEN FOR ASSESSMENTS. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law) and costs of collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior and (b) the lien or charge of any recorded first Mortgage (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and judicial or non judicial foreclosure. 5.8.1. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. 5.8.2. Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any subsequent assessments. However, the sale or transfer of any Lot pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Lot shall not be personally liable for assessments on such Lot due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Lots subject to assessment under Section 4.6, including such acquirer, its successors and assigns. 5.9. EXEMPT PROPERTY. The following property shall be exempt from payment of Base Assessments and Special Assessments: (a) Any property dedicated or conveyed to and accepted by any governmental entity or public utility; and (b) Property owned by the Association for the common use and enjoyment of such Associations' members. 5.10. CAPITALIZATION OF ASSOCIATION. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by or on Osterly Park Townhomes Declaration page 12 74 behalf of the purchaser to the working capital of the Association in an amount equal to one-sixth of the annual Base Assessment per Lot for that year. This amount shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and disbursed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws. ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS. The Association shall maintain and keep in good repair the Common Areas. This maintenance shall include, without limitation, maintenance, repair and replacement of all landscaping including the maintenance of the irrigation system and improvements (Water District 125)situated on the Common Areas. Common areas also include Recreational Tract B. 6.1.1 ASSOCIATION'S RESPONSIBILITY FOR STORM DRAINAGE SYSTEM. The storm drainage system was installed under Public Works permit number PW and should be maintained to the current Operations and Maintenance Standards of the City of Tukwila. 6.2.1. Unless and until the Owners vote in favor of the Association providing such painting and roofing as part of the Exterior Maintenance, each Owner shall remain responsible for such maintenance on the Owner's Townhome. 6.2.2. No Owner may modify the exterior of their Townhome or the screens, doors, awnings or other portions of their Townhome visible from outside the Townhome without the prior written consent of the Board or in accordance with the rules and regulations of the Association. In particular, except as otherwise provided by law, no solar panel, radio or television antenna, satellite dish or other appliance may be installed on the exterior of a Townhome without the prior written consent of the Board which shall not be unreasonably withheld. The Owners shall not repaint, reroof or replace the glass or screens in the windows or doors of their Townhomes except with materials of similar color and quality to those originally installed or as otherwise approved pursuant to Section 7.3. 6.2.3. Exterior Maintenance shall be performed at such time as the Board considers necessary to preserve and protect the appearance and condition of the Townhomes within the Community. Osterly Park Townhomes Declaration page 13 75 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS. 6.3.1. The Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limitation, such maintenance may include portions of any Lot that contribute to the overall appearance of the entrance to the Community or otherwise as reasonably determined by the Board. 6.3.2. In the event that the Association determines that the need for maintenance, :repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees or invitees of any Owner, and is not covered or paid for by insurance, in whole or in part, then the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 6.3.3. All maintenance undertaken by the Association shall be performed consistent with the Community -Wide Standard. 6.4. OWNER'S RESPONSIBILITY. Except for the Exterior Maintenance undertaken by the Association pursuant to Section 6.2 above, each Owner is responsible for maintenance, repair and replacement of the Owner's Townhome, any portions of the Lot or improvements thereon not made subject to maintenance, repair and replacement by the Association herein. Each Owner shall, at the Owner's sole expense, keep the interior of the Owners Townhome and its equipment, appliances and appurtenances in a clean and sanitary condition, free of rodents and pests, and good order, condition and repair and shall do all redecorating and painting at anytime necessary to maintain the good appearance and condition of the Townhome. 6.4.1. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. 6.4.2. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair or replacement, or, in the event that such maintenance, repair or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide Osterly Park Townhonzes Declaration page 14 76 any such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a Iien against the Lot. 6.4.3 MAINTENANCE OF SHARED DRIVEWAYS. Each unit owner shall pay an equal pro rata share of driveway maintenance and repair expenses for the driveway specific to that unit owner. It is anticipated that every two buildings or (4) units shall each share a driveway so there will be two shared driveways for the initial (8) units and so on. Therefore, each unit owner shall be responsible for 25% of the expense(s) related to the maintenance and repair of each shared driveway specific to or belonging to that unit owner. Driveways not shared by the unit owner shall be shared amongst the unit owners which share each specific driveway. 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION. Declarant may transfer or convey to the Association any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association for the benefit of all or a part of its Members. ARTICLE 7 USE RESTRICTIONS AND RULES 7.1. GENERAL. The Board may, from time to time, without consent of the Members, promulgate, modify or delete other use restrictions and rules and regulations applicable to the Community so long as any such restrictions, rule or regulation is not contrary to the terms of this Declaration. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled or modified in a regular or special meeting by a majority of the Total Association Vote. 7.2. RESIDENTIAL USE. All Lots shall be used for residential purposes exclusively. No business or business activity shall be carried on, in or upon any Lot at any time except that an Owner or occupant of a Lot may conduct business activities within the Lot so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Lot; (b) the business activity conforms to all zoning requirements; (c) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the Community; and (d) the business activity is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Community, as may be determined in the Board's sole discretion. This Section 7.2 shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant with respect to its development and sale of any Lot. 7.3. ARCHITECTURAL STANDARDS. All Townhomes and other structures (including, without limitations, concrete or masonry walls, rockeries, fences or other structures) to be constructed within the Community, and all exterior alterations and repairs (including, but not limited to, reroofing or repainting) of any Townhomes or other structures on the Property must be approved by an Architectural Review Committee ("ARC") composed of three or more Owners designated from time to time in writing by the Board; provided, that so long as Declarant owns any Lots within the Community, Declarant at its option may exercise all of the rights and powers of the ARC under this Osterly Park Townhomes Declaration pagel5 77 Section 7.3 including without limitation the appointment of members of the ARC. Complete plans and specifications of all proposed buildings, structures, and exterior alterations and repairs together with detailed plans showing the proposed location of the same on the particular Lot and other data requested by the ARC, shall be submitted to the ARC before construction, alteration or repair is started. This project was subject to City of Tukwila design review under permit numbers L08-076 and L12-005. Any major changes to the development shall be reviewed by the City. 7.3.1. The ARC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. 7.3.2. In the event the ARC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, such approval will not be required. 7.3.3. All plans and specifications for approval by the ARC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date. The maximum height of any building shall be established by the ARC as part of the plan approval and shall be given in writing together with the approval. 7.3.4. The ARC may require that said plans or specifications shall be prepared by an architect or a competent house designer, approved by the ARC. One complete set of said plans and specifications shall in each case be delivered to and permanently left with the ARC. All buildings or structures shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ARC. The ARC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ARC's reasonable opinion, aesthetic or otherwise. 7.3.5. In so passing upon such design, the ARC shall have the right to take into consideration the suitability of the proposed building or other structure, the material of which it is to be built, the exterior color scheme, the site upon which it is to be erected, the harmony thereof with the surroundings, and the effect or impairment that said structures will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ARC's opinion, shall affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 7.3.6. The ARC shall have the right to disapprove the design or installation any recreational structure or equipment, in the ARC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ARC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all of the Lots Osterly Park Townhames Declaration page 16 78 located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purpose of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. 7.3.7. The ARC shall have the right to require, at Owner's expense, the trimming (or, if deemed necessary by the ARC, removal) of any tree, hedge, or shrub on a Lot which the ARC determines is unreasonably blocking or interfering with the view or access to sunlight or another Lot. 7.3.8. Notwithstanding any provision contained in this Article, under no circumstance shall the ARC approve any action to construct, alter, restore or repair any structure, improvement, landscape, etc., which would be contrary to any condition of approval of the Plat of Osterly Park Townhomes as set forth under City of Tukwila subdivision file for the Plat. 7.3.9. Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restrictions on this Section 7.3 as to any Lot owned by the Declarant. 7.4. SIGNS. Except as otherwise provided by RCW 64.38.034, no sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Board. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs. "For Sale" and "For Rent" signs and security signs consistent with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. The provisions of this Section shall not apply to any Person holding a Mortgage who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first Mortgage or as transferee pursuant to any proceeding in lieu thereof. 7.5. OCCUPANTS BOUND. All provisions of the Governing Documents which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants even though Occupants are not specifically mentioned. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 7.6. NUISANCE. Except for the exterior maintenance responsibilities of the Association, it shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on his or her Lot. No property within the Community shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort or serenity of the Osterly Park Townhomes Declaration page 17 79 occupants of surrounding property. No noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. No plant or animal or device or thing of any sort shall be kept on any Lot whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law. 7.7. SUBDIVISION OF LOT. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right to replat any Lot or Lots owned by Declarant. Any such division, boundary line change or replatting shall not be in violation of the applicable subdivision and zoning regulations. 7.8. FENCES. Except as originally installed by Declarant, no fence or fencing type barrier of any kind shall be placed, erected, allowed or maintained upon any portion of the Community, including any Lot, without the prior written consent of the ARC. 7.9. AIR-CONDITIONING UNITS. Except as may be permitted by the ARC, no air-conditioning units may be installed. Installation of any permitted air-conditioning unit shall be performed by a professional air-conditioning contractor licensed and bonded in the State of Washington. 7.10. LIGHTING. Except as may be permitted by the ARC, exterior lighting visible from the street shall not be permitted except for (a) approved lighting as originally installed on a Lot or (b) seasonal decorative lights, subject to such restrictions as may be established by the Board. Common payment and maintenance shall be shared equally. Lighting hours of operation will be from 9pm to 6am. 7.11. MAILBOXES. All mailboxes serving the Lots shall be clustered in a kiosk style as originally installed by Declarant or as otherwise approved by the ARC. 7.12. PARKING. Unless kept within a garage, no inoperable vehicle, recreational vehicle, house trailer, mobile home, boat, trailer or commercial vehicle shall be parked within the Community overnight. In addition, no parking shall be allowed on the private streets within the Community at anytime, except within on -street guest parking spaces as shown on the Plat of Osterly Park Townhomes. Guest parking spaces are reserved for guests visiting an occupant or owner of a residence in the Osterly Park Townhomes; no owner or occupant of any townhome may park in the guest parking spaces. Guests shall be limited to a maximum parking time per space of 24 hours. 7.13. PETS. No more than two (2) household pets may be kept on a Lot at anytime and then only when in compliance with rules and regulations adopted by the Board. The Board may at anytime require the removal of any such pet that it concludes is 80 disturbing any other Owner through noise or other behavior. The Board may exercise Osterly Park Townhomes Declaration page 19 81 this authority with regard to specific pets even though other pets are permitted to remain on the Property. 7.14. GARBAGE. Owners shall regularly dispose of their garbage and other debris in containers designed for such purpose. Such containers shall be kept in the Owner's garage until the day designated for pickup. Disposal of garbage and recycling of materials shall be subject to such rules and regulations as may be adopted by the Association. 7.15. EXTERIOR SECURITY DEVICES. No exterior security devices, including, without limitation, window bars, shall be permitted on any Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system shall not be deemed to constitute an exterior security device. 7.16. EXTERIOR AREAS OF LOTS. The exterior areas of Lots (i.e., any area outside the Townhome built on any Lot) are generally restricted to use for landscaping; provided, however, that an Owner may keep typical patio furniture and one barbeque on the exterior of the Owner's Lot so long as any such furniture or equipment is clean and in good working order. In no event shall an Owner keep or maintain a hot tub, spa, pool or similar facility on the exterior of the Owner's Lot. Similarly, no lawn statuary, basketball hoops or similar play equipment shall be maintained on the exterior of any Lot. 7.17. LANDSCAPING. Except for plantings in pots on decks, porches or patios, no Owner shall alter the landscaping on the Owner's Lot without the express consent of the ARC. ARTICLE 8 INSURANCE 8.1. ASSOCIATION INSURANCE. The Association shall, subject to change by Board action on advice of the Association's insurance advisors, maintain at all times as an Association expense a policy or policies and bonds written by companies licensed to do business in Washington providing: 8.1.1. If and only if the Board, upon advice of its insurance advisors, determines it to be necessary in light of the limited nature of the Common Areas, property insurance covering the Common Areas with premiums being paid as a common expense of all Owners, protecting against fire and all other hazards normally covered by standard extended coverage endorsements and all other perils customarily covered for similar property, including those covered by the standard "all risk" endorsements, if available. If obtained, such insurance shall be in the amount of 100% of the current replacement cost of the Common Areas. The Association shall be named as the insured as trustee for the benefit of the Owners and Mortgagees, as their interests appear. 82 8.1.2. Liability insurance insuring the Board, the Association, Owners, Declarant, and any managing agent, with a "Severability of Interest Endorsement" or equivalent coverage that would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner, and shall cover liability of the insureds for property damage, bodily injury, and death of persons arising out of the operation, maintenance, and use of the Common Areas, and such other risks as are customarily covered with respect to residential projects of similar construction, location, and use. The limits of liability shall be in amounts generally required by Mortgagees for projects of similar construction, location and use, but shall be at least $1,000,000 combined single limit for bodily injury and property damage per occurrence and $2,000,000 general aggregate. 8.1.3. Workers' compensation insurance to the extent required by applicable laws. 8.1.4. A fidelity bond or insurance for any person who either handles or has responsibility for funds that the Association holds or administers, whether or not such person is compensated for services, naming the Association as the obligee and said bond or insurance should cover the maximum amount of funds to be handled at any time while the bond or insurance is in force and a minimum three months' assessments for all Unit Lots within the Community. If a professional manager is employed by the Association and such manager handles funds for the Association, the manager shall maintain the same coverage as the Association. 8.1.5. Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect coverage meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Governmental National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration ("Secondary Market Agencies"), so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by such agencies. 8.2. PAYMENT AND ENDORSEMENTS. Funds to cover the costs of insurance to be maintained by the Association shall be included in the Association's operation reserve account. The policies of insurance shall include endorsements as required by any Mortgagee or any Secondary Market Agency and all such insurance shall be continuously in effect. 8.3. OWNER'S INSURANCE. Each Owner shall continuously maintain in effect insurance with respect to such Owner's Unit Lot and the improvements constructed thereon covering such casualties and liabilities and meeting the insurance requirements as now or hereafter established by the Secondary Market Agencies so long as any such agencies are either a Mortgagee or an Owner of a Unit Lot, except to the extent such coverage is not available or has been waived in writing by such agencies. Upon request Osterly Park Townhomes Declaration page 21 83 by the Association, each Owner shall provide satisfactory written evidence that such insurance is being maintained and that all premiums therefore have been paid. If an Owner fails to obtain any required insurance or fails to pay the premium therefor, the Association may (but shall not be obligated to) obtain such insurance and/or make such payments for such Owner, and add the cost of such payments, as a specific assessment, to the normal assessment of such Owner. 8.4. RECONSTRUCTION. In the event of damage or destruction by fire or other casualty of any Unit Lot and improvement thereon, the Owner thereof shall repair or rebuild such damage or destroyed portions of the Unit Lot and improvements in a good workmanlike manner substantially the same as the original plans and specifications of said property in accordance with plans approved by the Association pursuant to Section 7.3. If the Owner refuses or fails to so repair or rebuild within thirty (30) days or such greater period as may be reasonably determined by the Board, the Association may perform such repair and rebuilding. The Owner must reimburse the Association for the amount actually expended for such repairs or reconstruction, and the Association shall have a lien securing such payment in the same manner provided for herein for assessments. ARTICLE 9 EASEMENTS 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG. (a) There shall be an appurtenant easement for that portion of the roof of any improvements constructed on any Lot which overhangs an adjacent Lot or Lots to the extent the roof overhang was originally constructed by Declarant. This easement shall allow for the Owner of the benefited Lot to have temporary access to the servient Lot for maintenance, repair and replacement of such roof overhang so long as the benefited Lot Owner indemnifies and holds the servient Owner harmless from any damage to the servient Lot in connection with such maintenance, repair or replacement. (b) At some point in time there may be reciprocal appurtenant easements for encroachment and overhang as between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration) to a distance of not more than five (5) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Areas or as between adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point. 9.2. EASEMENTS FOR USE AND ENJOYMENT. 9.2.1. Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the right of the Association to establish 84 reasonable rules and regulations with regard to the operation, maintenance, repair and replacement of the Common Areas including its use and enjoyment by an Owner, and the Owner's family, tenants, guests and invitees. Without limitation, the Common Areas include those easements more particularly described aforementioned and hereinafter. 9.2.2. Any Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the occupants of such Owner's Lot, if leased. 9.3. GRANT OF EASEMENT FOR UTILITIES. The following easements with regard to utilities serving the Community are hereby granted and declared by Declarant. 9.3.1. Declarant declares that electrical power wires, natural gas pipelines, cable wires, water pipelines and plumbing pipelines which provide services to the Lots were installed within the Townhomes at locations which are not clearly identified on any map or plan. Such wires, pipes and lines were installed between the floor or ceiling joists and/or in the party wall in accordance with applicable building and electrical codes. Declarant grants an easement for utility purposes over and across each Lot where each such wire, pipe and/or line currently lies in favor of the Lots served by such wires, pipes and/or lines. In the event any repair or replacement of any such wire, line or pipe is required by any Owner and such repair or replacement requires entry into another Owner's Townhome, the "Consenting Owner" (i.e., the Owner of the Lot which will be entered) agrees to grant reasonable rights of entry for such purposes and further grants such other Townhome Owner the right to make such repairs or replacements from within such Consenting Owner's Townhome, on condition that the Owner in need of such entry and such work pays the cost of such work and restores the Consenting Owner's Townhome to the same condition it was before such entry and work therein. This provision is intended to be interpreted in favor of the Consenting Owner who must grant entry for such purposes and shall be liberally interpreted to ensure that a Consenting Owner is not damaged by such work. 9.3.2. Declarant grants an easement for water, drainage pipes and related equipment which form a part of the drainage and retention system which services the property, electric power, cable, natural gas, telephone, over, under and across the Lots and Common Areas, as constructed, in favor of the utility suppliers serving the Community. The intent of this easement is to allow the suppliers of such utility services (and the Association with respect to the drainage and retention system) a reasonable right to access and right to make necessary repairs and replacement of component parts of the utility service systems. The Owners who benefit from any work in such utility easement area shall bear the cost of such repair and replacement and are obligated to restore the ground surface or the side of the structure to the same condition it was prior to such utility repair or replacement. Osterly Park Townhornes Declaration page 23 85 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS. The Association shall have the right, but shall not be obligated, to enter upon any Lot within the Community for emergency, security and safety reasons, which right may be exercised by the Association's manager, and all police officers, firefighters, ambulance personnel and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Board to enter to cure any condition which may increase the possibility of a fire, slope erosion or other hazard in the event an Owner or Occupant fails or refuses to cure the condition upon request by the Board. 9.5. EASEMENT FOR MAINTENANCE. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Property (including Lots), determined in the sole discretion of the Association, as are necessary to allow for the:. Association's performance of Exterior Maintenance as set forth in Section 6.2 and all other work required under Article 6. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT. So long as Declarant owns any Property in the Community for development and/or sale, Declarant reserves a right of access across all Property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Property as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient or incidental to Declarant's and such builder's or developer's development, construction and sales activities related to Property subject to this Declaration, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap -on or any other fee for so doing), replace, 86 relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to operate model residences and a sales office for the Community. 9.8. EASEMENTS FOR VEHICULAR ACCESS. Declarant hereby declares that that the Owners of the following Lots shall have the following easements for vehicular and pedestrian access: 9.8.1. Lots [11 [2), {5) and [6) are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [1], [2), (5) and [6), legally described on Exhibit A attached hereto and incorporated herein by this reference.. 9.8.2. . Lots [3], [4], [7) and [8] are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [3], [4], [7) and [8), legally described on Exhibit A attached hereto and incorporated herein by this reference. Osterly Park Townhonzes Declaration page 25 87 ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES 10.1. GENERAL RULES OF LAW TO APPLY. Each wall or similar structure built as a part of the original construction on the Lots which serves and/or separates any two adjoining Lots shall constitute a party structure. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors -in -title. ARTICLE 11 CONSENSUS FOR ASSOCIATION LITIGATION Except as provided in this Article, the Association shall not commence a judicial or administrative proceeding without the approval of Owners representing at least 75% of the Total Association Vote. This Article shall not apply, however, to (a) actions brought by the Association to enforce the Governing Documents (including, without limitation, the foreclosure of liens); (b) the collection of assessments; (c) proceedings involving 88 challenges to ad valorem taxation; (d) counterclaims brought by the Association in proceedings instituted against it; or (e) actions brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor. This Article shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. ARTICLE 12 MORTGAGEE PROTECTION 12.1. ABANDONMENT OF DECLARATION. Neither the Association nor the Owners shall, without consent of 75% of all first Mortgagees of record of the Lots, seek by act or omission to abandon this Declaration or cause any Lot to be removed from the provisions hereof. 12.2. PARTITIONS AND SUBDIVISIONS. Neither the Association nor the Owners shall combine or subdivide any Lot or accept any proposal to do so without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s), so affected. 12.3. CHANGE IN ASSESSMENT METHODS, ETC. Neither the Association nor the Owners shall make any material amendment to the Declaration or Bylaws (including changes in the methods of allocating assessments among the various Lots) without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s) for which the method of assessment allocation would be changed. 12.4. COPIES OF NOTICES. Written notice that an Owner/Mortgagor of a Lot has for more than thirty (30) days failed to meet any obligation under the Declaration or Bylaws shall be given by the Association to any first Mortgagee of such Lot who has requested to so be notified. Any first Mortgagee shall, upon request, be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 12.5. EFFECT OF DECLARATION AMENDMENTS. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provisions of this Declaration conferring rights upon Mortgagees which is inconsistent with any other provisions of said Declaration or the Bylaws shall control over such inconsistent provisions. 12.6. INSPECTION OF BOOKS. First Mortgagees shall be entitled to inspect at all reasonable hours of week days all of the books and records of the Association, and, upon Overly Park Townhotnes Declaration page 27 89 request, to receive the annual financial statement of the Association within ninety (90) days following the end of the fiscal year of the Association. 12.7. AMENDMENTS BY BOARD. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 13 GENERAL PROVISIONS 13.1. ENFORCEMENT. Each Owner and Occupant shall comply strictly with the Bylaws, the rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. The Board of Directors may impose fines or other sanctions, which shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The Board shall have the right to record in the appropriate land records a notice of violation of the Declaration, Bylaws, rules and regulations, use restrictions, or design guidelines and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible) for violating the foregoing. 13.2. SELF-HELP. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Lot or any other portion of the Community to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates this Declaration, the Bylaws, the rules and regulations or the use restrictions. Unless an emergency situation exists, the Board shall give the violating Lot Owner ten (10) days' written notice of its intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reasonable notice. All costs of self-help, including, without limitation, reasonable attorneys' fees actually incurred, shall be assessed against the violating Lot Owner and shall be collected as provided for herein for the collection of assessments. 13.3. DURATION. The covenants and restrictions of this Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors and assigns, perpetually to the extent provided by law. 90 13.4. AMENDMENT. This Declaration may be amended unilaterally at any time and from time to time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser or mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (d) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, during the Declarant Control Period, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. In addition to the above, this Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, or the Owners of at least 67% of the Lots and the consent of Declarant until expiration of the Declarant Control Period. Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 13.5. GENDER AND GRAMMAR. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 13.6. SEVERABILITV. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 13.7. CAPTIONS. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 13.8. INDEMNIFICATION. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or Osterly Park Townhomes Declaration page 29 91 reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 13.9. BOOKS AND RECORDS. 13.9.1. Inspection by Members and Mortgagees. This Declaration, the Bylaws, copies of rules and use restrictions, membership register, books of account and minutes of meetings of the members of the Board and of committees shall be made available for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 13.9.2. Rules for Inspection. The Board shall establish reasonable rules with respect to: be made; and (a) notice to be given to the custodian of the records; (b) hours and days of the week when such an inspection may (c) payment of the cost of reproducing copies of documents. 13.9.3. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extra copies of documents at the reasonable expense of the Association. 13.10. FINANCIAL REVIEW. A review of the books and records of the Association shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the Board's financial statements at the annual 92 meeting, by a majority of the Total Association Vote, the Owners may require that the accounts of the Association be audited as a common expense by a certified public accountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request. 13.11. NOTICE OF SALE, LEASE OR ACQUISITION. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 13.12. AGREEMENTS. All agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 13.13. IMPLIED RIGHTS. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 13.14. VARIANCES. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community; provided, however, that no variance shall be contrary to City of Tukwila ordinances, all of which must be complied with by Owners. Osterly Park Townhoines Declaration page 31 93 EXECUTED as of the day and year first set forth above. DECLARANT: 144th Street REO Partners, LLC, STATE OF WASHINGTON COUNTY OF KING ss. By: Print Name: Julia Overbeck Its: Managing Member On this day personally appeared before me Julia Overbeck to me known to be the Managing Member of 144th Street REO Partners, LLC a limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Seattle, WA 94 Oster!), Park Townhornes Declaration Exhibit A 95 EXECUTED as of tho day and year first set forth above. DECLARANT: JULIA OVERBECK, A WASHINGTON RESIDENT By: Printed Name: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that (Julia Overbeck) is the person who appeared before me, and said person acknowledged that (she) signed this instrument and acknowledged it to be (her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated (Seal or stamp) 96 (Signature) Title My appointment expires EXHIBIT A LEGAL DESCRIPTION Plat of Osterly Park Townhomes, Osterly Park Townhomes Lot 1 Osterly Park Townhomes Lot 2 Osterly Park Townhomes Lot 3 Osterly Park Townhomes Lot 4 Osterly Park Townhomes Lot 5 Osterly Park Townhomes Lot 6 Osterly Park Townhomes Lot 7 Osterly Park Townhomes Lot 8 Osterly Park Townhomes Lot 9 Osterly Park Townhomes Declaration 97 EXHIBIT B DESCRIPTION OF COMMON AREAS TRACT A THE WEST 16.79 FEET OF THE NORTH 161.16 FEET OF LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; AND TOGETHER WITH THE EAST 13.21 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 3.5 FEET CONVEYED TO THE CITY OF TUKWILA BY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. RECREATIONAL TRACT B THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, THENCE; BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL: THENCE SOUTH 01'09'52" WEST, ALONG THE WEST LINE OF SAID PARCEL, 135.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°09'52" WEST 25.25 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 87°33'54" EAST, ALONG SAID SOUTH LINE, 51.94 FEET; THENCE NORTH 01°09'52" EAST 26.40 FEET; THENCE NORTH 88°50'22" WEST 51.92 FEET TO THE TRUE POINT OF BEGINNING. Osterly Park Townhornes Declaration 98 EXHIBIT C DESCRIPTION OF VEHICULAR ACCESS (Lots [11 [2], [5) and [6] NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 1.2. 5, AND 6 THAT PORTION OF THE LOTS 1, 2, 5, AND 6, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF THE EAST 20.00 FEET OF LOT 1; AND THE SOUTH 12 FEET OF LOT 2; AND THE NORTH 12 FEET OF THE EAST 20 FEET OF LOT 5; AND THE NORTH 12 FEET OF LOT 6. Osterly Park Townhomes Declaration 99 EXHIBIT D DESCRIPTION OF VEHICULAR ACCESS (Lots (3], [4], [7]and (8) NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 3, 4, 7, AND 8 THAT PORTION OF THE LOTS 3, 4, 7, AND 8, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF LOT 3; AND THE SOUTH 12 FEET OF THE WEST 20.00 FEET OF LOT 4; AND THE NORTH 12 FEET OF LOT 7; AND THE NORTH 12 FEET OF THE WEST 20.00 FEET OF LOT 8. Osterly Park Townhomes Declaration 100 EXHIBIT E ADDITIONAL ITEMS 101 PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: LOT 1 Course: S 87-35-33 E Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 210.175 Area: 2252.418 Mapcheck Closure - (Uses listed Error of Closure: 0.0009 Precision 1:245065.74 Figure Name: LOT 2 Course: S 87-35-33 E Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 192.892 Area: 1633.807 Mapcheck Closure - (Uses listed Error of Closure: 0.0004 Precision 1: 514549.13 Figure Name: LOT 3 Course: S 87-35-33 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 177.630 Area: 1466.436 Mapcheck Closure - (Uses listed Error of Closure: 0.0004 Precision 1: 423769.38 102 Distance: 30.007 Distance: 74.757 Distance: 30.000 Distance: 75.411 0.052 acres courses & COGO Units) Course: S 03-10-13 E Distance: 21.930 Distance: 74.280 Distance: 21.925 Distance: 74.757 0.038 acres courses & COGO Units) Course: N 26-58-05 E Distance: 21.929 Distance: 66.648 Distance: 21.928 Distance: 67.125 0.034 acres courses & COGO Units) Course: N 58-50-22 W PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: LOT 4 Course: S 87-35-33 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-38 E Perimeter: 192.671 Area: 1989.958 Mapcheck Closure - (Uses listed Error of Closure: 0.0006 Precision 1: 298779.52 Figure Name: LOT 5 Course: S 88-50-22 E Course: S 01-09-52 W Course: N 88-50-22 W Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 174.000 Area: 1677.000 Mapcheck Closure - (Uses listed Error of Closure: 0.0000 Precision 1: 174000000.00 Figure Name: LOT 6 Course: S 88-50-22 E Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Course: S 88-50-22 E Course: N 01-09-52 E Perimeter: 163.850 Area: 1282.713 Mapcheck Closure - (Uses listed Error of Closure: 0.0000 Precision 1: 163850000.00 Distance: 30.007 Distance: 66.016 Distance: 30.000 Distance: 66.648 0.046 acres courses & COGO Units) Course: N 09-59-55 E Distance: 30.000 Distance: 46.000 Distance: 3.000 Distance: 11.000 Distance: 27.000 Distance: 57.000 0.038 acres courses & COGO Units) Course: S 00-00-00 W Distance: 21.925 Distance: 57.000 Distance: 24.925 Distance: 11.000 Distance: 3.000 Distance: 46.000 0.029 acres courses & COGO Units) Course: N 00-00-00 E 103 PLAT OF Figure Name: LOT 7 Course: S 88-50-22 E Course: S 01-09-38 W Course: S 88-50-22 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 161.860 Area: 1242.139 Mapcheck Closure - (Uses listed Error of Closure: 0.0003 Precision 1: 606365.55 Figure Name: LOT 8 Course: S 88-48-02 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-38 E Course: N 88-50-22 W Course: N 01-09-38 E Perimeter: 169.980 Area: 1613.695 Mapcheck Closure - (Uses listed Error of Closure: 0.0004 Precision 1: 469248.25 Figure Name: LOT 9 Course: S 88-50-22 E Course: S 01-09-38 W Course: N 87-49-57 W Course: N 01-09-52 E Course: S 87-33-54 E Course: N 01-09-52 E Perimeter: 501.667 Area: 12017.484 Mapcheck Closure - (Uses listed Error of Closure: 0.0009 Precision 1: 550728.45 104 PROJECT: 07181 OSTERLY PARK TOWNHOMES CITY OF TUKWILA Distance: 21.928 Distance: 46.000 Distance: 4.000 Distance: 9.000 Distance: 25.932 Distance: 55.000 0.029 acres courses & COGO Units) Course: S 88-52-00 E Distance: 30.000 Distance: 54.980 Distance: 26.000 Distance: 9.000 Distance: 4.000 Distance: 46.000 0.037 acres courses & COGO Units) Course: N 02-15-13 E Distance: 51.932 Distance: 182.515 Distance: 68.745 Distance: 152.611 Distance: 16.795 Distance: 29.069 0.276 acres courses & COGO Units) Course: N 59-20-38 W PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: TRACT A Course: S 87-35-32 E Course: S 01-09-52 W Course: S 87-35-33 E Course: S 01-09-52 W Course: N 87-33-54 W Course: N 01-09-52 E Perimeter: 375.392 Area: 4,672.002 Error of Closure: 0.0014 Precision 1: 273523.30 Figure Name: TRACT D Course: S 88-50-22 E Course: S 01-09-52 W Course: N 87-33-54 W Course: N 01-09-52 E Perimeter: 155.510 Area: 1340.887 Mapcheck Closure - (Uses listed Error of Closure: 0.0003 Precision 1:537711.57 Distance: 13.213 Distance: 6.502 Distance: 16.795 Distance: 151.194 Distance: 30.007 Distance: 157.681 0.106 acres Course: N 58-48-14 W Distance: 51.925 Distance: 26.401 Distance: 51.938 Distance: 25.246 0.031 acres courses & COGO Units) Course: S 51-39-58 E 105 NEW 10 FOOT SANITARY SEWER EASEMENT (EAST LINE PLAT) THE EAST 10.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS; PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; NEW 10 FOOT SANITARY SEWER EASEMENT (WEST LINE PLAT) THE WEST 10.00 FEET OF THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 3.5 FEET CONVEYED TO THE CITY OF TUKWILA BY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. 106 NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 1, 2, 5 AND 6 THAT PORTION OF THE LOTS 1, 2, 5 AND 6, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF THE EAST 20.00 FEET OF LOT 1; AND THE SOUTH 12 FEET OF LOT 2; AND THE NORTH 12 FEET OF THE EAST 20 FEET OF LOT 5; AND THE NORTH 12 FEET OF LOT 6. NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 3, 4, 7 AND 8 THAT PORTION OF THE LOTS 3, 4, 7 AND 8, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF LOT 3; AND THE SOUTH 12 FEET OF THE WEST 20.00 FEET OF LOT 4; AND THE NORTH 12 FEET OF LOT 7; AND THE NORTH 12 FEET OF THE WEST 20.00 FEET OF LOT 8. 107 O CITY OF TUKWILA FILE NO. L14-0066 Cly of Tokyoite Department of Community Development 0300 southeenter Boulevard, Tetrad's, WA OS tee Telephone (200) 431.3070 FAX (200)431-003 E•m.11: tolmienegtukwlls.we.o. Found 2" brass disk wrX` in concrete in case - 11/11/07 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 3.5' conveyed to the City of Tukw4o Rec. /20050518000267 N87135'33- W (c) n87.35.521W (m) South 144th Street !,r1 -50, - O _ - _ yon 0 GRAPHIC SCALE Set concrete monument in case \- on the northerly projetion of the centerline of Trocl A with the centerline of 5. 144th St. - 7/15 10' Exception for Rood Rec. #6060692. - 1.20)'0952•E I l 3 66.94 6 50" ' _ _ _ 58TJS'5 -- -- '- 197. . . +30.01' ''21 93'-'1 I o -- 1 u 587'35'33"E 4411r -)_ LOT LOT w 16. i9r' LOT i,. EXCEPTION North end 4' chain link fence is 0.3' north & 0.9' 1 8501 2_ ,`'lrn / p vi w - y - 3 658E4 NEW PRIVATE SANITARY east of set rebcr w ca e I w SEWER EASEMENT REC ,n t0. -9. P, p n_6, (C0 Ip . n u Qe n= .` I ,vz 14 New Private 2 ' 1 - ,-$_ „ z 7 , Idrlvewoyeasement (A) - c'7 a e_ flew Priro10 24'-- 4.- 500'50'22"(wr _588:10 '22"E drWeway easement (0) 1 REBAR W/CAP SEi-/ .:1s0 -02.00.2;.:92+ t.9 ' jr I ' tom. 3 y 30.00I 5/15/14 (1YP) o, yy,, _ y, _O [wi - C r6 8T LOT I • S • r+LOTa ows n ll! 1 0 7 tw„ S t: 1.o5I Q^d^o5 . SS o mio NEW PRIVATE SANITARY 5 ). .- In EI !8,7;''''15 ha h Z $g pi,, I , 'n n 4iog rCn Imp SEWER EASEMENT REC. ,PO ..?c:' Is l0 O NVOS O o, ti ! N r'M 10' 958E - oo, o` 1 10' 2700'2:; I 24.92' 3 II I 25,93:...-_' 26. -- 51.92, .... • 'II ink 5t18'SU 22'E __.b 'S0 22" 'I 10' NEW PRIVATE SANITARY SEWER E I, - I I EASEMENT REC. [f__-__ ii J _q._.. 51.91•-. 301 T"- 516.22 -E __ w t - 58T134"E - ;2000 TRACT 8: I (2)) TI emp- ". 12 I Temporay TEMPORARY TEMPORARY parking spaces... ; Landsc0Po RECREATIONTRACT I I ^ u ^ o Easement Private Ingress. egress and '4P Utilities Easement Rec. No. , _ I to Seattle City Light Easement, Rec. 30. 20110420000543 1 3 PHASE 2 ( 10 TET) 1 Inch • 30 IL 5 20131001001350 10 Drainage Easement KC Rec. No. 6319966 I` r mr Q N I LOT -1 _I 387'49'57"W m LEGEND ¢ Concrete Monument in Case 0 Set 2"x2" hub w/lock + Monument no 0050 (P) Plat bearing or dislonce )( Tock in Lead or Nal & Disk (c) calculated bearing or distance O Set rebor w/cop /23604 - - Old Lot Lines .1 Found pipe or rebor - - - Eosement Lines Boundary Lines GP Guest. Parking I6 2430.54' (in) Found brass pin n/punch mark N concrete in case - 11/11/07 1748.47 Basis of Bearing of this survey are monuments found of the Intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 14811, Street. LOT WIDTHS 1015 RANCE IN X101145 FROM 2192 FEET 10 30.01 FEET LOT AND TRACT AREAS TRACT A e 4.621 sf t or all cores i RECREATION TRACT B (TEMP) 1,341 sf t or 0.03 acres ± LOT 1 = 2,252 5) ± or 0.05 acres i LOT 2 = 1.634 sf t or 0.04 acres ± LOT 3 = 1.466 sf 3 or 0.03 acres t LOT 4 = 1.990 sl t or 0.05 acres t LOT 5 = 1,677 sl i or 0.04 acres t LOT 6 = 1,283 sl t or 0.03 acres t LOT 7 = 1.242 sl t or 0.03 acres ± LOT 6 = 1,614 sl ± or 0.04 acres t LOT 9 12.017 sl t or 0.28 acres ± SURVEY NOTES 1. Field data for this survey was obtained by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by a steel lope. This survey meets or exceeds the standards cenlo&ned in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS. VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47. PAGES 91 TO 93: 14422 THIRTY FOURTH SOUTH. A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90: ROS 143/125 Found 2" brass disk w/punch murk In concrete In toss - 11/11/07 South 148th Street SHEET 3 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS Pa. Boo 013, Seehuest, V.s0natan 90062 (2061 4.2-662) 6AX 12110243-9679 DATE: 9/16/09 PROJECT N0. 07181 012(5N BY LAW .106 NO. 530/4 FIELD DATE 11/11/07 REVISED 8/26/15 DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington LEGAL DESCRIPTIONS LOT 5, BLOCK 2, ADAMS HOME TRACTS, A5 PER PLAT RECORDED IN VOLUME 11 OF PLATS. PACE 31. RECORDS OF KING COUNTY, WASHINGTON: EXCEPT THE EAST 60 FEET THEREOF: AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES 8Y DEED RECORDED JULY 27, 1966. UNDER RECORDING NUMBER 6060692: ANO THE EAST 65.15 FEET OF LOT 4. BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PACE .31. IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 3.5 FEET CONVEYED TO THE CITY OF TUKWILA 8Y BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267 THEREOF. PROPERTY NOTES 1. TRACT 'A' RECORDED UNDER KING COUNTY RECORDING NUMBER IS A N OSTERLY PARK TOWNHOMES SHAREIIUNDVIE DED AND EQUALSS ANDUTILITIES INALL LOTS OWNERSHIP OF TRACT A. MAINTENANCE OF TRACT 'A' SHALL OE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TIRE OR INTEREST TD THE BENEFITED PROPERTY. 2. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT D RECORDED UNDER KING COUNTY RECORDING NUMBER SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION. 3. THE 10 FOOT PRIVATE SANITARY SEWER EASEMENTS RECORDED UNDER RECORDING NUMBER ARE FOR THE BENEFIT OF THE LOTS SHOWN ON THIS SUBDIVISION. MAINTENANCE, REPAIR. AND/OR REBUKDING OF THESE FACIUYES SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF 5144ICH SHALL RUN WITH THE LAND AND 8E BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. KNOW ALL PEOPLE BY THESE PRESENTS, 114AT VE, THE UNDERSIGNED OWNERCS) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCV 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MAGE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OVNERCS). KNOW ALL. PEOPLE BY THESE PRESENTS THAT VE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED. DECLARE, DEDICATE ALL TRACTS AND EASEME1115, TO THE PERSONCS) OR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER THE DEDICATION OF THE PROPOSED TRACTS AND UTILITIES ARE SUBJECT TO THEM COMPLETION BY 114E DEVELOPER AND ACCEPTANCE AND APPROVAL BY THE PUBLIC WORKS DIRECTOR THAT 714E1 HAVE BEEN COMPLETED TO CITY STANDARDS, IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF , 20___ Mike Overbeck ACKNOWLEDGMENTS Julio D. Overbeck STATE OF WASHINGTON COUNTY OF I CERTIFY THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO 8E CHIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN 111E INSTRUMENT, SICNATURE OF NOTARY PUBUC PRINTED NAME DATED MY APPONTMENT EXPIRES STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE CHIS/HER) FREE ANO VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBUC PRINTED NAME DATED MY APPOINTMENT EXPIRES RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 20_ AT M. IN BOOK OF AT PACS AT THE REQUEST OF NCR SUPT. Of RECORDS TUKWILA APPROVALS EXAMINED AND FOUND TO BE IN CONFORMITY N1TH SURVEY DATA, LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS OF WAY DESIGN OF SEWAGE AND WATER SYSTEMS. DRAINAGE SYSTEMS AND OTHER LAND USE CONTROLS. EXAMINED AND APPROVED 7111S DAY OF , 20 . PUBLIC WORKS DIRECTOR ALL INSTALLED IMPROVEMENTS ARE IN ACCORDANCE WITH THE PRELIMINARY PLAT APPROVAL THE SUB DIVIDER HAS EXECUTED BOND AGREEMENTS N ACCORDANCE 94111 TMC 17.024.030 TO ASSURE COMPLETION OF REMAINING REQUIRED IMPROVEMENT'S ANO CONSTRUCTION PLANS. PUBLIC WORKS DIRECTOR CITY OF TUKWLA TREAB egn CERTIFiCATg I HEREBY CERTIFY THAT THERE ARE NO 0E0NQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS. ALLEYS OR FOR OTHER PUBLIC USE 91413 ARE PAID IN FULL ON THIS DAY OF 20_ FINANCE DIRECTOR MAYOR AND CLERKS APPROVAL EXAMINED ANO APPROVED THIS DAY OF 20 MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY TREASURER'S C ERRACATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE ND DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FUR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS CR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF KAYO COUNTY DEPARTAENr OF ABJT9 EXAMINED ANO APPROVED THIS — DAY OF 20 K1N0 COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER DQ1Dg000RR and 0040000094 [sITEJ SOUTH 144TH STREET SOUTH 148TH STREET VICINITY NOT TO SCALE LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON, THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 00000 SURVEY NOTES 1. Field data for this survey was obtained by direct field measurements. Angular and linear relationships were measured with 0 six second theodolite and electronic measuring device, supplemented by o steel lope. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS. VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, PACES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 BASIS OF BEARING BASIS OF BEARING 14422 THIRTY FOURTH SOUTH CONDOMINIUM. VOL. 47/89 SHEET 1 OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PC Box 013, Seohuret. Vashkgton 9006 C206) 212-6621 fAX (206,243-9679 DATE: 9 16/09 JOB NO. 530/4 PROJECT NO. 07181 5RW11 8Y LAW FIELD DATE 11/11/07 REVISED 3/11/15 i MI BM 1M f. f. City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 3.5' conveyed to the City of Tukwila Rec. /20050518000267 South 744th Street Tl O' E.ceplion for Rood N87'35'33* W (c) N87'35'52 -W (m) Rec, {6060892. - „) 2430.54' (m) 0 Nath lend 4' chain Iklk_ fence Ie 0.3' north 6 0.9' east of set mbar w/cap do -;.-700", I cv j S87'35'33'E 30.01' _ "'21.93'' LOT LOT 1 �dL2 I- W W � pn N� m 10' 9 P �1L1 z New Private - driveway easement (J) S88'F7'22'E 130.00 21.92' 13.21 ,30 n oo' W 6O?'99'52-E c n 0 - - 21.93 � .3.30.0110.O1_� - .- .- Found brass pin w/punch mark 10 concrete In cos. - 11/11/07 176.47' LOT LOT 3271-47)V. N b b Q ti O S88 5O'22'E LOT LOT W = L20T 115 N Ws -qz 7; tt$ Ng SNY;„S$ al ms s e - vs FT n Y N 271 OO'2 -24.92•- s o 51.92 10' NEW PRIVATE SANITARY SEWER -v.. �155.8'SO 22'E 'oe EASEMENT REC. 8 M I ui PHASE 2 S87'33'54'E TRACT 0: TEMPORARY RECREATION TRACT GRAPHIC SCALE ( DI rut ) since -as n. LEGEND • Concrete Monument in Case + Monument no ease )q Tack In Leod or Nail & Disk O Set ,.bar or/cap 123604 r9 Found pipe or rebor flounder), Lines 88 3 110' 25 g3' 2690' S88'51122'E n • 3'54 - 16.79' (2) Temp,-" parking spaces LOT 9 w 68.75' 587'49'57'W 0 Set 2'.2' hub w/tock (9) Plot bearing or distance (c) corculoted beefing or distance - - - Old Lot Lines - - - Easement Lines CP Coast Parking New Private 24' driveway eosement (k) --10' NEW PRIVATE SANITARY SEWER EASEMENT REC. 5 6 Rfj(o) �n Basis of Dearing of this survey are monument, found of the Intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. LOT AND TRACT AREAS TRACT A w 4,672 .f ± or 0.11 acres * RECREATION TRACT 0 w 1.341 of or 0.03 acres * LOT 16 - 1,242 aft or 0.03 acres * LOT 17 - 1,614 sf ± or 0.04 acre, * LOT 18 - 1,466 al 3 or 0.03 acres t LOT 19 w 1,990 sf * or 0.05 acres ± LOT 20 w 2,252 sf t or 0.05 acres * LOT 21 w 1,634 sf d: or 0.04 octet * LOT 22 - 1,677 of ± or 0.04 acres t LOT 23 - 1,283 of * or 0.03 acres * LOT 24 - 1.810 .f ± or 0.04 ocres t LOT 100 - 12,017 sl t or 0.28 acre. d: LOT WIDTHS LOTS RANGE IN WITDNS FROM 21.92 FEET TO 30.01 FEET Found 2' brass disk w/punch mark In concrete In cone - 11/11/07 South /48th 0.04 a______4 SHEET 2 OF 3 J u CO Ea j 0113:1o � 7N Q'10 z SCHROETERR1LAND SURVEYING PROFESSIONAL LAND SURVEYORS Pb Dos Ola, Ssnh,rat, Washington 90062 (2061 242-6621 TAX 42061243-9679 DATE 9/18/09 PROJECT NO. 07181 IIRWN 8Y LAW JO9 N0. 50./4 FIELD DATE 11/11/07 NLVISLU 03/11/15 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) , Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington ASBUILT CONDITION S 08/13/08 Existing he hydrant TF Pi South 144th Set-eel DETAIL: EASEMENT LOCA TIONS — . — _ — _. — ( I— I New Private 24' drivewa03y r � ILOT 1 I— — 1 I South _ LOT 2 144th _ —.f - co ,..�_ 1 _ Street _ ry _ .— .— _ _ LOT LOT 3 4 o ��-- —p( NI SCI. vomit curb cu °�MMemi=lp—= North end {'. chole link fence Is 0,3' north & 0.9' 4691 of net ,char w/cop wood fence O.9' —7 �% P Q% ^ an rn �S' cop y0 1_—nconcre a to concrete walk 65.15 NB7J5'J2�W a.vr �.. S hlhg j 0 wee I34z1 tf 9gad deck . -. T'•• \ orpat n�— _ ,t .,._,�„_� t �6 ,77 alnled g• sewer tine (green) •o y F /bar edge concrete TL 0040000094 0' Exception for Road �_ 'rov 0 ,� cut --- o • I I N — easement (J) for the benefit of Townhornes 20. 21, 22 and 23 I IJ o 4) _ — 92' • Ill Ur Lu fes• U 1 _ 41.•J' o Nest rivevray easement Private(1) far dthe benefit of Townhomes 16, 17. 18 and 19 1 I 10' NEW PRIVATE SANITARY SEWER EASEMENT 1 New Private 5' sidewoik-, IH �1 LOT I 5 I 93_ — LOT 6 25.92 4 47' w 2 F- .1 �)=. U z Z — 41.•J LOT 7 LOT 8 25,_9S �� 1.1' i- O �+ ATi f.Sv L3' • /\ 4 1 ,� T— TL 0040000088 L __ g n Lot Linn to be Removed r •d' Found old cb standing water 1 down 5' (no O. whet found) -• R �5 m di wood fence h L CL 6904 a'n ou 3 S a ry 9 /� N 2yr/tack-7'1,.;,...' net n2 w/toe f Existing Building T ri •;••••:, % /Erblln9 Building / easement (N) for the \ I bene0t of Townhomes 22 and 23 — — — --_. I I TRACT D: TEMPORATY TRACT RECREATION TRACT 2 Temp parking 25.93' spaces LOT 100 `- 12`� v5 EN87J3.5rW 7; a,«w, P e e i c• ' ^r i °ora. —10' NEW PRIVATE SANITARY SEWER EASEMENT IMOQ414fRBOI GRAPHIC SCALE I 1 —offset 1 rebw/cop 2.00' vest GRAPHIC SCALE n m m a / - 1111— illi ini In (0)2015) 1 loch _ 00 ft. — — LEGEND �eholn link fence Is of Inc f•R� 1 I 68.75' N8749'5rW (c) No ® Concrete Monument in Case al Catch BosIn 3( Tack In Lead or Nail h Disk DO Cos VO(ye O Set rebor w/cop 123604 Water Valve • Found pipe or rebel, DO 76 "gone 41 sewer manhole na, Power pole tp Deciduous Tree ® storm drain manhole ,�A� y' If Evergreen Tree wnp ower water mole, p pole r/ilght 1 Inch ) fl. SHEET 3 OF 3 SCHROETER .1. PROFESSIONAL P.D. sox 917, SeaMx-wt, V.sMnaten LAND SURVEYING (AND SURVEYORS 90062 ,2061 242-662) TAn 806)2.]-9679 DATE: 9/16/09 PROJECT N0. 07181 DRAW BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 3/11/15 Annual Storm Drain Maintenance Plan Instructions The Osterly Park Townhomes StormTech system shall be inspected annually by an authorized contractor. As of the date of this document, authorized contractors include the following: Western Washington Vac Companies Lavelle Vac & Drainage Tom LaVe1Ie 253.815.0988 Torn@alvellevac.com Federal Way, WA ProVac Hank Celigoy 253.435.4328 hank@pro-vac.com Puyallup, WA Catchall Environmental Jeff McInnis PE (with BergerAbam) 253.572.0989 Jeff@catchallenvironmental.com Tacoma, WA Bravo Environmental Ashley Baldwin 6437 S 144th St. Tukwila, WA 98168 425.424.9000 Oregon Vac Companies Bravo Environmental 4927 NW Front Ave. Portland, OR 97210 503.261.9800 Metro Rooter & Plumbing (MRP Services) 10630 NE Marx St. Portland, OR 97220 503.253.4828 Lovett 6920 NE 42nd Ave. Portland, OR 97218 503.737.8423 113 P 114 The Osterly Park Townhomes annual StormTech system inspection and maintenance procedures shall include the following: INSPECTION: The frequency of inspection and maintenance shall be annual. This inspection schedule was established based upon site specific variables and land use which anticipates pollutant load, percent imperviousness, climate, etc. which all play a critical role in inspection and maintenance requirements. The isolator row should be inspected for sediment deposition. The Isolator Row incorporates a combination of standard manholes and strategically located inspection ports. The inspection ports allow for easy access to the system from the surface, eliminating the need to perform a confined space entry for inspection purposes. If upon visual inspection it is found that sediment has accumulated, a stadia rod should be inserted to determine the depth of sediment. When the average depth of sediment exceeds 3 inches throughout the length of the Isolator Row, clean-out should be performed. MAINTENANCE: The Isolator Row was designed to reduce the cost of periodic maintenance. By "isolating" sediments to just one row, costs are dramatically reduced by eliminating the need to clean out each row of the entire storage bed. If inspection indicates the potential need for maintenance, access is provided via a manhole(s) located on the end(s) of the row for cleanout. If entry into the manhole(s) is required, local and OSHA rules will be followed for confined space entries. The actual maintenance process is accomplished via the JetVac process. The JetVac process utilizes a high pressure water nozzle to propel itself down the Isolator Row while scouring and suspending sediments. As the nozzle is retrieved, the captured pollutants are flushed back into the manhole for vacuuming. Most sewer and pipe maintenance companies have vacuum JetVac combination vehicles. Selection of an appropriate JetVac nozzle will improve maintenance efficiency. Fixed nozzles designed for culverts or large diameter pipe cleaning are preferable. Rear facing jets with an effective spread of at least 45" are best. Most JetVac reels have 400 feet of hose allowing for maintenance of an Isolator Row up to 50 Chambers long. ei,Ac�@� - _ - (Seethernap.be1owwhich identifies ie-loeatien of tike ports and manholes of the Osterly Park Townhomes StormTech System! For additional information concerning the StormTech System including location(s) of access ports please see the atached StormTechManlau iwhich.is —incl de>d•as`an-Exhibit.to-this document and incorporated herein by r`efererice. �.! 1 --*l `3 The Step by Step Maintenance Procedures include the following: . • f _ _ J e 1(.i iA Step 1) Inspect Isolator Row for sediment A) Inspection ports (if present) i. Remove lid from floor box frame ii. Remove cap from Inspection riser iii. Using a flashlight and a stadia rod, measure depth of sediment and record results on a maintenance log. iv. If sediment is at, or above, 3 inch depth proceed to Step 2. If not, proceed to Step 3. B) All Isolator Rows i. Remove cover from manhole at upstream end of Isolator Row ii. Using a flashlight, inspect down Isolator Row through outlet pipe 1. Mirrors on poles or cameras may be used to avoid a confined space entry 2. Follow OSHA regulations for confined space entry if entering manhole iii. If sediment is at or above the lower row of sidewall holes (approximately 3 inches) proceed to Step 2. If not proceed to Step 3. Step 2) Clean out Isolator Row using the JetVac process A) A fixed culvert cleaning nozzle with rear facing nozzle spread of 45 inches or more is preferable B) Apply multiple passes of JetVac until backflush is clean C) Vacuum manhole sump as required Step 3) Replace all caps, lids and covers, record observations and actions Step 4) Inspect and clean catch basins and manholes upstream of the StormTech system Results of the annual inspections of the Osterly Park Townhomes StormTech system shall be recorded in a maintenance log such as the following: Date Stadia Rod Readings Sediment Depth Observations/ Actions Inspector Fixed Point to Chamber Bottom (1) Fixed Point to top of sediment (2) (1) - (2) 115 116 1 1477-,4, • s1�y��r IN ^ Storm Tech clean vr� -7 ` J/ ; I ` 1 "' out for inspection d.pE- 1 l 1.1 INTRODUCTION An important component of any Stormwater Pollution Prevention Plan is inspection and maintenance. The StormTech Isolator Row is a patented technique to inexpensively enhance Total Suspended Solids (TSS) removal and provide easy access for inspection and maintenance. Looking down the Isolator Row from the manhole opening, woven geotextile is shown between the chamber and stone base. 1.2 THE ISOLATOR ROW The Isolator Row is a row of StormTech chambers, either SC -310, SC -310-3, SC -740, DC -780, MC -3500 o' MC - 4500 models, that is surrounded with filter fabric and con- nected to a closely located manhole for easy access. The fabric -wrapped chambers provide for settling and filtra- tion of sediment as storm water rises in the Isolator Row and ultimately passes through the filter fabric. The open bottom chambers and perforated sidewails (SC -310, SC - 310 -3 and SC -740 models) allow storm water to flow both vertically and horizontally out of the chambers. Sediments are captured in the Isolator Row protecting the storage areas of the adjacent stone and chambers from sediment accumulation. Two different fabrics are used for the Isolator Row. A woven geotextile fabric is placed between the stone and the Isolator Row chambers. The tough geotextile provides a media for storm water filtration and provides a durable surface for maintenance operations. It is also designed to prevent scour of the underlying stone and remain intact during high pressure jetting. A non -woven fabric is placed over the chambers to provide a filter media for flows passing through the perforations in the sidewall of the chamber. The non -woven fabric is not required over the DC -780, MC -3500 or MC -4500 models as these chambers do not have perforated side walls. The Isolator Row is typically designed to capture the "first flush" and offers the versatility to be sized on a vol- ume basis or flow rate basis. An upstream manhole not only provides access to the Isolator Row but typically includes a high flow weir such that storm water flowrates or volumes that exceed the capacity of the Isolator Row overtop the over flow weir and discharge through a manifold to the other chambers. The Isolator Row may also be part of a treatment train. By treating storm water prior to entry into the chamber system, the service life can be extended and pollutants such as hydrocarbons can be captured. Pre-treatment best management practices can be as simple as deep sump catch basins, oil -water separators or can be inno- vative storm water treatment devices. The design of the treatment train and selection of pretreatment devices by the design engineer is often driven by regulatory requirements. Whether pretreatment is used or not, the Isolator Row is recommended by StormTech as an effective means to minimize maintenance requirements and maintenance costs. Note: See the StormTech Design Manual for detailed information on designing inlets for a StormTech system, including the Isolator Row. StormTech Isolator Row with Overflow Spillway (not to scale) MANHOLE WITH OVERFLOW WEIR ECCENTRIC HEADER OPTIONAL ACCESS OPTIONAL PRE-TREATMENT STORMTECH ISOLATOR ROW 1 1 STORMTECH CHAMBERS ) ) 2 Call StormTech at 888.892.2694 or visit our website at www.stormtech.com tor technical and product Information. 117 f I T[F 1 1 STORMTECH CHAMBERS ) ) 2 Call StormTech at 888.892.2694 or visit our website at www.stormtech.com tor technical and product Information. 117 StormTech• 2.1 INSPECTION The frequency of Inspection and Maintenance varies by location. A routine inspection schedule needs to be established for each individual location based upon site specific variables. The type of land use (i.e. industrial, commercial, residential), anticipated pollutant load, per- cent imperviousness, climate, etc. all play a critical role in determining the actual frequency of inspection and maintenance practices. At a minimum, StormTech recommends annual inspec- tions. Initially, the Isolator Row should be inspected every 6 months for the first year of operation. For subsequent years, the inspection should be adjusted based upon previous observation of sediment deposition. The Isolator Row incorporates a combination of standard manhole(s) and strategically located inspection ports (as needed). The inspection ports allow for easy access to the system from the surface, eliminating the need to perform a confined space entry for inspection purposes. If upon visual inspection it is found that sediment has accumulated, a stadia rod should be inserted to deter- mine the depth of sediment. When the average depth of sediment exceeds 3 inches throughout the length of the Isolator Row, clean-out should be performed. 2.2 MAINTENANCE The Isolator Row was designed to reduce the cost of periodic maintenance. By "isolating" sediments to just one row, costs are dramatically reduced by eliminating the need to clean out each row of the entire storage bed. If inspection indicates the potential need for main- tenance, access is provided via a manhole(s) located on the end(s) of the row for cleanout. If entry into the manhole is required, please follow local and OSHA rules for a confined space entries. StormTech Isolator Row (not to scale) CPTIONK INSPECTION PORT LOCATION PER ENdNEERC DRAWING (411100men) D PVC TTP) CATO4 SATIN OR WWNOOE Examples of culvert cleaning nozzles appropriate for Isolator Row maintenance. (These are not StormTech products.) Maintenance is accomplished with the JetVac process. The JetVac process utilizes a high pressure water noz- zle to propel itself down the Isolator Row while scouring and suspending sediments. As the nozzle is retrieved, thee captured pollutants are flushed back into the man- hole for vacuuming. Most sewer and pipe maintenance companies have vacuum/JetVac combination vehicles. Selection of an appropriate JetVac nozzle will improve maintenance efficiency. Fixed nozzles designed for cul- verts or large diameter pipe cleaning are preferable. Rear facing jets with an effective spread of at least 45" are best. Most JetVac reels have 400 feet of hose allow- ing maintenance of an Isolator Row up to 50 chambers long. The JetVac process shall only be performed on StormTech Isolator Rows that have AASHTO class 1 woven geotextlle (as specified by StormTech) over their angular base stone. COVER MIRE ROW VAIN ADS 001T NON WOVEN DEO1E%TILE (OR EOUAL) 861.0. r(2.. m)VACE STRIP 50-110ASC4103. 6(1.1 m) WIDE STRP Aiiiiiir -14111111, IIAIAA�►IAII,I�IIf!IAiRIAI I Ilr ►'./lli,r r r 1 •.1 �fi! T 1 ? ttattcr 1' 1 1 ; STORARECN Deb CAP CSC- 00 SHOWN) 6 E= —110.00-1!0.403000 A MG1100. N 0000 mn) TR 00410 A 50310-3 • 16 D001.10 PPS CNAMOER (0P160 SHOWN) 2 LAYERS Of AOS 111 WOVEN OEDTEXE E (OR E0101) BETWEEN STONE SASE AND OUAI0ERS MGM -10:(3.1 m) WIDE STRP (ADB 3196100 MO450)-126(t3 m) WEIE STRP (ADS 318(4130) 30-140 A pc -no -r (1! m) WIDE STEP (AOS 111001%) SCOt0A 80-1103-P)1.2 m1 WOE STRP(ADS 11LWTIO NOTE: NON -WOVEN FABRRC IS ONLY REQUIRED OVER THE INLET PIPE CONNECTION INTO THE END CAP FOR DC -780, MC -3500 AND MC -4500 CHAMBER MODELS AND IS NOT REQUIRED OVER THE ENTIRE ISOLATOR ROW. 118 Call Stc rmTech at 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 3 i�sCx t EDS Pr Step 1) Inspect Isolator Row for sediment A) Inspection ports (if present) 1) B) i. Remove lid from floor box frame ii. Remove cap from inspection riser iii. Using a flashlight and stadia rod, measure depth of sediment and record results on maintenance log. iv. If sediment is at, or above, 3 inch depth proceed to Step 2. If not proceed to step 3. B) All Isolator Rows i. Remove cover from manhole at upstream end of Isolator Row ii. Using a flashlight, inspect down Isolator Row through outlet pipe 1. Mirrors on poles or cameras may be used to avoid a confined space entry 2. Follow OSHA regulations for confined space entry if entering manhole iii. If sediment is at or above the lower row of sidewall holes (approximately 3 inches) proceed to Step 2. If not proceed to Step 3. Step 2) Clean out Isolator Row using the JetVac process A) A fixed culvert cleaning nozzle with rear facing nozzle spread of 45 inches or more is preferable B) Apply multiple passes of JetVac until backflush water is clean C) Vacuum manhole sump as required Step 3) Replace all caps, lids and covers, record observations and actions Step 4) Inspect & clean catch basins and manholes upstream of the StormTech system StormTech Isolator Row (not to scale) _____________________________�� �tllll!► elligoi Sample Maintenance Log 3/15/01 6.3 ft. 9/24/01 6120103 7/7/03 6.3 ft. none New installation. Fixed point is CI frame at grade djm 62 0.1 ft. Some grrt felt sm 5.5 0.5 ft. Mucky feet, debris visible in manhole and in ry Isolator row, maintenance due 0 System jetted and vacuumed djm StormTeche Detention • Retention • Water Quality A division of 11111 mum—• 70 Inwood Road, Suite 3 Rocky Hill Connecticut 06067 860.529.8188 888.892.2694 fax 866.328.8401 www.stormtech.com ADS "Terms and Conditions of Sale" are available on the ADS website, wwwads-pipe.com Advanced Drainage Systems, the ADS logo, and the green stripe are registered trademarks of Advanced Drainage Systems. Stonnteche and the Isolator° Row are registered trademarks of StormTech, Inc. Green Building Council Member logo is a registered trademark of the U.S. Green Building Council. © 2013 Advanced Drainage Systems, Inc. S090809 02/13 119 Attachment E Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.030 Subdivisions to comply with chapter, local regulations. Every subdivision shall comply with the provisions of this chapter. Every short subdivision as defined in this chapter shall comply with the provisions of any local regulation adopted pursuant to RCW 58.17.060. [1974 ex.s. C 134 § 1;1969 ex.s. C 271 § 3.] This subdivision has been reviewed by multiple departments within the City of Tukwila, including the Planning and Building divisions within Community Development, and Fire, Public Works, Police departments to ensure compliance with state and local regulations. Valley View Sewer District and Water District #125 also reviewed the subdivision and provided written approval for Phase I sewer and water infrastructure. 121 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.033 Proposed division of land— Consideration of application for preliminary plat or short plat approval— Requirements defined by local ordinance. (1) A proposed division of land, as defined in RCW 08.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official. (2) The requirements for a fully completed application shall be defined by local ordinance. The limitations imposed by this section shall not restrict conditions imposed under chapter 4.21C RCW. [1987 c 104 § 2.] (3) (1) (2) (3) This subdivision has been reviewed for consistency with the Tukwila subdivision regulations contained in TMC Chapter 17.14. The requirements for a complete subdivision application were adopted by ordinance and codified in section 17.14.030 of the TMC. This project was reviewed for compliance with chapter 43.12C and received a SEPA Determinatio n of Non - Significance. 122 Consistency with Applicable State Subdivision Requirements (RCW 58.17) 123 A preliminary plat of proposed subdivisions and dedications of Met RCW 58.17.070 land shall be submitted for approval to the legislative body of the city, town, or county within which the plat is situated. Preliminary Unless an applicant for preliminary plat approval requests plat of otherwise, a preliminary plat shall be processed simultaneously with subdivisions applications for rezones, variances, planned unit developments, site and plan approvals, and similar quasi-judicial or administrative actions to dedications— the extent that procedural requirements applicable to these actions Submission for permit simultaneous processing. approval— [1981 c 293 § 4;1969 ex.s. c 271 § 7.] Procedure. Notice of the filing of a preliminary plat of a proposed subdivision The Notice of RCW 58.17.080 adjacent to or within one mile of the municipal boundaries of a city or Application for town, or which contemplates the use of any city or town utilities shall this project was Filing of be given to the appropriate city or town authorities. Any notice sent to the City preliminary required by this chapter shall include the hour and location of the of SeaTac and to plat—Notice. hearing and a description of the property to be platted. Notice of the the City of filing of a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to Burien. appropriate county officials. Notice of the filing of a preliminary plat Notice of the of a proposed subdivision located adjacent to the right-of-way of a filing of the state highway or within two miles of the boundary of a state or preliminary plat municipal airport shall be given to the secretary of transportation. In was provided to the case of notification to the secretary of transportation, the secretary shall respond to the notifying authority within fifteen days county officials, including the of such notice as to the effect that the proposed subdivision will have King County on the state highway or the state or municipal airport. Assessor's Office [1982 C 23 § 1; 1969 ex.s. c 271 § 8.] and King County Metro. The site is not adjacent to a state highway. Neither SeaTac International Airport nor King County International Airport/Boeing Field are classified as state or municipal airports. 123 Consistency with Applicable State Subdivision Requirements (RCW 58.17) 124 (1) Upon receipt of an application for preliminary plat approval Notices for the RCW 58.17.090 the administrative officer charged by ordinance with responsibility for preliminary plat administration of regulations pertaining to platting and subdivisions approval of this Notice of public shall provide public notice and set a date for a public hearing. Except project met hearing. as provided in RCW 36.7oB.11o, at a minimum, notice of the hearing these shall be given in the following manner: requirements. (a) Notice shall be published not Tess than ten days prior to the See staff report hearing in a newspaper of general circulation within the county and a for Notice of newspaper of general circulation in the area where the real property Hearing dates which is proposed to be subdivided is located; and and notice types. (b) Special notice of the hearing shall be given to adjacent Notices for public landowners by any other reasonable method local authorities deem hearings necessary. Adjacent landowners are the owners of real property, as associated with shown by the records of the county assessor, located within three land use hundred feet of any portion ofthe boundary of the proposed applications are subdivision. If the owner ofthe real property which is proposed to be published within subdivided owns another parcel or parcels of real property which lie the Seattle adjacent to the real property proposed to be subdivided, notice under Times 14 days this subsection (1)(b) shall be given to owners of real property located prior to the date within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. ofthe notice, posted on site, and mailed to (2) All hearings shall be public. All hearing notices shall include a surrounding description of the location of the proposed subdivision. The property owners description may be in the form of either a vicinity location sketch or a and tenants written description other than a legal description. within 500 feet of [1995 c 347 § 426; 1981 C 293 § 5; 1974 ex.s. C 134 § 4;1969 ex.s. C 271 § the project site. 9•l Any notice made under chapter 58.17 or 36.7oB RCW that identifies The property RCW 58.17.092 affected property may identify this affected property without using a address, parcel Public notice— legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or numbers, and vicinity map Identification other reasonable means. were used to of affected [1995 c 347 § 427; 1988 c i68 § 12.1 identify this property. project in notice materials. 124 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.1oo Review of preliminary plats by planning commission or agency— Recommendati on—Change by legislative body— Procedure— Approval. If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions. Such recommendation shall be submitted to the legislative body not later than fourteen days following action by the hearing body. Upon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set the date for the public meeting where it shall consider the recommendations of the hearing body and may adopt or reject the recommendations of such hearing body based on the record established at the public hearing. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recommendation approving or disapproving any preliminary plat is necessary, the legislative body shall adopt its own recommendations and approve or disapprove the preliminary plat. Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. A record of all public meetings and public hearings shall be kept by the appropriate city, town or county authority and shall be open to public inspection. Sole authority to approve final plats, and to adopt or amend platting ordinances shall reside in the legislative bodies. [1995 c 347 § 428;1981 c 293 § 6;1969 ex.s. c 271 § 10.] Met 125 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.110 Approval or disapproval of subdivision and dedication— Factors to be considered— Conditions for approval— Finding— Release from damages. (1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. (2) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the legislative body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners. (3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, town, or county legislative body must adopt the designated name. [1995C32§3;1990sstex.s.C17§52;19890330§3; 1974 ex.s. c 134 § 5; 1969 ex.s. C 271 § 11.] This project was reviewed during the preliminary plat stage for compliance with the City's Comprehensive Plan and zoning requirements to ensure that the public interest would be served by its establishment. Project plans were reviewed by departments within the City and applicable utility agencies to ensure it includes appropriate provisions for public health, safety, and general welfare, for open spaces, storm drainage, streets, transit stops, potable water supplies, sanitary wastes, playgrounds, and safe walking conditions for students who walk to school. There are no public dedications proposed as part of this project. 126 Consistency with Applicable State Subdivision Requirements (RCW 58.17) 127 The city, town, or county legislative body shall consider the This subdivision RCW 58.17.120 physical characteristics of a proposed subdivision site and may has been disapprove a proposed plat because of flood, inundation, or swamp reviewed by the Disapproval conditions. Construction of protective improvements may be required Public Works due to flood, inundation or as a condition of approval, and such improvements shall be noted on the final plat. Department for conformance swamp No plat shall be approved by any city, town, or county legislative with storm conditions— authority covering any land situated in a flood control zone as drainage Improvements provided in chapter 86.16 RCW without the prior written approval of requirements. —Approval the department of ecology of the state of Washington. conditions. [1974 ex.s. C 134 § 6; 1969 ex.s. C 271 § 12.] The land on which this subdivision is located is not within a flood control zone. RCW 58.17.130 Local regulations shall provide that in lieu of the completion of the All infrastructure actual construction of any required improvements prior to the for Phase 1 of the Bond in lieu of approval of a final plat, the city, town, or county legislative body may Osterly Park actual accept a bond, in an amount and with surety and conditions Townhomes was construction of satisfactory to it, or other secure method, providing for and securing constructed as improvements to the municipality the actual construction and installation of such part of the Public improvements within a period specified by the city, town, or county Works permit. priorto legislative body and expressed in the bonds. In addition, local approval of regulations may provide for methods of security, including the posting Site final plat— of a bond securing to the municipality the successful operation of improvements Bond or improvements for an appropriate period of time up to two years after likely to be security to final approval. The municipality is hereby granted the power to damaged during assure successful enforce bonds authorized under this section by all appropriate legal and equitable remedies. Such local regulations may provide that the improvements such as structures, sewers, and water systems shall be construction, including a perimeter fence, operation of designed and certified by or under the supervision of a registered civil recreation area improvements. engineer prior to the acceptance of such improvements. [1974 ex.s. C 134 § 7;1969 ex.s. C 271 § 13.] and equipment, landscaping, irrigation, lighting, lighting fixtures, and colored and patterned pavement areas are proposed to be deferred to the final inspection of the building permit for each lot. 127 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.140 Time limitation for approval or disapproval of plats— Extensions. (1) Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW c8.17.og4(3): PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.ow, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. (2) Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. (3)(a) Except as provided by (b) of this subsection, 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 seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. (b) 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 ten years of the date of preliminary plat approval if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007. (4) 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. [2o13c16§1; 2012092§1;2010079§1; 1995c68§1; 1986c233§2; 1983 C 121 3; 19810293§7; 1974 ex.s. C 134 § 8; 1969 ex.s. C 271 § 14.] This application received preliminary approval on March 26, 2012. Final plat approval for both phases of this subdivision is required by March 26, 2019 unless an extension is granted. 128 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.15o Recommendati ons of certain agencies to accompany plats submitted for final approval. Each preliminary plat submitted for final approval of the legislative body shall be accompanied by the following agencies' recommendations for approval or disapproval: (1) Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply; (2) Local planning agency or commission, charged with the responsibility of reviewing plats and subdivisions, as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication; (3) City, town or county engineer. Except as provided in RCW c8.i.7.24o, an agency or person issuing a recommendation for subsequent approval under subsections (1) and (3) of this section shall not modify the terms of its recommendations without the consent of the applicant. [19830121§4;1982C293§8;1969ex.s.C271§15.] (1) (2) (3) Recommend ations for final subdivision approval of Phase I have been received from Valley View Sewer District and Water District #125. See staff report for discussion of project compliance with all terms of the preliminary approval. The final plat survey for Phase I includes a certification to accompany the Public Works Director's signature, indicating his recommenda tion for approval. 129 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.160 Requirements for each plat or replat filed for record. Each and every plat, or replat, of any property filed for record shall: (1) Contain a statement of approval from the city, town or county licensed road engineer or by a licensed engineer acting on behalf of the city, town or county as to the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems, and other structures; (2) Be accompanied by a complete survey of the section or sections in which the plat or replat is located made to surveying standards adopted by the division of engineering services of the department of natural resources pursuant to RCW c8.24.o4o. (3) Be acknowledged by the person filing the plat before the auditor of the county in which the land is located, or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of said acknowledgment shall be enclosed or annexed to such plat and recorded therewith. (4) Contain a certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. No engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought, shall examine and approve such plats on behalf of any city, town or county. [1985 c 99 § 1;1969 ex.s. c 271 § 16.] (1) (2) (3) (4) Met—see Public Works Director's Certificate on Sheet 1 of 4. Additionally, writte n approval of Phase I final subdivision approval has been received from Valley View Sewer District and Water District #125. Met Met Met—The final subdivision plat survey includes a certificate to be signed by the Tukwila Finance Director and the King County Treasurer. 130 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.165 Certificate giving description and statement of owners must accompany final plat— Dedication, certificate requirements if plat contains— Waiver. RCW 58.17.165 Certificate giving description and statement of owners must accompany final plat—Dedication, certificate requirements if plat contains—Waiver. Every final plat or short plat of a subdivision or short subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat or short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat or short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat. Every plat and short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid. [1981 c 293 § 9;1969 ex.s. c 271 § 30.] Met—There is no dedication involved. 131 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.170 Written approval of subdivision— Original of final plat to be filed—Copies— Periods of validity, governance. (1) When the legislative body of the city, town or county finds 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, it shall suitably inscribe and execute its written approval on the face of the plat. The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be provided to such other agencies as may be required by ordinance. (2)(a) Except as provided by (b) of this subsection, any Tots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date offiling is on or before December 31, 2014, and for a period of five years from the date offiling ifthe date of filing is on or after January 1, 2015. (b) Any Tots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of ten years from the date offiling if the project is not subject to requirements adopted under chapter go.c8 RCW and the date offiling is on or before December 31, 2007. (3)(a) Except as provided by (b) of this subsection, a subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW c8.1.7.1 co (1) and (3) for a period of seven years after final plat approval ifthe date of final plat approval is on or before December 31, 2014, and for a period of five years after final plat approval if the date of final plat approval is on or after January 1, 2015, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (b) A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW c8.17.15o (1) and (3) for a period of ten years after final plat approval if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of final plat approval is on or before December 31, 2007, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. [2o13c16§ 2; 2012 C 92 S 2; 2010079§2;1981C293§10; 1969 ex.s. c 271 § 17.] To be met at time of recording 132 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.195 Approval of plat or short plat—Written finding of conformity with applicable land use controls. No plat or short plat may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance or other land use controls which may exist. [1981 C 293 § 14.] Met RCW 58.17.240 Permanent control monuments. Except for subdivisions excluded under the provisions of RCW 58.17.o4o, as now or hereafter amended, permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The local authority shall determine the number and location of permanent control monuments within the plat, if any. [1974 ex.s. c 134 § 11; 1969 ex.s. c 271 § 24.] Met RCW 58.17.250 Survey of subdivision and preparation of plat. The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. [1969 ex.s. C 271 § 26.] Met — see Land Surveyor's Certificate on Sheet 1 of 4 RCW 58.17.280 Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks. Any city, town or county shall, by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets, Tots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for short subdivisions and subdivisions and must be dearly shown on the short plat or final plat at the time of approval. [1993 c 486 §3.; 1969 ex.s. C 271 § 29.] Met — Lot numbers and their associated addresses are shown on Sheet 2 of 4 133 Department of Community Development Feb 22, 2016 Phase 1 arty Park Townhomes " Avanua South A South t 44T' 8VsK Tukwila, We3h[npton Osterly Park Townhomes Public Hearing Final Plat Phase 1 Presentation Overview • Review Process • Background Information —Site and Project • Preliminary Plat Approval by Board of Architectural Review • Final Plat Approval by City Council Department of Community Development •sterly Park Townhomes Public Hearing - Feb 22, 2016 What is a townhouse? • Ordinance 2199 was adopted in March 2008 allowing development of zero lot line and fee simple townhomes in MDR and HDR zoning districts. A townhome is a type of residential development in which individual dwelling units are attached along at least one common wall to at least one other dwelling unit Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Review Process • Townhouse Development Allowed in MDR and HDR zoning districts • Multifamily Structures over 1500 SF require BAR approval (Townhouse Design Manual) • Preliminary Plat and Design Reivew Hearing combined. Board of Architectural Review Decision issued. Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Review Process -Subdivision • Preliminary Plat approval granted by Planning Commission for subdivisions of more than 10 lots or unit lots — After Preliminary Plat approval, developer applies for PW permit to install utilities and access • Final Plat approval granted by City Council and recorded with King County after all conditions of Preliminary Plat are completed — After Final Plat approval, developer applies for building permits to construct townhomes — The subdivider may develop and record the subdivision in phases. Department of Community Development •sterly Park Townhomes Public Hearing - Feb 22, 2016 Project Location • Cascade View Neighborhood • Zoning: High - Density Residential • • • 51143 it1F.5b 1,24th;St S 144zti su Tuk igila Intggnlatihnartivd „' 4R1h•St Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Surrounding Development Department of Community Development •sterly Park Townhomes Public Hearing - Feb 22, 2016 Existing Development Department of Community Development •sterly Park Townhomes Public Hearing - Feb 22, 2016 Phasing or -447* -8 frigVAMit Department of Community Development •sterly Park Townhomes Public Hearing - Feb 22, 2016 Phase 1 • 9 Lots with 8 Unit lots. • Tract A — Access and Utilities • Tract B — Phase I Recreation Area • Easements • Codes, Covenants, & Restrictions include maintenance of common areas 144Th Stree n New Private .5" sldewtdk-`dsement (D) L. Easement P Ma. 20151007001214 PRWATE SANIT SEVER EASEMENT REC, ° 50924001086 60.00' I EXCEPB0W --' 5 New Private 24' driveway easement (A) REBAR YW/CAP SET 3/15/14 Cm) . PRIVATE SANITARY ASEIw4ENT REG. e7r Una EiasemarwtrR. No. 201510070012111I • Pr1wate 24` ernes t (B)1 V t{F' NEW.PRIVATE SANITARY SEWER EASEMENT REC. 11 (2.010024001066 , TRACT @t TEMPORARY •1C" Tenni:army RECREATION TRACT ( Tag iPeo.a por Landscape t PP t to l Easement Prtuote Ingram, ogress and Utilities Easement, Rec. No. 20131001001350 Seattle CIty Licht •Eaoa+rw.nt Roca No. 20110420000543 Water LInc Eoae n it Rea. No, 2015t00700121$ 10 Dnaboo. Easement par_ KC Rea, No. 63199$ 6'87 '-Ne7"441'57`w 1 1 LEGEND Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Phase 1 Phase 1 71 447i 1 • PHASE 2 PHASE 2 Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Building Design niI! I111�1111: !�I Oiling lir t. iii to , Fill .iil iu 1 ma LI ��iii �ui m ,.., r •I ■ ■ „-_inul_nanyututluu, ' .• ■ • :1 r 1IL11'IIII +17,3 Hu 141 Strood = •:'!I FII' Edis i M ;44 al iw L1Uj11II1?i 111 L im r,.11111,..„ .l!,r__ w1Ill n rinwr. �9#ia1 iii r ai lflam��iii71i�1�1./�.3lilii`-#'"'�=i Phase! 6. Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 _,....!..„____,.''. ....,_ ia_..„,„.----'3' liar:. : ,-'1' i,i'irt!i'gri 2.41 .inommion ;.....0. ,ii rommool hill ilarommemo SIMI'• III I(/.11110111110011/0 ^,IIIIMIMMOMI !LIIIIIMMI111••111.1 ., i'V t la....MMI ^1114.1110111111.1.1. lining 'T Ilia, .!/.:,,............... teamatortv •Z!""''''"""'"'" ..110.11.111.100.0. 1111.1111111111. !1.4t: 11411111411111111111 ' NO Wffiimiim - ! 4. r goons 0 N. 0 I. I ill"' 1::::: ';''.: 'it F , 4 : Wei! ,,, '- i i = ri !II4'.--- ,tilltuisic;:: , i:11111M1=1.= M ir ' b Department of Community Development •sterly Park Townhomes Public Hearing - Feb 22, 2016 Department of Community Development Osterly Park Townhomes Public Hearing Feb 22, 2016 Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Department of Community Development •st rly Park T wnh mes Public Hearing Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Final Plat for Phase 1 The proposed final plat meets Tukwila Municipal Code requirements for final plats, TMC 17.14.030 C. Criteria for Final Plat: • The proposed plat bears the required certificates and statements of approval. • 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 appears on the plat certificate. • Facilities and improvements required to be provided by the subdivider have been completed for Phase 1. Landscaping and other improvements that could be damaged due to construction of the townhomes shall be provided prior to final inspection of the building permits. • Land surveyor has signed the plat. • The plat is in conformance with the approved preliminary plat. • 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 approval. Phasing: • The proposed plat complies with the phasing requirements listed under TMC 17.14.040. Department of Community Development •sterly Park Townhomes Public Hearing - Feb 22, 2016 Staff Recommendation • Approval of the Final Subdivision application for Phase 1 of the Osterly Townhome project. • Sample Motion: I move to approve project number L14-0066 based on the findings and conclusions contained in the staff report dated February 17, 2016 as amended during the City Council deliberations. Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director MEMORANDUM To: Bob Giberson (via Joanna Spencer) Chris Flores (via Don Tomaso) Richard Takechi From: Jaimie Reavis RE: Osterly Park Townhomes Phase 1 (3421-3429 S. 144th Street; parcel #s 0040000088 and 0040000094) Date: February 9, 2016 File: L14-0066 The above referenced subdivision plat is ready for final approval, and will go before City Council on February 22, 2016. Attached are the documents for recording. Please indicateyour approval by signing Sheet 1 of 4 (if applicable) and putting your initials next to your name below. If you do not approve, indicate any additional requirements below. Approved by Chris Flores Approved by Bob Giberson Approved by Richard Takechi cr c (initials) (initials) Fr( (initials) Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Jaimie Reavis From: Dana Dick <danad@valvue.com> Sent: Thursday, February 11, 2016 12:45 PM To: Jaimie Reavis; Andrew LaRue Cc: Joanna Spencer Subject: RE: Osterly Park Townhomes: Language for Phase I Plat Jaimie: Everything has been taken care of for the phase I project. Dana Dick Manager Valley View Sewer District 206-242-3236 From: Jaimie Reavis[mailto:Jaimie.Reavis@TukwilaWA.gov] Sent: Thursday, February 11, 2016 12:41 PM To: Andrew LaRue; Dana Dick Cc: Joanna Spencer Subject: RE: Osterly Park Townhomes: Language for Phase I Plat Andrew and Dana, A notice of hearing was sent out early this week and posted on site for the Council meeting on Feb. 22nd at which the Tukwila City Council will review the final plat application for Phase 1 of this project. I'm just checking in to verify that all sewer -related issues for Phase I have been addressed by Mr. Overbeck and the sewer facilities have been installed to your satisfaction. Please let me know as soon as possible if there is anything that should be addressed prior to final approval of Phase 1. Thank you, Jaimie Reavis Senior Planner (City of Tukwila 6300 Southcenter Blvd, Suite 1001Tukwila, WA 98188 ph: (206) 431-3659 J fx: (206) 431-3665 Jaimie.Reavis@TukwilaWA.gov 1 www.tukwilawa.gov The City of opportunity, the community of choice. From: Andrew LaRue [mailto:andrewlPvalvue.com] Sent: Monday, December 21, 2015 3:44 PM To: Jaimie Reavis Cc: Dana Dick Subject: RE: Osterly Park Townhomes: Language for Phase I Plat Hello Jaimie, 1 Dana and I just reviewed this and determined that the language is included in the existing easement (which appears to be referenced on the plat map), and that Mr. Overbeck will not need to add this language directly on to the plat map itself. This language will be needed for future developments where there is not an existing sewer easement in place. Sorry for the delayed response. Let me know if I can provide any further assistance. Thanks, Andrew LaRue From: Jaimie Reavis[mailto:Jaimie.Reavis@TukwilaWA.gov] Sent: Thursday, December 17, 2015 1:26 PM To: Andrew LaRue <andrewl@valvue.com> Cc: Joanna Spencer <Joanna.Spencer@TukwilaWA.Rov>; Dana Dick <danad@valvue.com> Subject: Osterly Park Townhomes: Language for Phase 1 Plat Andrew, Attached is the plat map for the Osterly Park Townhomes, along with the sewer easement that's already been recorded. For the plat map, will Mr. Overbeck need to include language similar to what's below, or is this already covered in the existing easement? What I've copied below is language Dana Dick has provided me for the Blvd Townhomes project on Southcenter Blvd. The cost of maintenance, repair or reconstruction of that portion of the sewer used in common, whether located inside the 10' private side sewer easement or inside the 20' private access & utility easement, shall be borne in equal shares, except that the owners of any lower parcel shall not be responsible for the part of the sewer above their connection; and when necessary to repair, clean or reconstruct the sewer, the parties to this agreement shall have a right of entry for that purpose. If Mr. Overbeck needs to include a similar note, could you provide a revised note that he can add to the map? Thank you, Jaimie Reavis Senior Planner 1 City of Tukwila 6300 Southcenter Blvd, Suite 1001 Tukwila, WA 98188 ph: (206) 431-3659 I fx: (206) 431-3665 Jaimie.Reavis@TukwilaWA.gov 1 www.tukwilawa.Rov The City of opportunity, the community of choice. 2 Jaimie Reavis From: shaneyoung@waterdistrict125.com Sent: Friday, February 12, 2016 8:23 AM To: Jaimie Reavis Subject: Re: Osterly Park Townhomes Phase I final plat approval Jaime, Mr. Overbeck has resolved all water -related issues for Phase I. The Board has accepted all work as complete. Hope this helps. Shane Young General Manager King County Water District 125 PO Box 68147, Tukwila, WA 98168 Office: (206) 242-9547 Cell: (206) 450-8521 www.waterdistrict125.com From: Jaimie Reavis <Jaimie.Reavis@TukwilaWA.gov> To: "markparsons@waterdistrict125.com" <markparsons@waterdistrict125.com>; "'shaneyoung@waterdistrict125.com"' <shaneyoung @ waterdistrict125.com> Sent: Thursday, February 11, 2016 12:48 PM Subject: Osterly Park Townhomes Phase !final plat approval Hello, A notice of hearing was sent out early this week and posted on site for the Council meeting on Feb. 22nd at which the Tukwila City Council will review the final plat application for Phase I of this project. I'm just checking in to verify that all water -related issues for Phase I have been addressed by Mr. Overbeck and the water facilities have been installed to your satisfaction. Please let me know as soon as possible if there is anything that should be addressed prior to final approval of Phase I. Thank you, Jaimie Reavis Senior PlannerlCity of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-36591fx: (206) 431-3665 Jaimie.Reavis@TukwilaWA.gov 1 www.tukwilawa.gov The City of opportunity, the community of choice. CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 8300 Southoenter Boulevard, Tukwila, WA 98186 Telephone (208) 4313670 FAX (206)4313685 DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington TUKWILA APPROVALS. KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DD HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE DF THE OWNER(S), KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON(S) OR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS 0 DAY OF fg , 4TH S`f -fi0 PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OFA I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT ` 0011lffff, ‘`‘,%,0301.947,,# ` ABDiSi,# 0Q. g91 • 0N QjS '111,+WAS0 P• DAMAGE WAIVER 4.'-J icy NOTARY i PUBLIC SIGNATURE OF NOTARY PUBLIC PRINTED NAME CCa.A. C1.\$141_21 1 DATED 02--06--2,01,C), MY APPOINTMENT EXPIRES-1- cL_, PER TMC 17.04.060 THE FOLLOWING PERSONS OR CORPORATIONS HAVING AN INTEREST IN THE SUBDIVIDED LAND WAIVE BY THEM AND THEIR SUCCESSORS ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC PROPERTY WITHIN THE SUBDIVISION: 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED UABLILTY COMPANY RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 20 AT M. IN BOOK OF AT PAGE AT THE REQUEST OF MCR SUPT. OF RECORDS PUBLIC WORKS DIRECTOR'S CERTIFICATE I HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS-OF-WAY, DESIGN OF DRAINAGE SYSTEMS AND OTHER STRUCTURES, I CERTIFY THAT THE SUBDIVIDER HAS COMPLIED WITH ONE OF THE FOLLOWING; A. ALL IMPROVEMENTS HAVE BEEN INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF TUKWILA MUNICIPAL CODE TITLE 17 AND WITH THE PRELIMINARY PLAT APPROVAL, AND THAT ORIGINAL AND REPRODUCIBLE MYLAR OR ELECTRONIC RECORDS IN A FORMAT APPROVED BY PUBLIC WORKS AND MEETING CURRENT PUBLIC WORKS DRAWING STANDARDS FOR ROAD, UTILITY AND DRAINAGE CONSTRUCTION PLANS CERTIFIED BY THE DESIGNING ENGINEER AS BEING 'AS CONSTRUCTED' HAVE BEEN SUBMITTED FOR CITY RECORDS. B. AN AGREEMENT AND BOND OR OTHER FINANCIAL SECURITY HAVE BEEN EXECUTED IN ACCORDANCE WITH SECTION 17.24.030 OF THIS TITLE SUFFICIENT TO ASSURE COMPLETION OF REQUIRED IMPROVEMENTS AND CONSTRUCTION PLANS. EXAMINED AND APPROVED BY THE CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS THIS DAY OF , 20____ DIRECTOR DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed and approved by the DIRECTOR OF COMMUNITY DEVELOPMENT and hereby certified for filing day of 20_ DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF TUKWILA TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS DAY OF 20_ FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS DAY OF MAYOR 20 __ CITY CLERK KING COUNTY APPROVALS ICING COUNTY TREASURER'S CERTPICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF , 20____. KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS — DAY OF , 20 . KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 EXISTING LEGAL DESCRIPTIONS PARCEL 1 - TAX LOT 0040000088 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; TOGETHER W1TH A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 20131001001.350; SUBJECT TO A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483; SUBJECT TO AND TOGETHER WITH A WATERLINE EASEMENT KC REC. NO. 20151007001218; SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. NO. 20150924001085. PARCEL 2 - TAX LOT 0040000094 LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; SUBJECT TO AND TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 20131001001350; SIIBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; TOGETHER WITH A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483. TOGETHER WITH AND SUBJECT TO A WATERLINE EASEMENT KC REC. NO. 20151007001218; SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. NO. 20150924001086. (NOTE EASEMENTS INCLUDED IN THE LEGAL DESCRIPTIONS ABOVE WERE FROM CW TITLE CCMPANY TITLE COMMITMENT NO. FS -40154719, DATED JULY 15, 2015 AT 8:00 AM) LAND SURVEYOR'S CERTIFICATE I, F'chard L. Schroeter, 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, courses and angles ore shown thereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted - th- .lat OW PROFESSIONAL 'NO SURVEYOR d 0\ (-(.1 0 CERTIFICATE NO.23604 SOUTH 144TH STREET SITE SOUTH 146TH STREET 4- k- VICINITY - J VICINITY NOT TO SCALE SHEET 1 OF 4 SCHROETERZLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Seohurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN 8Y LAW JOB N0. 530/4 FIELD DATE 11/11/07 REVISED 1/13/16 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 6300 Southoenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 Found 2" brass disk w/"X" in concrete in case - 11/11/07 30' 34th Avenue South City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, RECORDING Nor VOL./PAGE 3.5' conveyed to the City of Tukwila Rec. #20050518000267 N N87'35'33" W (c) N87'35'52"W (m) South /44th Street North end 4' chain link fence is 0.3' north & 0.9' eost of set rebar w/cop I LOTI New Private 5 1n N01'09'521 6.50' S87'35'33"E -65.15'-- 30.01' - PUGET SOUND ENERGY EASEMENT REC. NO. 20150129001483 IS OVER, UNDER, ALONG, ACROSS AND THROUGH THE EAST 65.15 FEET OF LOT 4. CENTERLINE DESCRIBED AS "AS CONSTURCTED" - ! New Private 24'• driveway easement (A) Isidewalk easement (0) m -• -4.-1 h'p `-C1X REBAR W/CAP SET 5/15/14 (TYP) ai N 21.93 concrete monument in cose on the northerly projection of the centerline of Tract A with the centerline of S. 144th St. - 7/15 New Private 5' sidewalk easement (C) 10' Exception for Road Rec. #6060692. 1 2430.54' (m) 1 3 66.94' - N loan F,/ - • ta S87'35'33" 16. i91121.9S- sli I 0 64 el • (0 I, `tl- I Q ao .2) -- w 30'22" X1.92 n s6 • -1,4E I_ - itW LOT2 b 6 - 'o 1 5 0IDC o o e1-' 0 d n__, W b.tN ,j .s.Q nil N z ' a a , O m to p v1 V vi 1 01 Po V '7j-• '', . g 27100' 5)".'=',7247§-25 41 1----r 10' VIEW PRIVATE SANT ARY-- N X58850'22"E Ip 1 SEWER EASEMENT REC. 2,3 - . .20150924001085 j I f CV P. - . - . 0 n PHASE 2 Basis of Bearing of this survey are monuments found of the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. GRAPHIC SCALE 30 0 15 30 00 120 11011 It ( IN FEEL' ) 1 Inch - 30 It. TRACT B: TEMPORARY RECREATION TRACT 51.94' S87'33'54"E LOT) iLOT I 311s41- no o j Water Line Eosement Rec. m M 0 /r- z z tV 1 N ( 588.'22"E LOT LOT I t I 8f N n . 10ci, N (0Q V1 O ca0 m I 5 o 1n N No. 201510070012101 EW PRIVATE SANITARY SEWER EASEMENT REC.' mg #20150924001086 1 io in 60.00' co co I Iz in 87'33'54"E yr -30,01' - 120.00 I 1 (2)Temp. parting spaces Private Ingress, egress and Utilities Easement Rec. No. 20131001001350 ISeattle City Light Easement Rec. No. 20110420000543 3 N -o 10 Drainage Easement per KC Rec. No. 6319966 0 0 ai 26 0' EXCEPTION --` 5 LWater Line EasementRec. No. 201510070012181 New Private 24' driveway easement (8)1 -NEW 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 1 I 1 LOT 1 9 J 68.75' N87'49'57"W LEGEND Concrete Monument in Case (P) Plot bearing or distance (c) calculated bearing or distonce Monument no case Tack in Lead or Nail & Disk - ' - ' - Old Lot Lines. Set rebar w/cop #23604 Easement Lines Found pipe or rebar Boundary Lines 10' Temporary Landscape Easement Water Line Easement Rec. No. 20151007001218 Washington Found brass pin w/punch mark in concrete in case - 11/11/07 1748.47 NOTE: SEE PAGE 3 OF 4 FOR EASEMENT DIMENSIONS LOT WIDTHS LOTS RANGE IN WIDTHS FROM 21.92 FEET TO 30.01 FEET LOT AND TRACT AREAS TRACT A = 4,621 sf ± or 0.11 acres RECREATION TRACT B (TEMP) = 1,341 sf ± or 0.03 acres LOT 1 = 2,252 sf or 0.05 cores LOT 2 = 1,634 sf or 0.04 ocres LOT 3 = 1,466 sf or 0.03 acres LOT 4 = 1,990 sf or 0.05 acres LOT 5 = 1,677 sf or 0.04 acres LOT 6 = 1,283 sf or 0.03 acres LOT 7 = 1,242 sf or 0.03 ocres LOT 8 = 1,614 sf or 0.04 acres LOT 9 = 12,017 sf or 0.28 ocres LOT ADDRESSES LOT NUMBERS STREET ADDRESS 2 3 4 5 6 7 8 SURVEY NOTES 14401 34 Ln. S. 14403 34 Ln. S. 14402 34 Ln. S. 14404 34 Ln. S. 14405 34 In. S. 14407 34 Ln. S. 14406 34 Ln. S. 14408 34 Ln. S. 1. Field data for this survey was obtoined by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic meosuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: • PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, IPAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A - CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 Found 2" brass disk w/punch mark in concrete in case - 11/11/07 -\,South 148t12 Street SHEET 2 OF 4 c O,. `o v) N Nm ^v 03 at La in 0 z cxj SCHROETER615LAND SURVEYING PROFESSIONAL LAND SURVEYORS P.D. Box 813, Seahurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 1/13/16 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 6300 Southeenter Boulevard, Tukwila, WA 98188 Telephone (206) 4313870 FAX (206) 431-3665 LOT 1 LOT 2 N88'50'22"W l 41193_ O 0 0 P N d' rn 41 93' 7:7� S88'50'22"E LOT 5 LOT 6 DETAIL DRIVEWAY EASEMENT A L SCALE 1" 30' NORTH N o o LOT 7 LOT 8 S88'50'22"E om tri 0 m 25.93' - 7.93— N88'50'22"W PIO 0�' In ti 0 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W M., in King County, Washington DETAIL: EASEMENT LOCATIONS RECORDING N0. VOC:/PAGE" LOT 3 LOT 4 LOT 5 LOT 6 41.93' �j' 10 o c1a o 41_.73' Lfo N88'5 22"W N 'Ca Po 0 N88'50'22"W X4.92 24.92- S88'50'.22"E LOT I LOT 7 8 DETAIL DRIVEWAY EASEMENT B SCALE 1" = 30' NORTH DETAIL SIDEWALK EASEMENT B NOT TO SCALE NORTH S8T35'32"E 5.00'A N87'35'32"W iiiiii 19.43' pp N88` 8 22"W LOT 1 DETAIL SIDEWALK EASEMENT D NOT TO SCALE LOT 2 NORTH 587'35'33"E 5.00' m t 117. PO 1 I� N O zt, t o 5.00' N88'50 22"W DETAIL SIDEWALK EASEMENT A NOT TO SCALE NORTH N87'35'33"W 1- 27.50' LOT 3 DETAIL SIDEWALK EASEMENT C NOT TO SCALE LOT 4 NORTH w M viP 0 z 81.95' S87'33'54"E LOT 9 DETAIL LANDSCAPE EASEMENT NOT TO SCALE LOT 2 4 LOT 6 feet of Lot 4 0 J 0 0 The west 16.79 '60\z —North 10 feet of Lot 5 LOT 3 oo y� � T oC.c., 4, _ LOT 7 NORTH NOT TO SCALE DETAIL: J Waterline Easement Rec. No. 20151007001218 (portion of Lots 4 and 5, Block 2, Adams Home Tracts, V11/31.) i%�i%1�i% a N T —�---Sou th 744th Street 1`,3 3.50' NCt'Q9'S2"E S87'35'33"E 1LVI OT('LLOT New Private 5' sidewalk easement (0) SEE DETAIL "SIDEWALK 0" New Private 24' drivewoy eosement (A) for the benefit Townhomes 1, 2, 5 and 6 SEE DETAIL "DRIVEWAY A" 10' NEW PRIVATE SANITARY— SEWER EASEMENT REC. #20150924001085 1 New Private 5' sidewalk easement (A) for the benefit of Townhomes 5 and 6 SEE DETAIL "SIDEWALK A" i 6.50 S87'35'33"E New Private 5' sidewalk eosement (C) SEE DETAIL "SIDEWALK C" +-1 10' LOT' 41 0 LOT 15 LOT 8 TRACT 8:— TEMPORARY RECREATION (2) TEMPORARY PARKING SPACES NORTH UNE OF THE SOUTH HALF OF LOT 3, BLOCk 2, ADAMS HOME TRACTS, VOL. 11/31 S87'33'11 "E 268.09' SOattle City Light Easement Rec. No. 20110420000543 -30.1) N87'33 54"W NEW PRIVATE 5' SIDEWALK EASEMENT NORTH 1111111111,11 288,73' S87'33'11 "E NEW TEMPORARY LANDSCAPE EASEMENT TRACT B TEMPORARY RECREATION NEW PRIVATE DRIVEWAY EASEMENT 10 Drainage Easement per KC Rec. No. 6319966 Lr(f-oo4 o N M P 6P N 0 NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 New Private 24' driveway eosement (B) for the benefit of Townhomes 3, 4, 7 and 8 SEE DETAIL "DRIVEWAY B" Waterline Easement Rec. No. 20151007001218 See "Detail Water Line Easement" portion of Lots 4 and 5, Block 2, Adorns Home Tracts, V11/31 New Privote 5' sidewalk easement (8) for the benefit of Townhomes 7 and 8 SEE DETAIL "SIDEWALK 8" �l0' TEMPORARY LANDSCAPE EASEMENT SEE DETAIL "LANDSCAPE EASEMENT" LOT 9 NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 _ida1IIIIIIIIIIIIIIhh . NORTH GRAPHIC SCALE 30 0 10 30 so 120 ( ix FEET ) 1 Inch 30 it - SHEET 3 O 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Seehurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 1/13/16 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 4314665 TRACT NOTES City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington PROPERTY NOTES SIDEWALK EASEMENTS RECORDING- N0: ' VOL/PAGE TRACT A: INGRESS, EGRESS AND UTILITIES EASEMENT TRACT A IS A PRIVATE JOINT USE INGRESS, EGRESS, AND UTILITIES TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 9 AND FUTURE PHASES OF THE OSTERLY PARK TOWNSHOMES, AS APPROVED UNDER TUKWILA FILE NUMBERS L08-079 AND L12-0005. OWNERSHIP OF LOTS 1 THROUGH 9 OF THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT AND ANY UNDERLYING UTILITIES. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT A SHALL BE THE OSTERLY PARK TOWNHOMES OWNERS ASSOCIATION. DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE DECLARATION OF CONVENTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR THE OSTERLY PARK TOWNHOMES UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION FOR TRACT A, AN INGRESS, EGRESS AND UTIUTIES EASEMENT: THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF ANO OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52" WEST 151.20 FEET; THENCE NORTH 87'33'54" WEST 30.01 FEET; NORTH 01'09'52" EAST 157.68 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'32" EAST, ALONG SAID MARGIN, 13.21 FEET; THENCE SOUTH 01'09'52" WEST 6.50 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'33" EAST, ALONG SAID MARGIN, 16.79 FEET TO THE POINT OF' BEGINNING; SUBJECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET THEREOF; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; SUBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORUED UNDER KING COUNTY RECORDING NUMBER 20110420000543; TOGETHER WITH AND SUBJECT TO A PUGET SOUND ENERGY EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20150129001483; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM ".ND UTILITIES EASEMENT KC REC. NO. 20131001001350; TOGETHER WITH AND SUBJECT TO A WATERLINE EASEMENT KC REC. NO. 20151007001218; TRACT B: TEMPORARY RECREATION TRACT OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT B SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION; LEGAL DESCRIPTION FOR TRACT B, A TEMPORARY RECREATION TRACT: THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS. PAGE 31, IN KING COUNTY. WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS;. BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'52" WEST, ALONG THE WEST LINE OF SAID PLAT, 25.25 FEET ; THENCE SOUTH 87'33'54" EAST 51.94 FEET; THENCE NORTH 01'09'52" EAST 26.40 FEET; THENCE NORTH 88'50'22" WEST 51.92 FEET TO THE POINT OF BEGINNING. DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER 1. THE UNIT LOTS ARE NOT SEPARATE BUILD ABLE LOTS, AND ADDITIONAL DEVELOPMENT ON THE INDIVIDUAL UNIT LOTS MAY BE LIMITED AS A RESULT OF THE APPLICATION OF DEVELOPMENT TO THE PARENT LOT. DEVELOPMENT SHALL BE PER THE APPROVED DESIGN REVIEW RECEIVED FROM THE CITY OF TUKWILA UNDER FILE NUMBERS LOS -076 AND L12-005. 2. THE FOLLOWING CONDITIONS OF PRELIMINARY APPROVAL SHALL BE DEFERRED TO BUILDING PERMIT FOR INDIVIDUAL UNITS: A) CONSTRUCTION OF PERIMETER FENCE, RECREATION AREA, IRRIGATION, LIGHTING, LIGHTING FIXTURES, COLORED AND PATTERNED SHARED DRIVEWAY AREAS, RECREATION AREA LANDSCAPING (IRRIGATION AND EQUIPTMENT) AND LANDSCAPING SHALL BE DEFERRED TO THE BUILDING PERMITS. B) SCREENING OF THE INDIVIDUAL METERS, ELECTRICAL BOXES AND SIMILAR EQUIPMENT NECESSARY FOR PROJECT INFRASTRUCTURE SHALL BE REVIEWED AS PART OF THE BUILDING PERMIT FOR EACH UNIT. DRIVEWAY EASEMENTS A. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 1, 2, 5 AND 6. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1, 2, 5 AND 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'55" WEST, ALONG THE EAST LINE OF SAID LOT 2, 62.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'50'22" WEST 41.93 FEET; THENCE SOUTH 01'09'52" WEST 24.00 FEET; THENCE SOUTH 88'50'22" EAST 41.93 FEET TO THE EAST UNE OF SAID LOTS 2 AND 6; THENCE NORTH 01'09'52" EAST, ALONG SAID EAST LINE. 24.00 FEET TO THE TRUE POINT OF BEGINNING B. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 3, 4, 7 AND 8 FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 3, 4, 7 AND 8 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066. DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52 WEST, ALONG THE WEST UNE OF SAID LOT 3, 55.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88'50'22" EAST 41.93 FEET; THENCE SOUTH 01'09'38" WEST 24.00 FEET; THENCE NORTH 88'50'22" WEST 41.93 FEET TO THE WEST LINE OF SAID LOTS 3 AND 7; THENCE NORTH 01'09'52" EAST, ALONG SAID WEST LINE, 24.00 FEET TO THE TRUE POINT OF BEGINNING. TEMPORARY LANDSCAPE EASMENT TEMPORARY PRIVATE LANDSCAPE EASEMENT FOR THE BENEFIT OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066. DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS. AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 9 AND TRACT A OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER CORNER OF LOT 9, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'38" WEST, ALONG THE EAST LINE OF SAID LOT, 20.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87'33'54" WEST 81.95 FEET TO THE WEST LINE OF SAID TRACT A; THENCE SOUTH 01'09'52" WEST, ALONG SAID WEST UNE, 10.00 FEET; THENCE SOUTH 87'33'54" EAST 81.95 FEET TO THE EAST UNE OF SAID LOT; THENCE NORTH 01'09'38" EAST, ALONG SAID EAST LINE, 10.00 FEET TO THE TRUE POINT OF BEGINNING. A. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 5 AND 6. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09'38" EAST, ALONG THE EAST LINE OF SAID LOT 6. 5.00 FEET; THENCE NORTH 88'50'22" WEST 24.92 FEET TO THE EAST LINE OF LOT 5, OSTERLY PARK; THENCE SOUTH 01'09'52" WEST, ALONG THE EAST LINE OF SAID LOT 5, 5.00 FEET; THENCE SOUTH 88'50'22" EAST, ALONG THE SOUTH LINE OF SAID LOT 6, 24.92 FEET TO THE EAST LINE OF SAID LOT 6 AND THE POINT OF BEGINNING. B. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 7 AND 8. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 7, 8 AND 9 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09'52" EAST, ALONG THE WEST OF SAID LOT 7, 2.50 FEET; THENCE SOUTH 88'50'22" EAST 25.93 FEET TO THE WEST LINE OF LOT 8, OSTERLY PARK; THENCE SOUTH 01'09'38" WEST, ALONG THE EAST UNE OF SAID LOT 8 AND ITS PROJECTION SOUTHERLY. 5.00 FEET; THENCE NORTH 88'50'22" WEST 25.93 FEET TO THE EAST UNE OF SAID LOT 9; THENCE NORTH 01'09'52" EAST, ALONG SAID EAST UNE, 2.50 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7 AND THE POINT OF BEGINNING. C. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 3 AND 4. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 3 AND 4 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 4, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 87'35'33" WEST, ALONG THE NORTH OF SAID LOT 4, 27.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'09'38" WEST 20.59 FEET; THENCE NORTH 88'50'22" WEST 5.00 FEET; THENCE NORTH 01'09'38" EAST 20.70 FEET TO THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 87'35'33" EAST, ALONG THE NORTH LINE OF SAID LOTS, 5.00 FEET TO THE TRUE POINT OF BEGINNING. D. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 1 AND 2. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS. CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1 AND 2 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 87'35'33" WEST. ALONG THE NORTH OF SAID LOT 1, 19.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'09'52" WEST 28.70 FEET; THENCE NORTH 88'50'22" WEST 5.00 FEET; THENCE NORTH 01'09'52" EAST 28.81 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 87'35'33" EAST, ALONG THE NORTH LINE OF SAID LOTS, 5.00 FEET TO THE TRUE POINT OF BEGINNING. L l C/_ COG G SHEET 4 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS RD. Box 813, Seohurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 12/29/15 at* of Sawa& Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl , HEREBY DECLARE THAT: Mailing requested by: Jaimie Reavis Mailer's signature: tWei Ouu i.L Notice of Application Notice of Decision x Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was mailed to each of the addresses listed/attached on this _4th day of February 2016 Project Name: Osterly Park Townhomes, Ph I, Final Plat Application Project Number: PL14-0039 Associated File Number (s): L14-0066 Mailing requested by: Jaimie Reavis Mailer's signature: tWei Ouu i.L W:\USERS\TERI\TEMPLATES-FORMS\AFFIDAVIT OF DISTRIBUTION.DOC City of Tukwila Notice Of Public Hearing—Final Plat Application Project # PL14-0039 OsterEy Park Townhomes Phase! Project Planner: Jaimie Reavis 206.431.3659, Jaimie.Reavis@TukwilaWa.gov 5 144th St p S 144th St S 146th St aro 5 144th Si Osterly Park Townhomes Phase I 3421-3429 S. 144th St., Tukwila, WA 98168 Tax parcel #'s 0040000088 and 0040000094 File# L14-0066 Hearing Date: A public hearing will be held on February 22 at 7:00 pm in Council Chambers, City Hall 6200 Southcenter Blvd. Project Description: Application for Final Plat Approval of Phase I of the Osterly Park Townhomes. Phase I includes subdivi- sion of two existing lots into 8 unit lots, a private access and utili- ties tract, and a temporary recreation tract. The complete project includes two phases with a total of 31 townhome units. The first 8 units will be constructed as Phase I. The project previously received approvals for SEPA/ Environmental Review, Design Review, and Preliminary Plat Re- view. All interested persons are invited to be present to voice approval, disapproval, or opinions on this issue. For those unable to attend in person, you may submit written testimony to the City Clerk's office until 5:00 p.m. on the day of the meeting. Information on the above cases may be obtained at the Tukwila Planning Divi- sion at 206-431-3670. City of Tukwila Notice Of Public Hearing—Final Plat Application Project # PL14-0039 Osterly Park Townhomes Phase 1 Project Planner: Jaimie Reavis 206.431.3659, Jaimie.Reavis@TukwilaWa.gov 5 144th St 5 146th St S 144th St Osterly Park Townhomes Phase I 3421-3429 S. 144th St., Tukwila, WA 98168 Tax parcel #'s 0040000088 and 0040000094 File# L14-0066 Hearing Date: A public hearing will be held on February 22 at 7:00 pm in Council Chambers, City Hall 6200 Southcenter Blvd. Project Description: Application for Final Plat Approval of Phase I of the Osterly Park Townhomes. Phase I includes subdivi- sion of two existing lots into 8 unit lots, a private access and utili- ties tract, and a temporary recreation tract. The complete project includes two phases with a total of 31 townhome units. The first 8 units will be constructed as Phase I. The project previously received approvals for SEPA/ Environmental Review, Design Review, and Preliminary Plat Re- view. All interested persons are invited to be present to voice approval, disapproval, or opinions on this issue. For those unable to attend in person, you may submit written testimony to the City Clerk's office until 5:00 p.m. on the day of the meeting. Information on the above cases may be obtained at the Tukwila Planning Divi- sion at 206-431-3670. r1 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director You are receiving this notice because you are a property owner or tenant within 500ft of this project City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director You are receiving this notice because you are a property owner or tenant within 500ft of this project c s name address city st zip TUKWILA 14434 34TH AVE S Apt L TUKWILA WA 98168 TUKWILA 14434 34TH AVE S Apt U TUKWILA WA 98168 TUKWILA 14016 33RD PLS Apt A TUKWILA WA 98168 TUKWILA 14016 33RD PL S Apt B TUKWILA WA 98168 TUKWILA 3424 S 146TH ST Apt 1 TUKWILA WA 98168 TUKWILA 3424 S 146TH ST Apt 2 TUKWILA WA 98168 TUKWILA 3424 S 146TH ST Apt 3 TUKWILA WA 98168 TUKWILA 3424 S 146TH ST Apt 4 TUKWILA WA 98168 TUKWILA 3422 S 146TH ST Apt 1 TUKWILA WA 98168 TUKWILA 3422 S 146TH ST Apt 2 TUKWILA WA 98168 TUKWILA 3422 S 146TH ST Apt 3 TUKWILA WA 98168 TUKWILA 3422 S 146TH ST Apt 4 TUKWILA WA 98168 TUKWILA 14446 34TH AVE S Apt 1 TUKWILA WA 98168 TUKWILA 14446 34TH AVE S Apt 2 TUKWILA WA 98168 TUKWILA 14446 34TH AVE S Apt 3 TUKWILA WA 98168 TUKWILA 14446 34TH AVE S Apt 4 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 1 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 10 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 11 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 12 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 2 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 21 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 22 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 23 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 24 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 25 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 26 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 27 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 28 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 29 TUKWILA WA 98168 TUKWILA 3440 S 146TH ST Apt 3 TUKWILA WA 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14239 34TH AVE S Apt 102 14239 34TH AVE S Apt 103 14239 34TH AVE 5 Apt 104 14239 34TH AVE S Apt 201 14239 34TH AVE S Apt 302 14239 34TH AVE S Apt 304 14239 34TH AVE S Apt 402 14239 34TH AVE S Apt 101 14239 34TH AVE S Apt 102 14239 34TH AVE 5 Apt 103 14239 34TH AVE S Apt 104 14239 34TH AVE S Apt 201 14239 34TH AVE S Apt 202 14239 34TH AVE S Apt 203 14239 34TH AVE S Apt 204 14239 34TH AVE S Apt 301 14239 34TH AVE S Apt 302 14239 34TH AVE S Apt 402 14239 34TH AVE S Apt 303 14239 34TH AVE S Apt 403 14239 34TH AVE S Apt 304 14239 34TH AVE S Apt 404 14229 34TH AVE S Apt 1 14229 34TH AVE S Apt 10 14229 34TH AVE S Apt 11 14229 34TH AVE S Apt 12 14229 34TH AVE S Apt 2 14229 34TH AVE S Apt 3 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 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COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER 14229 34TH AVE S Apt 4 14229 34TH AVE S Apt 5 14229 34TH AVE S Apt 6 14229 34TH AVE S Apt 7 14229 34TH AVE S Apt 8 14229 34TH AVE S Apt 9 3516 S 146TH ST Apt 1 3516 S 146TH ST Apt 101 3516 S 146TH ST Apt 102 3516 S 146TH ST Apt 103 3516 S 146TH ST Apt 104 3516 S 146TH ST Apt 105 3516 S 146TH ST Apt 106 3516 S 146TH ST Apt 107 3516 S 146TH ST Apt 108 3516 S 146TH ST Apt 109 3516 S 146TH ST Apt 2 3516 S 146TH ST Apt 201 3516 S 146TH ST Apt 202 3516 S 146TH ST Apt 203 3516 S 146TH ST Apt 204 3516 S 146TH ST Apt 205 3516 S 146TH ST Apt 206 3516 S 146TH ST Apt 207 3516 S 146TH ST Apt 208 3516 S 146TH ST Apt 3 3516 S 146TH ST Apt 301 3516 S 146TH ST Apt 302 3516 S 146TH ST Apt 303 3516 S 146TH ST Apt 304 3516 S 146TH ST Apt 305 3516 S 146TH ST Apt 306 3516 S 146TH ST Apt 307 3516 S 146TH ST Apt 308 3516 S 146TH ST Apt 309 3516 S 146TH ST Apt 4 3516 S 146TH ST Apt 5 3516 S 146TH ST Apt 6 3516 S 146TH ST Apt 7 3516 S 146TH ST Apt 8 3530 S 146TH ST Apt 1 3530 S 146TH ST Apt 2 3530 S 146TH ST Apt 3 3530 S 146TH ST Apt 4 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 AGENCY WA STATE COMMUNITY DEV WA DEPT OF ECOLOGY KC ASSESSOR'S OFFICE KC METRO TRANSIT/SEPA OFFICIAL FOSTER LIBRARY WESTFIELD MALL LIBRARY TUKWILA SCHOOL DISTRICT QWEST COMMUNICATIONS SEATTLE CITY LIGHT PUGET SOUND ENERGY COMCAST VAL-VUE SEWER DISTRICT WATER DISTRICT #125 WASTE MANAGEMENT CITY OF SEATAC CITY OF BURIEN PUGET SOUND CLEAN AIR AGENCY SOUND TRANSIT/SEPA OFFICIAL SOUTH COUNTY JOURNAL HIGHLINE TIMES DIVISON SEPA REVIEW ACCOUNTING DIVISION ENVIRONMENTAL PLANNING ENVIRONMENT & SAFETY DIV PLANNING DEPARTMENT PLANNING DEPARTMENT SEPA REVIEW UNION STATION ADDRESS PO BOX 48300 PO BOX 47703 500 4th AVE, RM# 709A 201 S JACKSON ST., MS KSC-TR-0431 4060 S 144th STREET 1386 SOUTHCENTER MALL 4640 S 144th STREET 23315 66th AVE S PO BOX 34023 PO BOX 90868 12645 STONE AVE N PO BOX 69550 PO BOX 68147 8111 -1st AVE S 4800 S 188th STREET 415 SW 150th 1904 3rd AVENUE, STE 105 401 S JACKSON STREET 600 S WASHINGTON 133 SW 153rd STREET CITY ST ZIP OLYMPIA WA 98504 OLYMPIA WA 98504 SEATTLE WA 98104 SEATTLE WA 98104 TUKWILA WA 98168 TUKWILA WA 98188 TUKWILA WA 98168 KENT WA 98032 SEATTLE WA 98124 BELLEVUE WA 98009 SEATTLE WA 98133 SEATTLE WA 98168 SEATTLE WA 98168 SEATTLE WA 98108 SEATAC WA 98188 BURIEN WA 98166 SEATTLE WA 98101 SEATTLE WA 98104 KENT WA 98032 BURIEN WA 98166 0 first name Sangoeun & Sim Sophorn Darwin & Vivian C Abraha Wilbur Dr Yaroslav Paul V William & Kimberly TUKWILA Rin TUKWILA Sandra J TUKWILA TUKWILA TUKWILA TUKWILA Herald & Pamela J TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA Jesus Bustos TUKWILA Wilson K TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA Ken W TUKWILA TUKWILA TUKWILA last name Ma m Bosteder Zerai Chinn Drofyak Cun Mitchell COMMUNITY MEMBER Chan COMMUNITY MEMBER Banakes COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Hubner COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Guzman COMMUNITY MEMBER Lew COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Song COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER address 11015 21ST AVE SW 11051 24TH PL SW 12002 ROOSEVELT WAY NE 12033 30TH SW 12432 SE 198TH PL 125 145TH PL NE 1308 SW 172ND ST 14203 35TH AVE S 14212 34TH AVE S 14213 33RD AVE S 14213 34TH AVE S 14226 MILITARY RD S 14229 34TH AVE S 14230 MILITARY RD S 14239 34TH AVE S 14254 34TH AVE S 14254 37TH AVE S 14403 34TH AVE S 14404 MILITARY RD S 14406 34TH AVE S 14410 MILITARY RD S 14411 MILITARY RD S 14414 34TH AVE S 14419 MILITARY RD S 14420 34TH AVE S 14422 34TH AVE S 14424 34TH AVE S 14426 34TH AVE S 14432 MILITARY RD S 14432 MILITARY RD S #3 14434 34TH AVE S 14436 34TH AVE S 14438 34TH AVE S city st SEATTLE WA SEATTLE WA SEATTLE WA SEATTLE WA RENTON WA BELLEVUE WA NORMANDY PARK WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA zip 98146 98146 98125 98146 98058 98007 98166 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 Joseph P TUKWILA TUKWILA John Frederick TUKWILA TUKWILA Murad & Yesuf Laila TUKWILA TUKWILA Wilbur Dr & Sarah J * Paul G TUKWILA * Kim * William & Dainard Jame John R Julio C Daniel J * Roberto & Maria TUKWILA TUKWILA * TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA Jorge & Maria TUKWILA TUKWILA Egan COMMUNITY MEMBER COMMUNITY MEMBER Bowers COMMUNITY MEMBER COMMUNITY MEMBER Jemal COMMUNITY MEMBER COMMUNITY MEMBER Chinn EXPRESS LINEN SERVICE LLC Beier COMMUNITY MEMBER ARK VIA NELLE LLC OD9999 Jeong-Won MS 159999 SAMARA HUBNER INC Heaton Gardner Fiorini Wise PREMIERE RUE LLC Olvera COMMUNITY MEMBER COMMUNITY MEMBER SECRETARY OF HUD COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Joya COMMUNITY MEMBER COMMUNITY MEMBER 14438 MILITARY RD S 14440 34TH AVE S 14442 34TH AVE S 14443 MILITARY RD S 14444 34TH AVE S 14446 34TH AVE S 14446 34TH AVE S #2 14450 34TH AVE S 14462 34TH AVE S 14463 MILITARY RD S 14603 35TH AVE S 14606 32ND LN S 14612 MILITARY RD S 18107 NORMANDY TER SW 19326 NE 129th Way 19655 1ST AVE S #208 218 MAIN ST #388 28318 45TH S 30330 9TH S 306 S 165TH ST 320 15TH AVE 3209 S 144TH ST 3219 S 142ND PL 3223 S 142ND PL 34 CIVIC CENTER PLAZA #7015 3416 S 146TH ST 3417 S 144TH ST 3418 S 146TH ST 3421 S 144TH ST 3422 S 146TH ST 3424 S 146TH ST 3425 S 146TH ST 3426 S 146TH ST 3429 S 144TH ST TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA SEATAC WA TUKWILA WA NORMANDY PARK WA Woodinville WA NORMANDY PARK WA KIRKLAND WA AUBURN WA FEDERAL WAY WA BURIEN WA SEATTLE WA SEATAC WA TUKWILA WA TUKWILA WA SANTA ANA CA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98166 98077 98148 98033 98001 98003 98148 98122 98168 98168 98168 92701 98168 98168 98168 98168 98168 98168 98168 98168 98168 TUKWILA TUKWILA * * TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA Tri Mike Sary & Leeanna * * Chau Tieu * * Mark & Mary * Charles Jorge C & Joya Maria L * COMMUNITY MEMBER COMMUNITY MEMBER TESSEMA AND DIBABA LLC SOKA GAKKAI INTERNATIONAL COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Nguyen Overbeck Mao FEDERAL HOME LOAN MORTGAGE SILVERDALE-TUKWILA LLC 131339 Huynh PARK AVE APARTMENTS LLC COLONIAL GARDEN LLC Harrison RIDGE SPRINGS LLC Seitz Joya 7 -ELEVEN INC 3430 S 146TH ST 3434 S 144TH ST 3435 S 164TH ST 3438 S 148TH 3440 S 146TH ST 3445 S 144TH ST 3455 S 144TH ST 3465 S 144TH ST 3515 S 146TH ST 3516 S 146TH ST 3530 S 146TH ST 3725 S 144TH ST 4229 S 144TH 4620 S 148TH ST 4810 127TH ST SW #C101 5000 PLANO PKWY 5209 Lake Washington Blvd NE #100 5210 NE 8TH PL 626 S 312TH ST PO BOX 40252 PO BOX 497 PO BOX 58184 PO BOX 6793 PO BOX 69315 PO BOX 711 TUKWILA WA TUKWILA WA SEATAC WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA LAKEWOOD WA CAROLLTON TX KIRKLAND WA RENTON WA FEDERAL WAY WA BELLEVUE WA PRESTON WA TUKWILA WA PAGO PAGO AMERICAN SAMOA SEATTLE WA DALLAS TX 98168 98168 98188 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98499 75010 98033 98059 98003 98015 98050 98138 96799 98168 75221 0 CITY OF TUKWILAFILE NO. L14-0066 rov¢d b "Fai(ui la City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington TUKWILA APPROVALS KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSONS) DR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS *X211 DAY OF _Fee, , 4TH S PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY ACKNOWLEDGMENTS STATE OF WASH) GTON COUNTY Or _ ' s, I CERTIFYTHAT]' 1 KNOW) OR HAVE SATISFACTORY EVIDENCE THAT _i_?./..02,1:7_ OU/'_ _b6,__G_+__ SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE CHIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT `.,,,`N AS_DJB"0,S, #, gQ \,slow Oa r, : NoranY - s PUBLIC t• • ' fWASO;4`‘A DAMAGE WAIVER SIGNATURE OF NOTARY PUBLIC PRINTED NAME C .N 1St 111it DATED Q2-OS-2PV MY APPOINTMENT EXPIRES t PER TMC 17.04.060 THE FOLLOWING PERSONS OR CORPORATIONS HAVING AN INTEREST IN THE SUBDIVIDED LAND WAIVE BY THEM AND THEIR SUCCESSORS ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC PROPERTY WITHIN THE SUBDIVISION: 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED LIABULTY COMPANY 20jk1_ RECORDER'S CERTIFICATE COIFOR1ED COPY 20160308000498 144TH ST REO P PLAT 157.08 PAGE -001 OF 804 03/08/2018 11:47 —SOF TEST OF MCR SUPT. OF RECORDS PUBLIC WORKS DIRECTOR'S CERTIFICATE I HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS-OF-WAY, DESIGN OF DRAINAGE SYSTEMS AND OTHER STRUCTURES. I CERTIFY THAT THE SUBDIVIDER HAS COMPLIED WITH ONE DF THE FOLLOWING) A. ALL IMPROVEMENTS HAVE BEEN INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF TUKWILA MUNICIPAL CODE TITLE 17 AND WITH THE PRELIMINARY PLAT APPROVAL, AND THAT ORIGINAL AND REPRODUCIBLE MYLAR OR ELECTRONIC RECORDS IN A FORMAT APPROVED BY PUBLIC WORKS AND MEETING CURRENT PUBLIC WORKS DRAWING STANDARDS FOR ROAD, UTILITY AND DRAINAGE CONSTRUCTION PLANS CERTIFIED BY THE DESIGNING ENGINEER AS BEING 'AS CONSTRUCTED' HAVE BEEN SUBMITTED FOR CITY RECORDS. B, AN AGREEMENT AND BOND OR OTHER FINANCIAL SECURITY HAVE BEEN EXECUTED IN ACCORDANCE WITH SECTION 17.24,030 OF THIS TITLE SUFFICIENT TO ASSURE COMPLETION OF REQUIRED IMPROVEMENTS AND CONSTRUCTION PLANS. EXAMINED AND APPROVED BY THE CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS THIS _DAY OFA.td'in , DIRECTOR DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed and approved by the DIRECTOR OF COMMUNITY DEVELOPMENT and hereby certified for filing / this_ -J_._- __day of i r, _ 20.. DIRECTO '3 + COM UNITY DEVELOPMENT CITY OF 'TUKWILA TREASURER'S CERT1RCA' E I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON 11115 0+11. DAY OF frhrt,.g 2011a_ Di 7)7 FINAN 0 RECTOR n /l MAYOR AND CLERK'S APPROVAL EXA ED ,-P-IVED THISai3O DAY OFG trK 9,f /j__/ 20 Lz CITY CLERK KING COUNTY APPROVALS EXISTING LEGAL DESCRIPTIONS PARCEL 1 - TAX LOT 0040000088 THE EAST 65.15 FEET OF LOT 4, BLOCK 2. ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF' PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 2 01 31 001 001 350; SUBJECT TO A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483; SUBJECT TO AND TOGETHER WITH A WATERLINE EASEMENT KC REC. NO. 20151007001218; SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. NO. 20150924001085. PARCEL 2 - TAX LOT 0040000094 LOT 5, BLOCK 2, ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; SUBJECT TO AND TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. NO, 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. N0. 20131001001350; SUBJECT TO A DRAINAGE PIPEUNE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; TOGETHER WITH A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483. TOGETHER WITH AND SUBJECT TO A WATERLINE EASEMENT KC REC. NO. 20151007001218; SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. NO. 20150924001086. (NOTE EASEMENTS INCLUDED IN THE LEGAL DESCRIPTIONS ABOVE WERE FROM CW TITLE COMPANY TITLE COMMITMENT NO. FS -40154719, DATED JULY 15, 2015 AT 8:00 AM) LAND SURVEYOR'S CERTIFICATE I, Richard L. Schroeter, 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, .courses and angles are shown thereon correctly) and that monuments other than those monuments approved for setting at a later date, have been set and lot corners stoked on the ground as depicted - thr •tat PROFESSIONAL L•Nli SURVEYOR KING COUNTY TREASURER'S CERT1RCATE y ,,e "\`\ I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS F1CIq '•;oF !!! 1.1 FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFI1 i i' •O• ,,1 I, 7 THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HERE) ..11 9 I CONTAINED, DEDICATED AS STREETS, ALLEEOR FOR ANY OTHER • • :Z j 0O, PUB IC USE, ARE PAID IN FULL THIS ___Q .,.____ DAY OF , 1; : y j a KING COUNTY DEPARTMENT OF ASSESSMENTS !tt* I• • • . • • seit`(' EXAMINED AND APPROVED THIS a5+, DAY OF F.el`uua r 1 , 204 Va IAN »11(6h t.,11, -L, /1' (;U 's 1 KING COUNTY YASSESSOR DEPUTY KING COUIJTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 71 P pSURy0 till 0 0 -4 CERTIFICATE NO.23604 00000000 ,.. , 0, SITE SOUTH 144TH STREET SOUTH 146TH STREET VICINITY NOT TO SCALE SHEET 1 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Seahurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 JOB NO. 530/4 FIELD DATE 11/11/07 DRWN BY LAW REVISED 1/13/16 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 8300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 Found 2" brass disk w/'X" in concrete in case - 11/11/07 30' J4th Avenue South City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington RECORDING" N0: VOL./PAGE 0 N 3.5' conveyed to the City of Tukwila Rec. #20050518000267 N87'35'.33" W (c) N87'35'52"W (m) South 744th Street IM 1V01'09'52"E 6.50' S87'35'33"E 65.15--- -- ' 1`j30.01' - I LOT 1 New Private 5' sidewalk easement (0) _ r--BSgU m a m t- P 1m ►- 10' Io North end 4' choin link fence is 0.3' north & 0.9' east of set rebar w/cap PUGET SOUND ENERGY EASEMENT REC. - NO. 20150129001483 IS OVER, UNDER, ALONG, ACROSS AND THROUGH THE EAST 65.15 FEET OF LOT 4. CENTERLINE DESCRIBED AS "AS CONSTURCTED" O M(o) 4- 10' NEW PRIVATE SANITARY-cv S885022 E SEWER EASEMENT REC. I #20150924001085 CN New Private 24' driveway easement (A) REBAR W/CAP SET 5/15/14 (TYP) a) O 0 z 21.93' ILOT L2 w ' 3 BS13L 4-1:0,3;.0 J m 1 1 w M in a` O Q PT, n w z `I uz blz o I --";;--r‘).4:';! w . L;) N: S88' '22"E Si88'50 22'E -21.92= 'n c vi 1.93'' -30.00) -r I.- -1 ,O ' h- _IL :711." LOT L©Towgoo 3 N O J) W O *CV Ui co CVO YIQ - r0. mI N IN on. a`; cn n o bo m ca m_ O t .‘7'.1 1e I p co I_aI to In O oOp- Nrij Z 8 co N .Lo Q 27 00'z -24.'92'4 ~j -i1 r j 25.93=m0 26.00' 1 51.92' I I i C S88 50 2z'E I 1 concrete monument in case on the northerly projection of the centerline of Tract A with the centerline of S. 144th St. - 7/15 New Private 5' sidewalk easement (C) 10' Exception for Rood Rec. #6060692. 2-430.544'(m) 1 t 66.94' - N 03.1) `n o O1 1,1 _ . 3.2 ! vol S87'35'33"E 16.79r 1.93=1 30.01 va I 11-0.11 JLOT 0 N r1 0 i in Water Line Easement Rec. No. 201510070012161 EW PRIVATE SANITARY SEWER EASEMENT REC.' #20150924001086 60.00' 3 PHASE 2 Basis of Bearing of this survey are monuments found of the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. GRAPHIC SCALE 30 0 rb 30 ISO w ( 00 FEET) 1 inch 30 ft t 51.94 S8T33'54"E TRACT B: TEMPORARY RECREATION TRACT Private Ingress, egress and N N c37'33'5 -30 01' 120.00 I (2) Temp. parking spaces 1I I Utilities Easement Rec. No. ---.- 20131001001350 Seattle City Light Easement Rec. No. 20110420000543- 3 N 10 Drainage Easement per KC Rec. No. 6319966 LEGEND ® Concrete Monument in Case Monument no case ) Tock in Lead or Nail & Disk - - • - Old Lot Lines. O Set rebar w/cap #23604 - - - Eosement Lines G) Found pipe or rebor Boundary Lines (P) (c) i1 1 1 LOT 1 9 J 68.75' N87'49'57"W Plat bearing or distance calculated bearing or distance M 0r 0 10' Temporary Landscape Easement 111 EXCEPTION 5 Water Line Easement( Rec. No. 20151007001218 New Private 24' driveway easement (B)1 NEW 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 Water Line Easement Rec. No. 20151007001218 L.PI -044 Found brass pin w/punch mark in concrete in case - 11/11/07 1748.47 NOTE: SEE PAGE3OF4FOR EASEMENT DIMENSIONS LOT WIDTHS LOTS RANGE IN WIDTHS FROM 21.92 FEET TO 30.01 FEET LOT AND TRACT AREAS TRACT A = 4,621 sf ± or 0.11 acres RECREATION TRACT B (TEMP) = 1,341 sf ± or 0.03 acres LOT 1 = 2,252 sf or 0.05 acres LOT 2 = 1,634 sf or 0.04 acres LOT 3 = 1,466 sf or 0.03 cores LOT 4 = 1,990 sf or 0.05 acres LOT 5 = 1,677 sf or 0.04 acres LOT 6 = 1,283 sf or 0.03 acres LOT 7 = 1,242 sf or 0.03 acres LOT 8 = 1,614 sf or 0.04 acres LOT 9 = 12,017 sf or 0.28 acres LOT ADDRESSES LOT NUMBERS STREET ADDRESS 2 3 4 5 6 7 8 SURVEY NOTES 14401 34 Ln. S. 14403 34 Ln. S. 14402 34 Ln. S. 14404 34 1.n. S. 14405 34 Ln. S. 14407 34 Ln. S. 14406 34 Ln. S. 14408 34 Ln. S. 1. Field doto for this survey was obtained by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 Found 2" brass disk w/punch mark in concrete in case - 11/11/07 South 748th Street SHEET 2 OF 4 1 1 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Seahurst, Washington 98062 <206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 1/13/16 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 4314665 LOT 1 LOT 2 N88'50.22"W 41193 A- o N (1`- 41.93' S88'50'22"E LOT LOT 5 6 DETAIL DRIVEWAY EASEMENT A SCALE 1" = 30' NORTH W N P 0 1n O W LOT rn / 7 0.O oN ZCV w0 M N 0 0 z LOT 8 S88'50'22"E' 25.93_ . o °O vi 93"' N88 -50'22"W 0 cn LOT 3 LOT 4 -- 588'50'22"E 41.93' nto O ,O o - 41.•3' o N85'5. 22"W LOT LOT 7 8 DETAIL DRIVEWAY EASEMENT B SCALE 1" = 30' NORTH DETAIL SIDEWALK EASEMENT B NOT TO SCALE NORTH S87'35'32"E 5.00 N87.35'32"W 19.43' N88'50 22"W LOT 1 DETAIL SIDEWALK EASEMENT D NOT TO SCALE LOT 2 NORTH S87'35'33"E 5.00' City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington DETAIL: EASEMENT LOCATIONS North 10 feet of Lot 5 RECORDING NO. Va../PAGE- LOT 5 20 0 (0111 LOT 6 N88'50'1,2"W 24.92' -- S88'50'22"E DETAIL SIDEWALK EASEMENT A NOT To SCALE NORTH N87',35'33"W 27.50' Pr) rn 1r o N88'50922"W LOT 3 LOT 4 DETAIL SIDEWALK EASEMENT C NOT TO SCALE NORTH LOT 7 LOT 8 N8T33'54"W 81.95 81.95' S87'33'54"E LOT 9 DETAIL LANDSCAPE EASEMENT NOT TO SCALE NORTH c•ir) No) 0 N0 N L0 Cod MO o' 0 .o 0 z LOT 2 4 LOT 6 ` NORTH n NOT TO SCALE 3 0 N F New Private 5' sidewalk easement (0) SEE DETAIL "SIDEWALK D South 744th Street 3.50' NOt'Q9'S2"E 587'35'33"E 6.50 New Private 5' sidewalk easement (C) SEE DETAIL "SIDEWALK C" b 1 587'35'33"E New Private 24' driveway easement (A) for the benefi Townhomes 1, 2, 5 and 6 SEE DETAIL "DRIVEWAY A" 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001085 INew Private 5' sidewalk easement (A) for the 1 benefit of Townhomes 5 and 6 DETAIL: J I SEE DETAIL "SIDEWALK A Waterline Easement Rec. No. 20151007001218 (portion of Lots 4 and 5, Block 2, Adams Home Tracts, V11/31.) // ////%!//, iv 01 In N 0 1n TRACT 13: TEMPORARY RECREATION (2) TEMPORARY PARKING SPACES -30..01 NORTH LINE OF THE SOUTH HALF OF LOT 3, BLOCK 2, ADAMS HOME TRACTS, VOL. 11/31 S8733'11"E 268.09' --_ _ Seattle City Light Easement Rec. No. 20110420000543 S87'33'11 "E NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001 086 New Privote 24' drivewoy easement (B) for the benefit of Townhomes 3, 4, 7 and 8 SEE DETAIL "DRIVEWAY 8" Waterline Easement Rec. No. 20151007001218 See "Detail Water Line Easement" portion of Lots 4 and 5, Block 2, Adams Horne Tracts, V11/31 New Private 5' sidewalk easement (B) for the benefit of Townhomes 7 and 8 SEE DETAIL "SIDEWALK B" 10' TEMPORARY LANDSCAPE EASEMENT SEE DETAIL "LANDSCAPE EASEMENT" NEW PRIVATE 5' SIDEWALK EASEMENT 1I 1111 1 1111 NEW TEMPORARY LANDSCAPE EASEMENT TRACT B TEMPORARY RECREATION NEW PRIVATE DRIVEWAY EASEMENT 10 Drainage Easement per KC Rec. No. 6319966 NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 LOT 9 30 10' NORTH GRAPHIC SCALE 0 15 30 120 OS( •0064 (INFEET ) 1 inch - s° IL SHEET 3 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS RD, Box 813, Seohurst, Vashington 98062 <206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 JOB NO. 530/4 PROJECT NO, 07181 FIELD DATE 11/11/07 DRWN BY LAW REVISED 1/13/16 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98186 Telephone (206) 431.3670 FAX (206)431-3665 TRACT NOTES City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington RECORDING NO. VOL/PAGE TRACT A: INGRESS, EGRESS AND UTILITIES EASEMENT TRACT A IS A PRIVATE JOINT USE INGRESS, EGRESS, AND UTILITIES TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 9 AND FUTURE PHASES OF THE OSTERLY PARK TOWNSHOMES, AS APPROVED UNDER TUKWILA FILE NUMBERS L08-079 AND L12-0005. OWNERSHIP OF LOTS 1 THROUGH 9 OF THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT AND ANY UNDERLYING UTILITIES. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT A SHALL BE THE OSTERLY PARK TOWNHOMES OWNERS ASSOCIATION. DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE DECLARATION OF CONVENTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR THE OSTERLY PARK TOWNHOMES UNDER KING COUNTY RECORDING NUMBER S ° ' 1± LEGAL DESCRIPTION FOR TRACT A, AN INGRESS, EGRESS AND UTILITIES EASEMENT: THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52" WEST 151.20 FEET; THENCE NORTH 87'33'54" WEST 30.01 FEET; NORTH 01'09'52" EAST 157.68 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144Th STREET; THENCE SOUTH 87'35'32" EAST, ALONG SAID MARGIN, 13.21 FEET; THENCE SOUTH 01'09'52" WEST 6.50 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'33" EAST, ALONG SAID MARGIN, 16.79 FEET TO THE POINT OF BEGINNING; SUBJECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET THEREOF; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; SUBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20110420000543; TOGETHER WITH AND SUBJECT TO A PUGET SOUND ENERGY EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20150129001483; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 20131001001350; TOGETHER WITH AND SUBJECT TO A WATERLINE EASEMENT KC REC. NO. 20151007001218; TRACT B: TEMPORARY RECREATION TRACT OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT B SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION; LEGAL DESCRIPTION FOR TRACT B, A TEMPORARY RECREATION TRACT: THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31. 111 KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'52" WEST. ALONG THE WEST LINE OF SAID PLAT, 25.25 FEET ; THENCE SOUTH 87'33'54" EAST 51.94 FEET; THENCE NORTH 01'09'52" EAST 26.40 FEET; THENCE NORTH 88'50'22" WEST 51.92 FEET TO THE POINT OF BEGINNING. DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER — PROPERTY NOTES 1. THE UNIT LOTS ARE NOT SEPARATE BUILD ABLE LOTS, AND ADDITIONAL DEVELOPMENT ON THE INDIVIDUAL UNIT LOTS MAY BE LIMITED AS A RESULT OF THE APPLICATION OF DEVELOPMENT TO THE PARENT LOT. DEVELOPMENT SHALL BE PER THE APPROVED DESIGN REVIEW RECEIVED FROM THE CITY OF TUKVALA UNDER FILE NUMBERS L08-076 AND L12-005. 2. THE FOLLOWING CONDITIONS OF PRELIMINARY APPROVAL SHALL BE DEFERRED TO BUILDING PERMIT FOR INDIVIDUAL UNITS: A) CONSTRUCTION OF PERIMETER FENCE, RECREATION AREA, IRRIGATION, LIGHTING, LIGHTING FIXTURES, COLORED AND PATTERNED SHARED DRIVEWAY AREAS, RECREATION AREA LANDSCAPING (IRRIGATION AND EQUIPTMENT) AND LANDSCAPING SHALL BE DEFERRED TO THE BUILDING PERMITS. 8) SCREENING OF THE INDIVIDUAL METERS, ELECTRICAL BOXES AND SIMILAR EQUIPMENT NECESSARY FOR PROJECT INFRASTRUCTURE SHALL BE REVIEWED AS PART OF THE BUILDING PERMIT FOR EACH UNIT. DRIVEWAY EASEMENTS A. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 1, 2, 5 AND 6. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS. CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER ?C/6;OF• 000 i9 LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1, 2, 5 AND 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'55" WEST, ALONG THE EAST LINE OF SAID LOT 2, 62.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'50'22" WEST 41.93 FEET; THENCE SOUTH 01'09'52" WEST 24.00 FEET; THENCE SOUTH 88'50'22" EAST 41.93 FEET TO THE EAST UNE OF SAID LOTS 2 AND 6; THENCE NORTH 01'09'52" EAST, ALONG SAID EAST LINE, 24.00 FEET TO THE TRUE POINT OF BEGINNING B. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 3, 4, 7 AND 8 FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER 2/,./Z, 030E 42 0_121 LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 3, 4, 7 AND 8 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52 WEST, ALONG THE WEST LINE OF SAID LOT 3, 55.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88'50'22" EAST 41.93 FEET; THENCE SOUTH 01'09'38" WEST 24.00 FEET; THENCE NORTH 88'50'22" WEST 41.93 FEET TO THE WEST LINE OF SAID LOTS 3 AND 7; THENCE NORTH 01'09'52" EAST, ALONG SAID WEST LINE, 24.00 FEET TO THE TRUE POINT OF BEGINNING. TEMPORARY LANDSCAPE EASMENT TEMPORARY PRIVATE LANDSCAPE EASEMENT FOR THE BENEFIT OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066. DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER 014. 03210c4_`J 3. LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 9 AND TRACT A OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER CORNER OF LOT 9, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'38" WEST, ALONG THE EAST LINE OF SAID LOT, 20.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87'33'54" WEST 81.95 FEET TO THE WEST UNE OF SAID TRACT A; THENCE SOUTH 01'09'52" WEST, ALONG SAID WEST UNE, 10.00 FEET; THENCE SOUTH 87'33'54" EAST 81.95 FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH 01'09'38" EAST, ALONG SAID EAST LINE, 10.00 FEET TO THE TRUE POINT OF BEGINNING. SIDEWALK EASEMENTS A. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 5 AND 6. FOR DETAILED MAINTENANCE - RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER .2Lk U13P12.o OO -f f LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09'38" EAST, ALONG THE EAST UNE OF SAID LOT 6. 5.00 FEET; THENCE NORTH 88'50'22" WEST 24.92 FEET TO THE EAST LINE OF LOT 5, OSTERLY PARK; THENCE SOUTH 01'09'52" WEST, ALONG THE EAST LINE OF SAID LOT 5, 5.00 FEET; THENCE SOUTH 88'50'22" EAST. ALONG THE SOUTH LINE OF SAID LOT 6, 24.92 FEET TO THE EAST LINE OF SAID LOT 6 AND THE POINT OF BEGINNING. B. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 7 AND 8. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 7, 8 AND 9 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09'52" EAST, ALONG THE WEST OF SAID LOT 7, 2.50 FEET; THENCE SOUTH 88'50'22" EAST 25.93 FEET TO THE WEST UNE OF LOT 8, OSTERLY PARK; THENCE SOUTH 01'09'38" WEST, ALONG THE EAST LINE OF SAID LOT 8 AND ITS PROJECTION SOUTHERLY, 5.00 FEET; THENCE NORTH 88'50'22" WEST 25.93 FEET TO THE EAST LINE OF SAID LOT 9; THENCE NORTH 01'09'52" EAST, ALONG SAID EAST LINE, 2.50 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7 AND THE POINT OF BEGINNING. C. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 3 AND 4. FOR DETAILED MAINTENANCE RESPONSIBIUTIES SEE THE CONVENTS. CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER TA 1.1' r sem, 9' LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 3 AND 4 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 4, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 8T35'33" WEST, ALONG THE NORTH OF SAID LOT 4, 27.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'09'38" WEST 20.59 FEET; THENCE NORTH 88'50'22" WEST 5.00 FEET; THENCE NORTH 01'09'38" EAST 20.70 FEET TO THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 87'35'33" EAST, ALONG THE NORTH LINE OF SAID LOTS, 5.00 FEET TO THE TRUE POINT OF BEGINNING. 0. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 1 AND 2. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTION UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1 AND 2 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 87'35'33" WEST. ALONG THE NORTH OF SAID LOT 1, 19.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'09'52" WEST 28.70 FEET; THENCE NORTH 88'50'22" WEST 5.00 FEET; THENCE NORTH 01'09'52" EAST 28.81 FEET TO THE NORTH UNE OF SAID LOT 2; THENCE SOUTH 87'35'33" EAST, ALONG THE NORTH LINE OF SAID LOTS, 5.00 FEET TO THE TRUE POINT OF BEGINNING. Ley -49406a SHEET4 OF 4 SCHROETER®LAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box' 813, Seahurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB N0. 530/4 FIELD DATE 11/11/07 REVISED 12/29/15 Osterly Park Townhomes Final Subdivision Notes 1/7/2016 Need to figure out what's needed for Council review. • Staff report format • Written findings of fact issued by Council after hearing • Notice of Decision • Is an ordinance needed? L(I iLil , Gj7 (5 • • Need to coordinate w/Christy to figur o Is a briefing memo needed? Z `slops c ow 1 „✓ t.h U o ' upobl(c. 1 Cvr'( ►g materials and'process teary wibLi 1(PC J€5i'/ DN ft,brvt( ..9 z5-)411 Planriing Department (op\i Rit -n-I4/ k'7re SG k' d)(/ EYe.Q,'1. a -44.C 4.-S f YKS' I u fid , 6-/7- 0-01.1 l7, We've never processed a subdivision that had Planning Commission Approval preliminary / approval; samples I reviewed had either City Council or Hearing Examiner preliminary approval RCW 58.17.110 — see requirement related to written findings V We had talked about allowing improvements not provided as conditions of building permit final. Is bond/cash assignment required? See RCW 58.17.110. Items to be deferred are not critical infrastructure. Should new townhome structures be shown on the survey document? Horizontal datum not shown (NAD 83 required by RCW)? Need stamp on each page of survey Need space for Auditor's file #? UV Survey Sheet 1 Signature space for the Director of Community Development needs to be added under "Tukwila Approvals" Verls space for signature by Seattle and King County Public Health required? This is listed in TMC 17.14.030. May only apply to subdivision of rural lands. 3 TUKWILA in TUKWILA INTERNATIONAL BLVD is misspelled on vicinity map. Sheet 2 1) Condo parcels have been added. However, they don't appear to be shown correctly. The dashed blue lines are used to symbolize both adjacent parcel boundaries as well as easements, which is confusing. Page 1 Fau4�Sx:. � bxaMr4 .aB: 3•sAvJe hl1 . 1.4:41.....7F4'4.6.3:1-1' SE 2) What is the "EXCEPTION" 60' area labeled to the east of the project site? 3) Do dimensions of easement areas need to be shown more dearly? a &Le /65 Hryvkt(; t te40,1-00 :1 ro't'es' Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes 1) Table of Contents should include the stormwater maintenance section. etc ►,-4 , (e : c 6tee rims al lad ,AktiAt tray 0{e, l 1J1 ? Xtv 51m (v c11 ' S rbL2, , r�tPiriGt. cool p - . I' byt-fi ?l s l'ft Page 2 of 2 01/08/2016 Dear City of Tukwila, Jack Pace, Bob Giberson I have been working on Osterly Park Townhomes now for several years and am close to getting the first four units (2 buildings) completed. I need the Final Subdivision recorded before I can do that and there is a requirement that I need a Bond for the landscaping, Picnic tables, and Sprinkler systems. (Estimated at $25,000.00). Jaimie Reavis, the planner working on my project informed me of this. I spoke to the bank and my bonding company and they will not help me with this matter. With my limited resources, my wife and I have placed all available monies into the project possible and need to' sell the first 4 units before we can do anything else and if we don't sell hem them the bank will come get them. As you may have seen it has taken 7 years of hard work just to get to this point and we are very proud of our project. Looking at the landscaping drawings, we will have 50 % of the landscaping g completed before these units can be sold, so the bond would have only covered the back 50 % of the lot. We are turning the building permit request in before the end of the year and we will start construction as soon as the first 4 units are sold, in this market that will not take long. It would be impossible to install the landscaping prior because of the nature of the construction itself, everything would be destroyed. I expect to have all units in and completed by June of 2016 including all landscaping. I hope you can help me; I will work out whatever I can to meet your requirements. If they would of allowed us to get a bond we would have been able to do that, but 25,000 cash is just not possible at this time. Thank You Mike Overbeck Osterly Park Townhomes RECEIVED DEC 14 2015 COMMUNITY DEVE1.OF'MF NT Trees Quantity Botanical Name I Common Name Size Notes Acerrub'um irxerrlal1 Bowhall Maple GreenMrav Alaska Ctdar Canus'Eddie's Wrote Wonder Eddies Wide Wonder Pegrmod 2.3'cal. 13 Picea dmore. Serbian Spruce 6'..8. ht. Shrubs Ou entity Botanical Name Common Name Size Notes 74 C0lamagnosl is x acg.ie 'Karl Foerst21 Feather Read Grass 1 gal. 24 Hydrangea macrcphylla'Bua Wave Blue Nlave Hydrangea 5 gal. 49 Liri202 mfsmri eg Bee Lily TW 1 cal. 96 Nandinadoeneslca firepower Fragewer Heavenly Bamboo 2 gal. 7 Nandlnadomaslica Plum Passim' Plum Pasaal Heavenly Barnboo 5gal. 41 Pitwsporunttbira V4neeler`s ['wart Wheeler's Dyad Toblra 5gal. 12 Pelysichummundum Western Sword Fern 1 gal. 17 Rhododendron'Cilpenonse' Cllpenense Rhododendron 59a1. 17 Rhodoiendrm Top Eanara' Top Bane. nodo4endron 5gat. a Ribas snaguira.,m Xing E70014 NP 7194 Foweeng Csrrenl 5 Pal. 51 Speaoa ppmi2954agic Carpel Magic Carpet Speea 5gal. Groundcovers Quantity Botanical Name Common Name Size Notes I,:rl9rar8 hydloseeded Climbing Vines OU entity Botanical Name Common Name Size Notes Clerma1,1 annagd1i 60005(een Clematis 1 9al. 1 per wood arbor Clerru-rs errrundii Evergreen Oenans 1 gal 2 per bldg trolls Required Type I landscaping goer TMC 18.52.0301 Total Lineal Feet of Properly Lina Perimeter - 582 U. Total lineal Feet of Perimeter Curb Cuts = 281.1. Total lineal Feel of Perkreter for Landscape Calculations = 582 - 28 Total lineal Feet of Perimeter for landscape Calculations = 554 Required Trees - 1 per 30 lineal feet of req. perimeter (excluding curb cuts) Required Trees - 55411. / 30 Required Trees - 18 (18.4) Required Evergreen Trees = 75% of Req. Trees Required Evergreen Trees = 75%x 19 Required Evergreen Trees = 15 (1425) Required Deciduous Trees - Req. Tr000 - Req, Evergreen Trees Required Deciduous Trees - 19-15 Required Deciduous Trees - 4 Required Slobs - 1 per 7 kneel feet of req. perimeter (excluding curb nus) Required Shrubs — 554 Li. / Required Shrubs = 80 (79.14) Required Evergmen Shrubs - 75% of Req. Shrubs Required Evergreen Shrubs - 75%x80 Requied Evergreen Shrubs - 60 Required Deciduous Shrubs = Req. Shrubs- Req. Evergreen Shrubs Required De5Muous Shrubs = 89-60 Required Deciduous Shrubs - 20 Perimeter Evergreen Trees Required - 19 Perimeter Evergreen Trees Provided -19 Perimeter Deciduous Trees Required - 4 Perimeter Deciduous Trees Provided = 6 Perimeter Evergreen Shrubs Required - 60 P00imeter Evergreen Shrubs Provided - 157 Perimeter Deciduous Shrubs Required - 20 Perimeter Deciduous Shrubs Provided — 51 plant slightly higher than grown in nursery end Insure crown is not buried after settling and mulching fill planting pit with native soil or specified backfill scarily edge of plentxg pt Otree planting plan skgMN Nglar than grown in nursery and of bred after settling and mulching fill parting pit with native sou or speceied backfin scarily edge of panting p9 X. diameter black rubber hose 8 12 ga. wire tie. height to be just Ih5at onelevel only h to tree uptight. (3) 2,2 d.f. wood stakes or rebar drive to refusal outside football scarily rmtba1 & spread roots. or cut Mica 8 pull burlap ori top (0 of football 2' depth mulch 4' watering basin finish grade existing soil firmy lamp prepared soil to avoid settling NOTE, stake trees on/y If determined necessary by LA. Oshrub & groundcover planting MLLE .locab scanty roomed a spread roots. or cut Nitre 8 pull burlap on top K of rootbae 2' depth mulch 4. watering basin finish grade existing soil firmly tamp prepared soil to avoid settling FUTURE PHASE for LEGEND: — — storm sewer (see civil) — as — sanitary sewer (see cid) w -- water line (see mal) - - - power line (see civil) — Gas — gas line (see civil) required landscape perimeter — phasing delineation note: uhlites shown on landscape plan are schematic. sae GNI and/or r0414 plans for exact locations. `UR PI-IAE T_ '-- ' FUTURE PHASE GENERAL NOTES: 1. Required perimeter planting shall meet the folloMng size requirements per TMC 18.52.0301 Deciduous Sees shall be 0 caliper minimum Evergreen trees shell be 8' height minimum Shrubs shall be 18' height mlMmum 2. Al planting and lawn areas shall be sewed by an automatic Irrigation system per TMC 1952.040.H. Irrigation plan shall be Desgneuild by installing contractor and shad meet al applicable codes and Design/Buil Irrigation Specifications to be provided by Landscape Architect. Installing contractor shall provide the irrigation design to landscape Architect for approval prior to construction. FSE 1 Osterly Park Townhomes 3429 South 144th Street Tukwila, Washington . MURIRE PHASE FUTURE PHASE 0 10 20' 47 SCALE:1'=20'-0' NORTH OIAD CORIRCATE MO. 931 project number: 20081020 drawn: CSW checked: Snide 342 date issue/revision 9/10/2008 Prelim. Review 9222009 Revi9on 8/92010 Revision 9/92010 Utility update 222012 Phase 1 Revls'wns Planting Plan December 18, 2015 Mr. Mike Overbeck 4620 S. 148th Street Tukwila, WA 98168 City of Tukwila Jim Haggerton, Mayo! Department of Community Development Jack Pace, Director Re: Comment letter #3 on final subdivision submittal — Osterly Park Townhomes (Tukwila file #L14-0066) Dear Mr. Overbeck, We have completed a review of your application for final subdivision. Below are comments from each department. Fire Department • No comments Building Department • No comments Public Works Department 1) Private Ingress, Egress, Storm System and Utilities Easement recorded under KC recording # 20131001001350 needs to be re-recorded: a) add consecutive page numbers (maintain 1" margin clearance on the bottom b) delete items shown in yellow on page 3 c) since Grantor and Grantee are the same please add the following statement in large bold letters "IT IS THE INTENT OF THE GRANTOR THAT THIS AGREEMENT SHALL NO BE EXTINGUISHED BY THE DOCTRINE OF MERGER" 2) Item 1.c shall be added to Declaration of CC&Rs (may be on pg 5 below the title?) 3) Detailed maintenance activities the Osterly Park Townhomes Homeowners Association will take, along with a maintenance log, should be added as a section of the CC&Rs under the underlined text that says "Annual Storm Drain Maintenance Plan Instructions" — this is located on the sheet in the CC&Rs that comes before the StormTech Isolator Row O&M Manual. The text should include the following (see section 2.1 and 2.2 on page 3 of the StormTech Manual). The CC&Rs should also include a map showing the location of ports and manholes of the StormTech system so that these do not have to be located with an underground camera in the future. (94\ll Page 1# "At a minimum, the StormTech system in the Osterly Park Townhomes should be inspected annually by an authorized contractor. Authorized contractors as of 12/17/2015 include the following: Western Washington Vac Companies Lavelle Vac & Drainage Tom LaVelle 253.815.0988 Tom@alvellevac.com Federal Way, WA ProVac Hank Celigoy 253.435.4328 hank@pro-vac.com Puyallup, WA Catchall Environmental Jeff McInnis PE (with BergerAbam) 253.572.0989 Jeff@catchallenvironmental.com Tacoma, WA Bravo Environmental Ashley Baldwin 6437 S 144th St. Tukwila, WA 98168 425.424.9000 Oregon Vac Companies Bravo Environmental 4927 NW Front Ave. Portland, OR 97210 503.261.9800 Metro Rooter & Plumbing (MRP Services) 10630 NE Marx St. Portland, OR 97220 503.253.4828 (this might be next door to Contech's PMF facility where they make cartridges) Lovett 6920 NE 42nd Ave. Portland, OR 97218 503.737.8423 Page 2 of 4 12/18/2015 t Planning Department Survey Sheet 2 1) Most of the existing parcels within Phase 2 were added with the latest round of revisions. However, the parcels within the northern part of Phase 2, currently occupied with condos (see area circled in red from Assessor's Map below), are not shown. These parcels should be added to Sheet 2 and shown as dashed lines like other property lines shown for adjacent areas to the east and west of the project site. Sheet 3 1) There's a typo in the label for the sidewalk easement between Tots 1 and 2. The reference should be changed from "New Private 5' sidewalk easement C" to "New Private 5' sidewalk easement D". 2) Include all easements and recording numbers on sheets 3 and 4, including the location and recording numbers for easements from Water District #125 and Puget Sound Energy. Sheet 4 1) The "Property Notes" should be revised to include the following: a. Irrigation, lighting, Tight fixtures, colored and patterned shared driveway areas, and recreation area landscaping, irrigation, and equipment should be added to the list of items to be deferred to the building permits. the properly rules un Sheet 4. We -will send you the note that will need to be on Paoe Z nfd 11/12//1115 r Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes 1) The information in the CC&Rs should include details on maintenance activities and maintenance responsibilities for the patterned shared driveway areas. Page 4 of 4 12/18/2015 When Recorded, Return to: 144th Street REO Partners, LLC 13975 Interurban Ave S Tukwila, WA 98168 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES Grantor: Grantee: 144th St REO Partners, LLC and/or Julia Overbeck 144th Street REO Partners, LLC Legal Description (Abbreviated): Osterly Park Townhomes, Lots 1 through 9 Complete on: EXHIBIT A Assessor's Tax Parcel ID #: Phase 1: 0040000088, 0040000094 Reference Nos. of Documents Released or Assigned: TABLE OF CONTENTS PAGE ARTICLE 1 DEFINITIONS 1 1.1. WORDS DEFINED 1 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 4 ARTICLE 3 ASSOCIATION 4 3.1. FORM OF ASSOCIATION 4 3.2. MEMBERSHIP 4 3.3. VOTING 4 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS 6 3.5. BYLAWS OF ASSOCIATION 6 ARTICLE 4 MANAGEMENT OF THE ASSOCIATION 7 4.1. INTERIM BOARD OF DIRECTORS 7 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS 7 4.3. AUTHORITY AND DUTIES OF THE BOARD 7 4.4. BOARD ORGANIZATION AND OPERATION 8 4.5. PROFESSIONAL MANAGEMENT 8 ARTICLE 5 ASSOCIATION FINANCES 9 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES 9 5.2. BUDGETING FOR RESERVES 10 5.3. SPECIAL ASSESSMENTS 10 5.4. SPECIFIC ASSESSMENTS 10 5.5. AUTHORITY TO ASSESS OWNERS 10 5.6. TIME OF PAYMENT 10 5.7. OBLIGATION FOR ASSESSMENTS 11 5.8. LIEN FOR ASSESSMENTS 12 5.9. EXEMPT PROPERTY 12 5.10. CAPITALIZATION OF ASSOCIATION 12 ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 13 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS 13 6.2. ASSOCIATION'S RESPONSIBILITY FOR EXTERIOR MAINTENANCE 13 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS 14 6.4. OWNER'S RESPONSIBILITY 1.4 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION••• 15 ARTICLE 7USE RESTRICTIONS AND RULES 15 Osterly Park Townhomes Declaration Table of Contents -page i 7.1. 7.2. 7.3. 7.4. 7.5. 7.6. 7.7. 7.8. 7.9. 7.10. 7.11. 7.12. 7.13. 7.14. 7.15. 7.16. 7.17. GENERAL RESIDENTIAL USE ARCHITECTURAL STANDARDS SIGNS OCCUPANTS BOUND NUISANCE SUBDIVISION OF LOT FENCES AIR-CONDITIONING UNITS LIGHTING MAILBOXES PARKING PETS GARBAGE EXTERIOR SECURITY DEVICES EXTERIOR AREAS OF LOTS LANDSCAPING ARTICLE 8 INSURANCE 8.1. 8.2. 8.3. 8.4. ASSOCIATION INSURANCE PAYMENT AND ENDORSEMENTS OWNER'S INSURANCE RECONSTRUCTION ARTICLE 9 EASEMENTS 15 15 15 17 17 17 18 18 18 18 18 18 18 19 19 19 19 19 19 20 20 21 21 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG 21 9.2. EASEMENTS FOR USE AND ENJOYMENT 21 9.3. GRANT OF EASEMENT FOR UTILITIES 22 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS 23 9.5. EASEMENT FOR MAINTENANCE 23 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT 23 ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES ••• 25 10.1. GENERAL RULES OF LAW TO APPLY 10.2. 10.3. ARTICLE ARTICLE 25 MAINTENANCE; DAMAGE AND DESTRUCTION 25 RIGHT TO CONTRIBUTION RUNS WITH LAND 25 11 CONSENSUS FOR ASSOCIATION LITIGATION •••• 25 12 MORTGAGEE PROTECTION 12.1. ABANDONMENT OF DECLARATION 12.2. PARTITIONS AND SUBDIVISIONS 12.3. CHANGE IN ASSESSMENT METHODS, ETC 26 26 26 26 Osterly Park Townhomes Declaration Table of Contents -page ii 12.4. COPIES OF NOTICES 26 12.5. EFFECT OF DECLARATION AMENDMENTS 26 12.6. INSPECTION OF BOOKS 26 12.7. AMENDMENTS BY BOARD 27 ARTICLE 13 GENERAL PROVISIONS 27 13.1. ENFORCEMENT 27 13.2. SELF-HELP 27 13.3. DURATION 27 13.4. AMENDMENT 28 13.5. GENDER AND GRAMMAR 28 13.6. SEVERABILITY 28 13.7. CAPTIONS 28 13.8. INDEMNIFICATION 28 13.9. BOOKS AND RECORDS 29 13.10. FINANCIAL REVIEW 29 13.11. NOTICE OF SALE, LEASE OR ACQUISITION 30 13.12. AGREEMENTS 30 13.13. IMPLIED RIGHTS 30 13.14. VARIANCES 30 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E LEGAL DESCRIPTION DESCRIPTION OF COMMON AREAS EASEMENT FOR VEHICULAR ACCESS [Lots 1, 2, 5, 6] EASEMENT FOR VEHICULAR ACCESS [Lots 3, 4, 7, 8] ADDITIONAL ITEMS Oster/y Park Townhomes Declaration Table of Contents page iii DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS is dated for reference purposes this day of , 2015, and is made by Julia Overbeck, and/or 144th Street REO Partners, LLC, ("Declarant"). RECITALS A. Declarant is the owner of the real property located in the City of Tukwila, King County, Washington, more particularly described on the attached EXHIBIT A ("Property"). B. Declarant desires to subject the Property to the provisions of this Declaration to create a residential community of eight (8) town -homes. Full build out of the Community will include 31 townhomes, all of which will be subject to this Declaration as amended during final subdivision approval for Phase II of the Osterly Park Townhomes ("Community"). Now, THEREFORE, Declarant hereby declares that the Property, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the Property, and shall be binding on all persons having any right, title or interest in all or any portion of the Property, their respective heirs, legal representatives, successors, successors -in -title and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE1. DEFINITIONS 1.1. WORDS DEFINED. THE FOLLOWING WORDS, WHEN USED IN THIS DECLARATION (UNLESS THE CONTEXT SHALL PROHIBIT), SHALL HAVE THE FOLLOWING MEANINGS: Osterly Park Townhomes Declaration page5 1.1.1. "Association" shall mean the Osterly Park Townhomes Owners Association, a Washington nonprofit corporation, its successors and assigns to be formed. 1.1.2. "Board of Directors" or "Board" shall mean the appointed or elected board of directors of the Association having its normal meaning under Washington law. 1.1.3. "Bylaws" shall refer to the duly adopted Bylaws of the Association. 1.1.4. "Common Areas" shall mean all real and personal property, including easements which the Association owns or leases or in which it otherwise holds possessory or use rights, all for the common use and enjoyment of the Owners including, without limitation, those areas and facilities described on attached EXHIBIT B. Common areas also include both Tract A and Tract B. 1.1.5. "Common Expenses" shall mean expenditures made by, or financial liabilities of, the Association which are related to the Common Areas and the general operation of the Association, including, without limitation, maintenance and repair of certain exterior portions of the residential improvements constructed on the Lots as provided herein, certain utilities and systems serving such improvements, landscaping maintenance for the Lots and allocations to reserves. 1.1.6. "Community" shall mean and refer to the Property described in EXHIBIT A, attached hereto, and all improvements to such Property including, without limitation, the townhomes constructed on the Lots. 1.1.7. "Community -Wide Standard" shall mean the standard of conduct, maintenance, or other activity as initially established by Declarant and as generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. 1.1.8. "Declarant" shall mean and refer to 144th Street REO Partners, LLC, a New Mexico limited liability company, and its successors -in -title and assigns, provided, in the instrument of conveyance to any such successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the 'Declarant" hereunder at the time of such conveyance; provided, further, upon designation of a successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease. 1.1.9. "Declarant Control Period" shall mean the period of time during which Declarant is entitled to appoint the members of the Board. The Declarant Control Period shall expire on the first to occur of the following: (a) when Declarant owns less than 4 Lots for development and/or sale in the Community; (b) when, in its sole discretion, Declarant so determines in a notice recorded in the real property records of King County, Washington. Osterly Park Townhomes Declaration page2 1.1.10. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Easements for Osterly Park Townhomes; as it may be amended. 1.1.11. "Governing Documents" shall mean this Declaration, as it may be amended, the Articles of Incorporation and Bylaws of the Association and any rules and regulations adopted by the Association. 1.1.12. "Lot" shall mean any legally conveyable parcel of land within the Community, together with the improvements constructed thereon, which constitutes a residence, as shown on a plat recorded in the land records of King County, Washington. The ownership of each Lot shall include, and there shall pass with each Lot as an appurtenance thereto, whether or not separately described, all of the right, title and interest of an Owner in the Common Areas, which shall include, without limitation, membership in the Association. 1.1.13. "Mortgage" means any mortgage, deed of trust and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.14. "Mortgagee" shall mean the holder of a Mortgage. 1.1.15. "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.16. "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation. 1.1.17. "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.18. "Plat" means that certain subdivision of the Property more particularly described on the attached EXHIBIT A. 1.1.19. "Property" shall mean the real property described in EXHIBIT A attached hereto. 1.1.20. "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant), and the consent of Declarant so long as Declarant owns any Property for development and/or sale in the Community. Osterly Park Townhomes Declaration page3 11.21. "Townhome" shall mean and refer to any structure located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family. ARTICLE 2. PROPERTY SUBJECT TO THIS DECLARATION The Property which is, by the recording of this Declaration, subject to the covenants, conditions and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the real property described in EXHIBIT A, attached hereto and by reference made a part hereof. ARTICLE 3. ASSOCIATION 3.1. FORM OF ASSOCIATION. The Association shall be a non-profit corporation formed under the laws of the State of Washington; provided that from and after the formation of such non-profit corporation, the rights and duties of the members of such corporation shall continue to be governed by the provisions of this Declaration. 3.2. MEMBERSHIP. 3.2.1. Qualification. Each Owner (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned; provided that if a Lot has been sold on contract, the contract purchaser shall exercise the rights of the Lot Owner for the purposes of the Association, this Declaration and the Bylaws, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for membership intbe Association. 3.2.2. Transfer. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon transfer of the title to said Lot, and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner of such Lot. 3.3. VOTING. 3.3.1. Number of Votes. The Association shall have two classes of voting membership: Osterly Park Townhomes Declaration page4 (a) Class A. Class A members shall be all Owners with the exception of Declarant. Each Owner shall be entitled to one vote for each Lot owned. (b) Class B. The Class B member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon expiration of the Declarant Control Period. 3.3.2. Voting Owner. There shall be one (1) voting representative of each Lot. Declarant shall be considered an "Owner" and shall be the voting representative with respect to any Lot owned by Declarant. If a person (including Declarant) owns more than one Lot, the person shall have the votes for each Lot owned. The voting representative shall be designated by the Owner but need not be an Owner. The designation shall be revocable at any time by actual notice to the Association from a party having an ownership interest in a Lot, or by actual notice to the Association of the death or judicially declared incompetency of any person with an ownership interest in the Lot. This power of designation and revocation may be exercised by the guardian of an Owner, and the administrators or executors of an Owner's estate. Where no designation is made, or where a designation has been made but is revoked and no new designation has been made, the voting representative of each Lot shall be the group composed of all of its Owners. 3.3.3. Joint Owner Disputes. The vote of a Lot must be cast as a single vote, and fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their votes shall be cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular Lot, none of said votes shall be counted and said votes shall be deemed void. 3.3.4. Pledged Votes. If an Owner is in default under a first Mortgage on a Lot for ninety (90) consecutive days or more, the Mortgagee shall automatically be authorized to declare at any time thereafter that the Owner has pledged his or her vote on all issues to the Mortgagee during the continuation of the default. If the Association has been notified of any such pledge to a Mortgagee, or in the event the record Owner or Owners have otherwise pledged their vote regarding special matters to a Mortgagee under a fully recorded mortgage, or to the vendor under a duly recorded real estate contract, only the vote of such Mortgagee or vendor will be recognized in regard to the special matters upon which the vote is so pledged, if a copy of the instrument with this pledge has been filed with the Association. Amendments to this Section shall only be effective upon the written consent of all of the voting Owners and their respective Mortgagees and vendors, if any. Osterly Park Townhomes Declaration pages 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS. 3.4.1. Annual Meetings, Audits. There shall be an annual meeting of the Owners in the first quarter of each calendar year, or such other fiscal year as may be adopted by the Association, at such reasonable place and time as may be designated by written notice of the Association delivered to the Owners no less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. At the annual meeting, there shall be presented a report of the itemized receipts and disbursements for the preceding fiscal year, and allocation thereof to each Owner, and the estimated expenses, if any, for the Association for the coming fiscal year. Any Owner, at the Owner's own expense, may at any reasonable time make an audit of the books of the Association. 3A.2. Special Meetings. Special meetings of the Owners may be called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the Owners, or for any other reasonable purpose. Such meeting shall be called by the petition of Owners holding not less than 10% of the Class A votes or as otherwise provided in the Bylaws. Such notice shall be delivered not less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting and, in general, the matters to be considered. 3.4.3. Quorum Requirements for Association Meeting. At all meetings of the Owners, 25% of the Owners present in person or by proxy shall constitute a quorum. A majority of Owners present and entitled to vote, either in person or by proxy, shall be sufficient for the passage of any motion or the adoption of any resolution, except in connection with amendment or repeal of this Declaration. If the required quorum is not present, another meeting may be called subject to the requirement of written notice sent to all members at least ten (10) days in advance of such meeting. In. the absence of a quorum of a members' meeting, a majority of those present in person or by proxy may adjourn the meeting to another time but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date. 3.5. BYLAWS OF ASSOCIATION. 3,5.1. Adoption of Bylaws. Bylaws for the administration of the Association and the Property, and for other purposes not inconsistent with the intent of this Declaration shall be adopted by the Declarant as the original Owner of the Lots. Subsequent amendments may be adopted by the Association as provided therein. 3.5.2. Bylaws Provisions. The Bylaws shall contain provisions substantially as provided for in this Article 3 and in Article 4, and may contain supplementary, not inconsistent, provisions regarding the operation and administration of the Property. The Bylaws shall establish the provisions for quorum, ordering of Osterly Park Townhomes Declaration page6 meetings, and details regarding the giving of notices as may be required for the proper administration of the Association and the Community. ARTICLE 4. MANAGEMENT OF THE ASSOCIATION 4.1. INTERIM BOARD OF DIRECTORS. Until expiration of the Declarant Control Period, the affairs of the Association shall be governed by a board of three (3) directors (who need not be Lot Owners) named by Declarant from time to time or as otherwise provided in the Bylaws. 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS. Upon expiration of the Declarant Control Period, administrative power and authority shall vest in a board of three (3) directors elected from among the Owners. The Board may delegate all or any portion of its administrative duties to a manager, managing agent, or officer of the Association. All Board positions shall be open for election at said organizational meeting. The Board shall elect from among its members, a president (who shall preside over meetings of the Board and the meetings of the Association), a secretary and a treasurer, all of which officers shall have such duties and powers as may be specified by the Board from time to time. 4.3. AUTHORITY AND DUTIES OF THE BOARD. The Board, for the benefit of the Community and the Owners, shall enforce the provisions of this Declaration, shall have all powers and authority permitted to the Board under this Declaration, and shall acquire and shall pay for out of the Common Expense fund hereinafter provided for, all goods and services requisite for the proper functioning of the Community. Without limitation, the Board shall have the following powers and authority: 4.3.1. Assessments. The establishment and collection of Assessments pursuant to Article 5 of this Declaration. 4.3.2. Services. Obtaining the services of persons or firms as required to properly manage the affairs of the Community to the extent deemed advisable by the Board, including legal and accounting services, property management services, as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Community. 4.3.3. Utilities. Obtaining all utility services (i) commonly metered (if any) for the Townhomes and providing for the submetering of such utilities for payment by the Owners where applicable and (ii) as necessary for the Common Area utilities, landscape irrigation, and lighting. 4.3.4. Insurance. Obtaining and paying for policies of insurance or bonds as provided by this Declaration. Octprly Park Tnwnhnmws Derlaratinn 4.3.5. Maintenance/Repair. Performing and paying for maintenance, repair, replacement of Common Areas and Exterior Maintenance. 4.4. BOARD ORGANIZATION AND OPERATION. 4.4.1. Election of Board of Directors and Terms of Office. Upon expiration of the Declarant Control Period, the Owners shall elect two (2) Directors for two (2) year terms and one (1) Director for a one (1) year term to assure that the expiration dates for the term of the Board members are staggered. Thereafter, all Directors shall be elected for two (2) year terms. 4.4.2. Vacancies. Vacancies in the Board caused by any reason other than the removal of a Board member by a vote of the Association shall be filled by vote of the majority of the remaining Board members, even though they may constitute less than a quorum; and each person so elected shall be a Board member until a successor is elected at the next annual meeting of the Association. 4.4.3. Removal of Board Members. At any regular meeting or at any special meeting called for that purpose, any one or more of the Board members may be removed with or without cause, by a majority of all of the Owners, and a successor may then and there be elected to fill the vacancy thus created. Any Board member whose removal has been so proposed by the Owners shall be given an opportunity to be heard at the meeting. Notwithstanding the above, until the organizational meeting, only Declarant shall have the right to remove a Board member. 4.4.4. Organizational Meeting. The first meeting of a newly elected Board shall be held immediately following the annual organizational meeting of the Association, and no notice shall be necessary to the newly elected Board members in order legally to constitute such meeting. 4.4.5. Regular Meeting. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the Board members, but at least two such meetings shall be held during each fiscal year and one such meeting shall be held immediately following the annual meeting of Owners. Notice of regular meetings of the Board shall be given to each Board member as and when provided in the Bylaws. 4.4.6. Special Meetings. Special meetings of the Board may he called by the President or at least two Board members with notice given to each Board member as and when provided in the Bylaws. 4.5. PROFESSIONAL MANAGEMENT. Any contract with a professional manager for the Community (i) shall have a term no longer than one (1) year, (ii) may be renewed by agreement of the Association and the manager for successive one (1) year Osterly Park Townhomes Declaration page8 periods and (iii) shall require the manager to carry insurance as deemed appropriate by the Board. ARTICLE 5 ASSOCIATION FINANCES 5.1. BUDGETING. AND ALLOCATING COMMON EXPENSES. At least sixty (60) days before the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund. The budget shall reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Lots, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Lots. 5.1.1. The Association is hereby authorized to levy Base Assessments equally against all Lots subject to assessment hereunder to fund the Common Expenses. In determining the Base Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. 5.1.2. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy, which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. 5.1.3. Within thirty (30) days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the final budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than fourteen (14) nor more than sixty (60) days from the mailing of such materials. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing at least 51% of the Total Association Vote. Such ratification shall be effective whether or not a quorum is present. 5.1.4. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. 5.1.5. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. Osterly Park Townhomes Declaration page9 5.2. BUDGETING FOR RESERVES. The Board shall prepare and periodically review a reserve budget for the Common Areas and for Exterior Maintenance requirements. The reserve budget shall take into account the number and nature of replaceable assets, the expected life of each asset and the expected repair or replacement cost. The Board shall include in the budget, a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing. 5.3. SPECIAL ASSESSMENTS. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Owners representing more than 50% of the Total Association Vote. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 5.4. SPECIFIC ASSESSMENTS. The Association shall have the power to levy Specific Assessments against a particular Lot as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Lots upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Lot into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their agents, contractors, employees, licensees, invitees, or guests, including any such costs related to maintenance, repair or replacement of the exteriors of improvements or of utilities or other systems serving such improvements; provided, the Board shall give the Lot Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 5.5. AUTHORITY TO ASSESS OWNERS. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in this Declaration. The obligation to pay assessments shall commence as to each Lot, after the Board first determines a budget and levies assessments, and after the Lot is first conveyed to an Owner by Declarant. The first annual Base Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Lot. 5.6. TIME OF PAYMENT. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Lot and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, annual assessments Osterly Park Townhomes Declaration Pagel C may be paid in monthly or quarterly installments. If any Owner is delinquent in paying any assessments or other charges levied on the Owner's Lot, the Board may require the outstanding balance on all assessments to be paid in full immediately. 5.7. OBLIGATION FOR ASSESSMENTS. 5.7.1. Personal Obligation. Each Owner, by accepting a deed or entering into a recorded contract of sale for any portion of the Property, is deemed to covenant and agree to pay all assessments authorized herein. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such higher rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon a transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. (a) Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. (b) No Owner is exempt from liability for assessments by non- use of Common Areas, abandonment of the Owner's Lot, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or setoff shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. (c) Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. 5.7.2. Declarant's Option to Fund Budget Deficits. During the Declarant Control Period, Declarant may satisfy its obligation for assessments, if any, on Lots which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Lots subject to assessment and• the amount of actual expenditures by the Association Osterly Park Townhomes Declaration page 11 during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least sixty (60) days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Declarant Control Period, Declarant shall pay assessments on its unsold Lots in the same manner as any other Owner. 5.8. LIEN FOR ASSESSMENTS. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law) and costs of collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior and (b) the lien or charge of any recorded first Mortgage (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and judicial or non judicial foreclosure. 5.8.1. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. 5.8.2. Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any subsequent assessments. However, the sale or transfer of any Lot pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Lot shall not be personally liable for assessments on such Lot due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Lots subject to assessment under Section 4.6, including such acquirer, its successors and assigns. 5.9. EXEMPT PROPERTY. The following property shall be exempt from payment of Base Assessments and Special Assessments: (a) Any property dedicated or conveyed to and accepted by any governmental entity or public utility; and (b) Property owned by the Association for the common use and enjoyment of such Associations' members. 5.10. CAPITALIZATION OF ASSOCIATION. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by or on Osterly Park Townhomes Declaration page 12 behalf of the purchaser to the working capital of the Association in an amount equal to one-sixth of the annual Base Assessment per Lot for that year. This amount shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and disbursed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws. ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS. The Association shall maintain and keep in good repair the Common Areas. This maintenance shall include, without limitation, maintenance, repair and replacement of all landscaping including the maintenance of the irrigation system and improvements (WaterDistrict 125) situated on the Common Areas. Common areas also include Recreational Tract B. 6.1.1 ASSOCIATION'S RESPONSIBILITY FOR STORM DRAINAGE SYSTEM. The storm drainage system was installed under Public Works permit number PW and should be maintained to the current Operations and Maintenance Standards of the City of Tukwila. 6.2.1. Unless and until the Owners vote in favor of the Association providing such painting and roofing as part of the Exterior Maintenance, each Owner shall remain responsible for such maintenance on the Owner's Townhome. 6.2.2. No Owner may modify the exterior of their Townhome or the screens, doors, awnings or other portions of their Townhome visible from outside the Townhome without the prior written consent of the Board or in accordance with the rules and regulations of the Association. In particular, except as otherwise provided by law, no solar panel, radio or television antenna, satellite dish or other appliance may be installed on the exterior of a Townhome without the prior written consent of the Board which shall not be unreasonably withheld. The Owners shall not repaint, reroof or replace the glass or screens in the windows or doors of their Townhomes except with materials of similar color and quality to those originally installed or as otherwise approved pursuant to Section 7.3. 6.2.3. Exterior Maintenance shall be performed at such time as the Board considers necessary to preserve and protect the appearance and condition of the Townhomes within the Community. Osterly Park Townhomes Declaration page 13 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS. 6.3.1. The Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limitation, such maintenance may include portions of any Lot that contribute to the overall appearance of the entrance to the Community or otherwise as reasonably determined by the Board. 6.3.2. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees or invitees of any Owner, and is not covered or paid for by insurance, in whole or in part, then the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such. Owner. 6.3.3. All maintenance undertaken by the Association shall be performed consistent with the Community -Wide Standard. 6.4. OWNER'S RESPONSIBILITY. Except for the Exterior Maintenance undertaken by the Association pursuant to Section 6.2 above, each Owner is responsible for maintenance, repair and replacement of the Owner's Townhome, any portions of the Lot or improvements thereon not made subject to maintenance, repair and replacement by the Association herein. Each Owner shall, at the Owner's sole expense, keep the interior of the Owner's Townhome and its equipment, appliances and appurtenances in a clean and sanitary condition, free of rodents and pests, and good order, condition and repair and shall do all redecorating and painting at anytime necessary to maintain the good appearance and condition of the Townhome. 6.4.1. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. 6.4.2. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair or replacement, or, in the event that such maintenance, repair or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide Osterly Park Townhomes Declaration page 14 any such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION. Declarant may transfer or convey to the Association any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association for the benefit of all or a part of its Members. ARTICLE 7 USE RESTRICTIONS AND RULES 7.1. GENERAL. The Board may, from time to time, without consent of the Members, promulgate, modify or delete other use restrictions and rules and regulations applicable to the Community so long as any such restrictions, rule or regulation is not contrary to the terms of this Declaration. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled or modified in a regular or special meeting by a majority of the Total Association Vote. 7.2. RESIDENTIAL USE. All Lots shall be used for residential purposes exclusively. No business or business activity shall be carried on, in or upon any Lot at any time except that an Owner or occupant of a Lot may conduct business activities within the Lot so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Lot; (b) the business activity conforms to all zoning requirements; (c) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the Community; and (d) the business activity is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Community, as may be determined in the Board's sole discretion. This Section 7.2 shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant with respect to its development and sale of any Lot. 7.3. ARCHITECTURAL STANDARDS. All Townhomes and other structures (including, without limitations, concrete or masonry walls, rockeries, fences or other structures) to be constructed within the Community, and all exterior alterations and repairs (including, but not limited to, reroofing or repainting) of any Townhomes or other structures on the Property must be approved by an Architectural Review Committee ("ARC") composed of three or more Owners designated from time to time in writing by the Board; provided, that so long as Declarant owns any Lots within the Community, Declarant at its option may exercise all of the rights and powers of the ARC under this Osterly Park Townhomes Declaration pagel5 Section 7.3 including without limitation the appointment of members of the ARC. Complete plans and specifications of all proposed buildings, structures, and exterior alterations and repairs together with detailed plans showing the proposed location of the same on the particular Lot and other data requested by the ARC, shall be submitted to the ARC before construction, alteration or repair is started. This project was subject to City of Tukwila design review under permit numbers L08-076 and L12-005. Any major changes to the development shall be reviewed by the City. 7.3.1. The ARC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. 7.3.2. In the event the ARC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, such approval will not be required. 7,3.3. All plans and specifications for approval by the ARC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date. The maximum height of any building shall be established by the ARC as part of the plan approval and shall be given in writing together with the approval. 73.4. The ARC may require that said plans or specifications shall be prepared by an architect or a competent house designer, approved by the ARC. One complete set of said plans and specifications shall in each case be delivered to and permanently left with the ARC. All buildings or structures shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ARC. The ARC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or. exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ARC's reasonable opinion, aesthetic or otherwise. 7.3.5. In so passing upon such design, the ARC shall have the right to take into consideration the suitability of the proposed building or other structure, the material of which it is to be built, the exterior color scheme, the site upon which it is to be erected, the harmony thereof with the surroundings, and the effect or impairment that said structures will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ARC's opinion, shall affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 7.3.6. The ARC shall have the right to disapprove the design or installation any recreational structure or equipment, in the ARC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ARC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all of the Lots Osterly Park Townhomes Declaration page 16 located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purpose of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. 7.3.7. The ARC shall have the right to require, at Owner's expense, the trimming (or, if deemed necessary by the ARC, removal) of any tree, hedge, or shrub on a Lot which the ARC determines is unreasonably blocking or interfering with the view or access to sunlight or another Lot. 7.3.8. Notwithstanding any provision contained in this Article, under no circumstance shall the ARC approve any action to construct, alter, restore or repair any structure, improvement, landscape, etc., which would be contrary to any condition of approval of the Plat of Osterly Park Townhomes as set forth under City of Tukwila subdivision file for the Plat. 7.3.9. Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restrictions on this Section 7.3 as to any Lot owned by the Declarant. 7.4. SIGNS. Except as otherwise provided by RCW 64.38.034, no sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Board. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs. "For Sale" and "For Rent" signs and security signs consistent with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. The provisions of this Section shall not apply to any Person holding a Mortgage who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first Mortgage or as transferee pursuant to any proceeding in lieu thereof. 7.5. OCCUPANTS BOUND. All provisions of the Governing Documents which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants even though Occupants are not specifically mentioned. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 7.6. NUISANCE. Except for the exterior maintenance responsibilities of the Association, it shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on his or her Lot. No property within the Community shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort or serenity of the Osterly Park Townhomes Declaration page 17 occupants of surrounding property. No noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. No plant or animal or device or thing of any sort shall be kept on any Lot whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law. 7.7. SUBDIVISION OF LOT. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right to replat any Lot or Lots owned by Declarant. Any such division, boundary line change or replatting shall not be in violation of the applicable subdivision and zoning regulations. 7.8. FENCES. Except as originally installed by Declarant, no fence or fencing type barrier of any kind shall be placed, erected, allowed or maintained upon any portion of the Community, including any Lot, without the prior written consent of the ARC. 7.9. AIR-CONDITIONING UNITS. Except as may be permitted by the ARC, no air-conditioning units may be installed. Installation of any permitted air-conditioning unit shall be performed by a professional air-conditioning contractor licensed and bonded in the State of Washington. 7.10. LIGHTING. Except as may be permitted by the ARC, exterior lighting visible from the street shall not be permitted except for (a) approved lighting as originally installed on a Lot or (b) seasonal decorative lights, subject to such restrictions as may be established by the Board. Common payment and maintenance shall be shared equally. Lighting hours of operation will be from 9pm to 6am. 7.11. MAILBOXES. All mailboxes serving the Lots shall be clustered in a kiosk style as originally installed by Declarant or as otherwise approved by the ARC. 7.12. PARKING. Unless kept within a garage, no inoperable vehicle, recreational vehicle, house trailer, mobile home, boat, trailer or commercial vehicle shall be parked within the Community overnight. In addition, no parking shall be allowed on the private streets within the Community at anytime, except within on -street guest parking spaces as shown on the Plat of Osterly Park Townhomes. Guest parking spaces are reserved for guests visiting an occupant or owner of a residence in the Osterly Park Townhomes; no owner or occupant of any townhome may_ park in the guest parking spaces. Guests shall be limited to a maximum parking time per space of 24 hours. 7.13. PETS. No more than two (2) household pets may be kept on a Lot at anytime and then only when in compliance with rules and regulations adopted by the Board. The Board may at anytime require the removal of any such pet that it concludes is disturbing any other Owner through noise or other behavior. The Board may exercise Osterly Park Townhomes Declaration page 19 this authority with regard to specific pets even though other pets are permitted to remain on the Property. 7.14. GARBAGE. Owners shall regularly dispose of their garbage and other debris in containers designed for such purpose. Such containers shall be kept in the Owner's garage until the day designated for pickup. Disposal of garbage and recycling of materials shall be subject to such rules and regulations as may be adopted by the Association. 7.15. EXTERIOR SECURITY DEVICES. No exterior security devices, including, without limitation, window bars, shall be permitted on any Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system shall not be deemed to constitute an exterior security device. 7.16. EXTERIOR AREAS OF LOTS. The exterior areas of Lots (i.e., any area outside the Townhome built on any Lot) are generally restricted to use for landscaping; provided, however, that an Owner may keep typical patio furniture and one barbeque on the exterior of the Owner's Lot so long as any such furniture or equipment is clean and in good working order. In no event shall an Owner keep or maintain a hot tub, spa, pool or similar facility on the exterior of the Owner's Lot. Similarly, no lawn statuary, basketball hoops or similar play equipment shall be maintained on the exterior of any Lot. 7.17. LANDSCAPING. Except for plantings in pots on decks, porches or patios, no Owner shall alter the landscaping on the Owner's Lot without the express consent of the ARC. ARTICLE 8 INSURANCE 8.1. ASSOCIATION INSURANCE. The Association shall, subject to change by Board action on advice of the Association's insurance advisors, maintain at all times as an Association expense a policy or policies and bonds written by companies licensed to do business in Washington providing: 8.1.1. If and only if the Board, upon advice of its insurance advisors, determines it to be necessary in light of the limited nature of the Common Areas, property insurance covering the Common Areas with premiums being paid as a common expense of all Owners, protecting against fire and all other hazards normally covered by standard extended coverage endorsements and all other perils customarily covered for similar property, including those covered by the standard "all risk" endorsements, if available. If obtained, such insurance shall be in the amount of 100% of the current replacement cost of the Common Areas. The Association shall be named as the insured as trustee for the benefit of the Owners and Mortgagees, as their interests appear. 8.1.2. Liability insurance insuring the Board, the Association, Owners, Declarant, and any managing agent, with a "Severability of Interest Endorsement" or equivalent coverage that would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner, and shall cover liability of the insureds for property damage, bodily injury, and death of persons arising out of the operation, maintenance, and use of the Common Areas, and such other risks as are customarily covered with respect to residential projects of similar construction, location, and use. The limits of liability shall be in amounts generally required by Mortgagees for projects of similar construction, location and use, but shall be at least $1,000,000 combined single limit for bodily injury and property damage per occurrence and $2,000,000 general aggregate. 8.1.3. Workers' compensation insurance to the extent required by applicable laws. 8.1.4. A fidelity bond or insurance for any person who either handles or has responsibility for funds that the Association holds or administers, whether or not such person is compensated for services, naming the Association as the obligee and said bond or insurance should cover the maximum amount of funds to be handled at any time while the bond or insurance is in force and a minimum three months' assessments for all Unit Lots within the Community. If a professional manager is employed by the Association and such manager handles funds for the Association, the manager shall maintain the same coverage as the Association. 8.1.5. Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect coverage meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Governmental National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration ("Secondary Market Agencies"), so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by such agencies. 8.2. PAYMENT AND ENDORSEMENTS. Funds to cover the costs of insurance to be maintained by the Association shall be included in the Association's operation reserve account. The policies of insurance shall include endorsements as required by any Mortgagee or any Secondary Market Agency and all such insurance shall be continuously in effect. 8.3. OWNER'S INSURANCE. Each Owner shall continuously maintain in effect insurance with respect to such Owner's Unit Lot and the improvements constructed thereon covering such casualties and liabilities and meeting the insurance requirements as now or hereafter established by the Secondary Market Agencies so long as any such agencies are either a Mortgagee or an Owner of a Unit Lot, except to the extent such coverage is not available or has been waived in writing by such agencies. Upon request Osterly Park Townhomes Declaration page 21 by the Association, each Owner shall provide satisfactory written evidence that such insurance is being maintained and that all premiums therefore have been paid. If an Owner fails to obtain any required insurance or fails to pay the premium therefor, the Association may (but shall not be obligated to) obtain such insurance and/or make such payments for such Owner, and add the cost of such payments, as a specific assessment, to the normal assessment of such Owner. 8.4. RECONSTRUCTION. In the event of damage or destruction by fire or other casualty of any Unit Lot and improvement thereon, the Owner thereof shall repair or rebuild such damage or destroyed portions of the Unit Lot and improvements in a good workmanlike manner substantially the same as the original plans and specifications of said property in accordance with plans approved by the Association pursuant to Section 7.3. If the Owner refuses or fails to so repair or rebuild within thirty (30) days or such greater period as may be reasonably determined by the Board, the Association may perform such repair and rebuilding. The Owner must reimburse the Association for the amount actually expended for such repairs or reconstruction, and the Association shall have a lien securing such payment in the same manner provided for herein for assessments. ARTICLE 9 EASEMENTS 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG. (a) There shall be an appurtenant easement for that portion of the roof of any improvements constructed on any Lot which overhangs an adjacent Lot or Lots to the extent the roof overhang was originally constructed by Declarant. This easement shall allow for the Owner of the benefited Lot to have temporary access to the servient Lot for maintenance, repair and replacement of such roof overhang so long as the benefited Lot Owner indemnifies and holds the servient Owner harmless from any damage to the servient Lot in connection with such maintenance, repair or replacement. (b) At some point in time there may be reciprocal appurtenant easements for encroachment and overhang as between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration) to a distance of not more than five (5) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Areas or as between adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point. 9.2. EASEMENTS FOR USE AND ENJOYMENT. 9.2.1. Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the right of the Association to establish reasonable rules and regulations with regard to the operation, maintenance, repair and replacement of the Common Areas including its use and enjoyment by an Owner, and the Owner's family, tenants, guests and invitees. Without limitation, the Common Areas include those easements more particularly described aforementioned and hereinafter. 9.2.2. Any Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the occupants of such Owner's Lot, if leased. 9.3. GRANT OF EASEMENT FOR UTILITIES. The following easements with regard to utilities serving the Community are hereby granted and declared by Declarant. 9.3.1. Declarant declares that electrical power wires, natural gas pipelines, cable wires, water pipelines and plumbing pipelines which provide services to the Lots were installed within the Townhomes at locations which are not clearly identified on any map or plan. Such wires, pipes and lines were installed between the floor or ceiling joists and/or in the party wall in accordance with applicable building and electrical codes. Declarant grants an easement for utility purposes over and across each Lot where each such wire, pipe and/or line currently lies in favor of the Lots served by such wires, pipes and/or lines. In the event any repair or replacement of any such wire, line or pipe is required by any Owner and such repair or replacement requires. entry into another Owner's Townhome, the "Consenting Owner" (i.e., the Owner of the Lot which will be entered) agrees to grant reasonable rights of entry for such purposes and further grants such other Townhome Owner the right to make such repairs or replacements from within such Consenting Owner's Townhome, on condition that the Owner in need of such entry and such work pays the cost of such work and restores the Consenting Owner's Townhome to the same condition it was before such entry and work therein. This provision is intended to be interpreted in favor of the Consenting Owner who must grant entry for such purposes and shall be liberally interpreted to ensure that a Consenting Owner is not damaged by such work. 9.3.2. Declarant grants an easement for water, drainage pipes and related equipment which form a part of the drainage and retention system which services the property, electric power, cable, natural gas, telephone, over, under and across the Lots and Common Areas, as constructed, in favor of the utility suppliers serving the Community. The intent of this easement is to allow the suppliers of such utility services (and the Association with respect to the drainage and retention system) a reasonable right to access and right to make necessary repairs and replacement of component parts of the utility service systems. The Owners who benefit from any work in such utility easement area shall bear the cost of such repair and replacement and are obligated to restore the ground surface or the side of the structure to the same condition it was prior to such utility repair or replacement. Osterly Park Townhomes Declaration page 23 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS. The Association shall have the right, but shall not be obligated, to enter upon any Lot within the Community for emergency, security and safety reasons, which right may be exercised by the Association's manager, and all police officers, firefighters, ambulance personnel and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Board to enter to cure any condition which may increase the possibility of a fire, slope erosion or other hazard in the event an Owner or Occupant fails or refuses to cure the condition upon request by the Board. 9.5. EASEMENT FOR MAINTENANCE. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Property (including Lots), determined in the sole discretion of the Association, as are necessary to allow for the Association's performance of Exterior Maintenance as set forth in Section 6.2 and all other work required under Article 6. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT. So long as Declarant owns any Property in the Community for development and/or sale, Declarant reserves a right of access across all Property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Property as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient or incidental to Declarant's and such builder's or developer's development, construction and sales activities related to Property subject to this Declaration, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into andlor otherwise connect and use (without a tap -on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to operate model residences and a sales office for the Community. 9.8. EASEMENTS. FOR VEHICULAR ACCESS. Declarant hereby declares that that the Owners of the following Lots shall have the following easements for vehicular and pedestrian access: 9.8.1. Lots [1], [2), {5} and [6) are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [1], [2}, {5} and [6), legally described on Exhibit A attached hereto and incorporated herein by this reference.. 9.8.2. . Lots [3], [4], [7) and [8] are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [3], [4], [7) and [8), legally described on Exhibit A attached hereto and incorporated herein by this reference. Osterly Park Townhomes Declaration page 25 ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES 10.1. GENERAL RULES OF LAW TO APPLY. Each wall or similar structure built as a part of the original construction on the Lots which serves and/or separates any two adjoining Lots shall constitute a party structure. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors -in -title. ARTICLE 11 CONSENSUS FOR ASSOCIATION LITIGATION Except as provided in this Article, the Association shall not commence a judicial or administrative proceeding without the approval of Owners representing at least 75% of the Total Association Vote. This Article shall not apply, however, to (a) actions brought by the Association to enforce the Governing Documents (including, without limitation, the foreclosure of liens); (b) the collection of assessments; (c) proceedings involving challenges to ad valorem taxation; (d) counterclaims brought by the Association in proceedings instituted against it; or (e) actions brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor. This Article shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. ARTICLE 12 MORTGAGEE PROTECTION 12.1. ABANDONMENT OF DECLARATION. Neither the Association nor the Owners shall, without consent of 75% of all first Mortgagees of record of the Lots, seek by act or omission to abandon this Declaration or cause any Lot to be removed from the provisions hereof. 12.2. PARTITIONS AND SUBDIVISIONS. Neither the Association nor the Owners shall combine or subdivide any Lot or accept any proposal to do s o without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s), so affected. 12.3. CHANGE IN ASSESSMENT METHODS, ETC. Neither the Association nor the Owners shall make any material amendment to the Declaration or Bylaws (including changes in the methods of allocating assessments among the various Lots) without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s) for which the method of assessment allocation would be changed. 12.4. COPIES OF NOTICES. Written notice that an Owner/Mortgagor of a Lot has for more than thirty (30) days failed to meet any obligation under the Declaration or Bylaws shall be given by the Association to any first Mortgagee of such Lot who has requested to so be notified. Any first Mortgagee shall, upon request, be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 12.5. EFFECT OF DECLARATION AMENDMENTS. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provisions of this Declaration conferring rights upon Mortgagees which is inconsistent with any other provisions of said Declaration or the Bylaws shall control over such inconsistent provisions. 12.6. INSPECTION OF BOOKS. First Mortgagees shall be entitled to inspect at all reasonable hours of week days all of the books and records of the Association, and, upon Osterly Park Townhomes Declaration page 27 request, to receive the annual financial statement of the Association within ninety (90) days following the end of the fiscal year of the Association. 12.7. AMENDMENTS BY BOARD. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 13 GENERAL PROVISIONS 13.1. ENFORCEMENT. Each Owner and Occupant shall comply strictly with the Bylaws, the rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. The Board of Directors may impose fines or other sanctions, which shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The Board shall have the right to record in the appropriate land records a notice of violation of the Declaration, Bylaws, rules and regulations, use restrictions, or design guidelines and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible) for violating the foregoing. 13.2. SELF-HELP. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Lot or any other portion of the Community to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates this Declaration, the Bylaws, the rules and regulations or the use restrictions. Unless an emergency situation exists, the Board shall give the violating Lot Owner ten (10) days' written notice of its intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reasonable notice. All costs of self-help, including, without limitation, reasonable attorneys' fees actually incurred, shall be assessed against the violating Lot Owner and shall be collected as provided for herein for the collection of assessments. 13.3. DURATION. The covenants and restrictions of this Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors and assigns, perpetually to the extent provided by law. 13.4. AMENDMENT. This Declaration may be amended unilaterally at any time and from time to time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser or mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (d) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, during the Declarant Control Period, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. In addition to the above, this Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, or the Owners of at least 67% of the Lots and the consent of Declarant until expiration of the Declarant Control Period. Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 13.5. GENDER AND GRAMMAR. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 13.6. SEVERABILITY. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 13.7. CAPTIONS. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 13.8. INDEMNIFICATION. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or Osterly Park Townhomes Declaration page 29 reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 13.9. BOOKS AND RECORDS. 13.9.1. Inspection by Members and Mortgagees. This Declaration, the Bylaws, copies of rules and use restrictions, membership register, books of account and minutes of meetings of the members of the Board and of committees shall be made available for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 13.9.2. Rules for Inspection. The Board shall establish reasonable rules with respect to: (a) notice to be given to the custodian of the records; (b) hours and days of the week when such an inspection may be made; and (c) payment of the cost of reproducing copies of documents. 1.3.9.3. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extra copies of documents at the reasonable expense of the Association. 13.10. FINANCIAL REVIEW. A review of the books and records of the Association shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the Board's financial statements at the annual meeting, by a majority of the Total Association Vote, the Owners may require that the accounts of the Association be audited as a common expense by a certified public accountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request. 13.11. NOTICE OF SALE, LEASE OR ACQUISITION. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 13.12. AGREEMENTS. All agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 13.13. IMPLIED RIGHTS. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 13.14. VARIANCES. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community; provided, however, that no variance shall be contrary to City of Tukwila ordinances, all of which must be complied with by Owners. Osterly Park Townhomes Declaration page 31 EXECUTED as of the day and year first set forth above. DECLARANT: 144th Street REO Partners, LLC, STATE OF WASHINGTON COUNTY OF KING ss. By: Print Name: Julia Overbeck Its: Managing Member On this by personally appeared before me Julia Overbeck to me known to be the Managing Member of 144th Street REO Partners, LLC a limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Seattle, WA Osterly Park Townhornes Declaration Exhibit A EXECUTED as of the day and year first set forth above. DECLARANT: JULIA OVERBECK, A WASHINGTON RESIDENT By: Printed Name: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that (Julia Overbeck) is the person who appeared before me, and said person acknowledged that (she) signed this instrument and acknowledged it to be (her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated (Seal or stamp) (Signature) Title My appointment expires EXHIBIT A LEGAL DESCRIPTION Plat of Osterly Park Townhomes, Osterly Park Townhomes Lot 1 Osterly Park Townhomes Lot 2 Osterly Park Townhomes Lot 3 Osterly Park Townhomes Lot 4 Osterly Park Townhomes Lot 5 Osterly Park Townhomes Lot 6 Osterly Park Townhomes Lot 7 Osterly Park Townhomes Lot 8 Osterly Park Townhomes Lot 9 Osterly Park Townhomes Declaration EXHIBIT B DESCRIPTION OF COMMON AREAS TRACT A THE WEST 16.79 FEET OF THE NORTH 161.16 FEET OF LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; AND TOGETHER WITH THE EAST 13.21 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 3.5 FEET CONVEYED TO THE CITY OF TUKWILA BY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. RECREATIONAL TRACT B THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, THENCE; BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL: THENCE SOUTH 01°09'52" WEST, ALONG THE WEST LINE OF SAID PARCEL, 135.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°09'52" WEST 25.25 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 87°33'54" EAST, ALONG SAID SOUTH LINE, 51.94 FEET; THENCE NORTH 01°09'52" EAST 26.40 FEET; THENCE NORTH 88°50'22" WEST 51.92 FEET TO THE TRUE POINT OF BEGINNING. Osterly Park Townhomes Declaration EXHIBIT C DESCRIPTION OF VEHICULAR ACCESS (Lots [1 J, [2], {5} and [6] NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 1, 2, 5, AND 6 THAT PORTION OF THE LOTS 1, 2, 5, AND 6, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF THE EAST 20.00 FEET OF LOT 1; AND THE SOUTH 12 FEET OF LOT 2; AND THE NORTH 12 FEET OF THE EAST 20 FEET OF LOT 5; AND THE NORTH 12 FEET OF LOT 6. Osterly Park Townhomes Declaration EXHIBIT D DESCRIPTION OF VEHICULAR ACCESS (Lots (31 [4), [7]and {8} NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 3, 4, 7, AND 8 THAT PORTION OF THE LOTS 3, 4, 7, AND 8, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF LOT 3; AND THE SOUTH 12 FEET OF THE WEST 20.00 FEET OF LOT 4; AND THE NORTH 12 FEET OF LOT 7; AND THE NORTH 12 FEET OF THE WEST 20.00 FEET OF LOT 8. Osterly Park Townhomes Declaration EXHIBIT E ADDITIONAL ITEMS PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: LOT 1 Course: S 87-35-33 E Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 210.175 Area: 2252.418 Distance: 30.007 Distance: 74.757 Distance: 30.000 Distance: 75.411 0.052 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0009 Course: S 03-10-13 E Precision 1: 245065.74 Figure Name: LOT 2 Course: S 87-35-33 E Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 192.892 Area: 1633.807 Mapcheck Closure - (Uses listed Error of Closure: 0.0004 Precision 1: 514549.13 Figure Name: LOT 3 Course: S 87-35-33 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 177.630 Area: 1466.436 Mapcheck Closure - (Uses listed Error of Closure: 0.0004 Precision 1: 423769.38 Distance: 21.930 Distance: 74.280 Distance: 21.925 Distance: 74.757 0.038 acres courses & COGO Units) Course: N 26-58-05 E Distance: 21.929 Distance: 66.648 Distance: 21.928 Distance: 67.125 0.034 acres courses & COGO Units) Course: N 58-50-22 W PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: LOT 4 Course: S 87-35-33 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-38 E Perimeter: 192.671 Area: 1989.958 Mapcheck Closure - (Uses listed Error of Closure: 0.0006 Precision 1: 298779.52 Figure Name: LOT 5 Course: S 88-50-22 E Course: S 01-09-52 W Course: N 88-50-22 W Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 174.000 Area: 1677.000 Mapcheck Closure - (Uses listed Error of Closure: 0.0000 Precision 1: 174000000.00 Figure Name: LOT 6 Course: S 88-50-22 E Course: S 01-09-52 W Course: N 88-50-22 W Course: N 01-09-52 E Course: S 88-50-22 E Course: N 01-09-52 E Perimeter: 163.850 Area: 1282.713 Mapcheck Closure - (Uses listed Error of Closure: 0.0000 Precision 1: 163850000.00 Distance: 30.00.7 Distance: 66.016 Distance: 30.000 Distance: 66.648 0.046 acres courses & COGO Units) Course: N 09-59-55 E Distance: 30.000 Distance: 46.000 Distance: 3.000 Distance: 11.000 Distance: 27.000 Distance: 57.000 0.038 acres courses & COGO Units) Course: S 00-00-00 W Distance: 21.925 Distance: 57.000 Distance: 24.925 Distance: 11.000 Distance: 3.000 Distance: 46.000 0.029 acres courses & COGO Units) Course: N 00-00-00 E PLAT OF Figure Name: LOT 7 Course: S 88-50-22 E Course: S 01-09-38 W Course: S 88-50-22 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-52 E Perimeter: 161.860 Area: 1242.139 Mapcheck Closure - (Uses listed Error of Closure: 0.0003 Precision 1: 606365.55 Figure Name: LOT 8 Course: S 88-48-02 E Course: S 01-09-38 W Course: N 88-50-22 W Course: N 01-09-38 E Course: N 88-50-22 W Course: N 01-09-38 E Perimeter: 169.980 Area: 1613.695 PROJECT: 07181 OSTERLY PARK TOWNHOMES CITY OF TUKWILA Distance: 21.928 Distance: 46.000 Distance: 4.000 Distance: 9.000 Distance: 25.932 Distance: 55.000 0.029 acres courses & COGO Units) Course: S 88-52-00 E Distance: 30.000 Distance: 54.980 Distance: 26.000 Distance: 9.000 Distance: 4.000 Distance: 46.000 0.037 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0004 Course: N 02-15-13 E Precision 1: 469248.25 Figure Name: LOT 9 Course: S 88-50-22 E Course: S 01-09-38 W Course: N 87-49-57 W Course: N 01-09-52 E Course: S 87-33-54 E Course: N 01-09-52 E Perimeter: 501.667 Area: 12017.484 Mapcheck Closure - (Uses listed Error of Closure: 0.0009 Precision 1: 550728.45 Distance: 51.932 Distance: 182.515 Distance: 68.745 Distance: 152.611 Distance: 16.795 Distance: 29.069 0.276 acres courses & COGO Units) Course: N 59-20-38 W PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: TRACT A Course: S 87-35-32 E Course: S 01-09-52 W Course: S 87-35-33 E Course: S 01-09-52 W Course: N 87-33-54 W Course: N 01-09-52 E Perimeter: 375.392 Area: 4,672.002 Error of Closure: 0.0014 Precision 1:273523.30 Figure Name: TRACT D Course: S 88-50-22 E Course: S 01-09-52 W Course: N 87-33-54 W Course: N 01-09-52 E Perimeter: 155.510 Area: 1340.887 0.031 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0003 Course: S 51-39-58 E Precision 1:53771.1.57 Distance: 13.213 Distance: 6.502 Distance: 16.795 Distance: 151.194 Distance: 30.007 Distance: 157.681 0.106 acres Course: N 58-48-14 W Distance: 51.925 Distance: 26.401 Distance: 51.938 Distance: 25.246 NEW 10 FOOT SANITARY SEWER EASEMENT (EAST LINE PLAT) THE EAST 10.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; NEW 10 FOOT SANITARY SEWER EASEMENT (WEST LINE PLAT) THE WEST 10.00 FEET OF THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 3.5 FEET CONVEYED TO THE CITY OF TUKWILA BY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 1, 2, 5 AND 6 THAT PORTION OF THE LOTS 1, 2, 5 AND 6, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF THE EAST 20.00 FEET OF LOT 1; AND THE SOUTH 12 FEET OF LOT 2; AND THE NORTH 12 FEET OF THE EAST 20 FEET OF LOT 5; AND THE NORTH 12 FEET OF LOT 6. NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 3, 4, 7 AND 8 THAT PORTION OF THE LOTS 3, 4, 7 AND 8, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF LOT 3; AND THE SOUTH 12 FEET OF THE WEST 20.00 FEET OF LOT 4; AND THE NORTH 12 FEET OF LOT 7; AND THE NORTH 12 FEET OF THE WEST 20.00 FEET OF LOT 8. CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 4313670 FAX (206) 4313665 E -mall: tukplant8)tukwila.wa.us Found 2" brass disk w/"X" in concrete in case - 11/11/07 30' GRAPHIC SCALE City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 3.5' conveyed to the City of Tukwila Rec. #20050518000267 58735'33" W (c) 587'35'52"W (m) South 144th Street IN North fence east Set concrete monument in case on the northerly projection of the centerline of Tract A with the centerline of S. 144th St. - 7/15 10' Exception for Rood Rec. #6060692. 2430.54_(m) N01'09'52"E 1 3 66.94' 6.50' S87'35'33"E o!n o o 30.01' -^' ..... _.... 21.93'"'Rl) 1 587'35'33"E 2 J , 1/ 587 I 16.79 -1.93 3'41 LOT LOT w I.LOT 'LO l end 4' chain link I is 0.3' north & 0.9' r_ BSL CI._ I of set rebar w/cap -N' - -4 - i ' -NEW PRIVATE SANITARY tab SEWER EASEMENT REC( Nr Imp NN! Crot 5 0' # I Erg3or; zI MZ^IJ ¢ N -IZm O O + .. IN I O O p t 9 2 110 o(It I 0 Nirp N - c m 60.00' New Private 2 --a- t-..a—Z ew Private driveway easement (A) - I M vate 24' --- -- -- -- L ._ _____S88'50 22"E w u'. 588':50'22"E{ driveway easement (D) ....30.00'... -21.9._1 ra y ^ i2f.93..f.....-30.00f....._b REBAR W/CAP SET i ? 5/15/14 (TYP) k i L02T w 1 LOT LOT LOT ' ._..._. , _ Z U '.... 7 N 8 . v I oJ wioNn c cQ 31O Nig mo Ni`? o:o No= 10' NEW PRIVATE SANITARY - rm)d m N ImN SEWER EASEMENT REC. An O 1 # An I v, 1 v M[ 10 1 .""' lm 28 0' 10 NEW PRIVATE SANITARY SEWER ,n ‘1. S8850 "E I O EASEMENT REC. .N -.- 1_ ___ _.._._..__. NI yS8T33'S ' 22 a I - 533'5 - ........... .I...... ...._._......... S8T33'S4"E ,120.00 3 m"`..- ") (2)I Temp. _ a 1 I Temporay parking spaces "N Landscape Easement I — oa . o mnn 5 w ala am ' v ;7m 1 N Z1 ') ! p1 81 N 'pap Cj 0 uti a m CO o e I 2 -or_ u7n ,r74 _> Y 10' BSBL-'-= --raoo VAT AN TARY R - S88'50'22"E o PHASE 2 ( IN FEET ) 1 Melt - 30 ft. TRACT B:-' TEMPORARY RECREATION 1 TRACT Private Ingress, egress and Utilities Easement Rec. No. 20131001001350 5 Seattle City Light Easement Rec. No. 20110420000543 I o I LOT s" 19 10 Drainage Easement per KC Rec. No. 6319966 • LEGEND ® Concrete Monument in Case 'E' Monument no case )( Tock in Lead or Nail & Disk o Set rebar w/cop #23604 O Found pipe or rebar Boundary Lines (P) (c) ml 68.75 ... .............__ N87'49'57"W Set 2"x2" hub w/tock Plat bearing or distance calculated bearing or distance Old Lot Lines GP Guest Parking Found brass pin w/punch mork in concrete in case - 11/11/07 1748.47 M`O / J L_I LJ LJ Basis of Bearing of this survey are monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. LOT WIDTHS LOTS RANGE IN WIDTHS FROM 21.92 FEET TO 30.01 FEET LOT AND TRACT AREAS TRACT A = 4,621 s, T'S' 0.11 ddleA l C RECREATION TRACT B (TEMP) = 1,341 sf t or 0.03 acres t I 6 LOT 1 = 2,252 sf ± or 0.05 acres ± LOT 2 = 1,634 sf t or 0.04 acres t LOT 3 = 1,466 sf t or 0.03 acres t LOT 4 = 1,990 sf t or 0.05 acres t LOT 5 = 1,677 sf ± or 0.04 acres ± 2 LOT 6 = 1,283 sf ± or 0.03 acres ± LOT 7 = 1,242 sf ± or 0.03 acres ± LOT 8 = 1,614 sf ± or 0,04 acres ± LOT 9 = 12,017 sf ± or 0.28 acres t SURVEY NOTES 1. Field data for this survey was obtained by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 Found 2" brass disk w/punch mark in concrete in case - 11/11/07 South 148th Street SHEET 3 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Seohurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT N0. 07181 DRWN BY LAW JOB N0. 530/4 FIELD DATE 11/11/07 REVISED 8/26/15 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RC \,/ 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON(S) OR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER THE DEDICATION DF THE PROPOSED TRACTS AND UTILITIES ARE SUBJECT TO THEIR COMPLETION BY THE DEVELOPER AND ACCEPTANCE AND APPROVAL BY THE PUBLIC WORKS DIRECTOR THAT THEY HAVE BEEN COMPLETED TO CITY STANDARDS. IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF 20__ Mike Overbeck ACKNOWLEDGMENTS Julia D. Overbeck STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW DR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLI" PRINTED NAME DATED MY APPOINTMENT EXPIRES RECORDER'S CERTIFICATE FILED FOR RECORD THIS _SAY OF 20_ AT M. IN BOOK OF AT PAGE AT THE REQUEST OF NCR SUPT. OF RECORDS TUKWILA APPROVALS Range 4 East, W.M., in King County, Washington LEGAL DESCRIPTIONS LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; AND THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 3.5 FEET CONVEYED TO THE CITY OF TUKWILA BY 8Y DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267 THEREOF. PROPERTY NOTES EXAMINED AND 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 SYSTEMS AND OTHER LAND USE CONTROLS. EXAMINED AND APPROVED THIS DAY OF , 20 . PUBLIC WORKS DIRECTOR ALL INSTALLED IMPROVEMENTS ARE IN ACCORDANCE WITH THE PRELIMINARY PLAT APPROVAL. THE SUB DIVIDER HAS EXECUTED BOND AGREEMENTS IN ACCORDANCE WITH TMC 17.024.030 TO ASSURE COMPLETION OF REMAINING REQUIRED IMPROVEMENT'S AND CONSTRUCTION PLANS. PUBLIC WORKS DIRECTOR arrOFTIAKMATREAERARERSCIERTI=CATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS ___ DAY OF ___, 20__ FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS____ DAY OF__ MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY DF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS — DAY OF , 20 KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 w SITE SOUTH 144TH STREET SOUTH 146TH STREET VICINITY NOT TO SCALE 1. TRACT "A" RECORDED UNDER KING COUNTY RECORDING NUMBER IS A PRIVATE ACCESS AND UTILITIES TRACT. ALL LOTS IN OSTERLY PARK TOWNHOMES SHARE UNDIVIDED AND EQUAL INTEREST IN OWNERSHIP OF TRACT A. MAINTENANCE OF TRACT "A" SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. 2. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT D RECORDED UNDER KING COUNTY RECORDING NUMBER SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION. 3. THE 10 FOOT PRIVATE SANITARY SEWER EASEMENTS RECORDED UNDER RECORDING NUMBER ARE FOR THE BENEFIT OF THE LOTS SHOWN ON THIS SUBDIVISION. MAINTENANCE, REPAIR, AND/OR REBUILDING OF THESE FACILITIES SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON) THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 00000 SURVEY NOTES 1. Field data for this survey was obtained by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 BASIS OF BEARING BASIS OF BEARING 14422 THIRTY FOURTH SOUTH CONDOMINIUM, VOL. 47/89 SHEET 1 OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS Box 813, Seohurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE 9/16/09 JOB NO. 530/4 PROJECT Na 07181 FIELD DATE 11/11/07 DRWN BY LAW REVISED 3/11/15 Found 2" brass disk w/"X" In concrete in case - 11/11/07 ao 30' City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington GRAPHIC SCALE IS 30 r North lend 4' chain link fence is 0.3' north & 0.9' east of set rebor w/cap 3.5' conveyed to the City of Tukwila Rec. #20050518000267 South 144112 Street 10' Exception for Rood Rec. #6060692. N87'35.33" W (c) N87'35'52"W (m) 2430.54' (m) 587'35'33"E 0.01 21.93' LOT LOT I1 139 New Private 24� driveway easement (J) 30, ( 18 FEET ) 1 inch - 30 ft. 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. # PHASE 2 A f/O1 S88"..,1"22"E 130.00' 21,92' LOT!„ LOT AON O l rN 1)36- <0 nml N z 1n m0 � M 27,00 z 24.92 N 3.21 01'09'52"E 1 0 6.50' o 587€ 6.79 2'351.93.373" .1 30.011 --3 i00--- �r Ir Y, 10 W 611 u^i c e in yti feUC NI^ 51.92 S88'50 22"E o \i 587'33'54"E TRACT D: TEMPORARY RECREATION TRACT 0 S87' LOT 3.w n i P z 588 LOT 7.9, V � 120 � F• R. ."6,' 2 • 759'4--1{!�g� 26.10' 588'50 "E __ 60L.. I 16.79' LOT _� m m1Pm e ---212 _ �v 50'22"E 30.00 LOT .N. 8._�.I N p mug m 0 n m O p N y 10' mz 3 'n is (2) Temp--" parking spoces LOT 9 . as 68.75' N87'49'S7"W LEGEND ® Concrete Monument in Case 0 Set 2"x2" hub w/tack Monument no case (P) Plat bearing or distance }{ Tack in Lead or Nail & Disk (c) calculated bearing or distance O Set rebor w/cap #23604 — — Old Lot Lines Qe Found pipe or rebor -- --- -- Easement Lines Boundary Lines GP Guest Parking 0 ew Private 24' I driveway easement (4) X10' NEW PRIVATE SANITARY SEWER EASEMENT REC. ri 3 3 5 1 Found brass pin w/punch mark in concrete in cose - 11/11/07 1748.47 6 IM CID LETT IN Basis of Bearing of this survey are monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. LOT AND TRACT AREAS TRACT A = 4,672 sf ± or 0.11 acres d: RECREATION TRACT D = 1,341 sf ± or 0.03 acres ± LOT 16 = 1,242 sf ± or 0.03 acres ± LOT 17 = 1,614 sf ± or 0.04 acres ± LOT 18 = 1,466 sf ± or 0.03 acres ± LOT 19 = 1,990 sf ± or 0.05 acres ± LOT 20 = 2,252 of ± or 0.05 acres ± LOT 21 = 1,634 sf ± or 0.04 acres ± LOT 22 = 1,677 sf ± or 0.04 acres ± LOT 23 = 1,283 sf ± or 0.03 acres ± LOT 24 = 1,610 sf ± or 0.04 acres ± LOT 100 = 12,017 sf ± or 0.28 acres ± LOT WIDTHS LOTS RANGE IN WITDHS FROM 21.92 FEET TO 30.01 FEET Found 2" brass disk w/punch mark in concrete in case - 11/11/07 South 748th Street SHEET 2OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.B. Box 813, Seohurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 03/11/15 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington ASBUILT South — b _ — — N SCL vault curb6 — North end 4' chain link fence is 0.3'north & 0.9'�1.,�(r,, eost of set rebar w/cap wood fence-/—.. CONDITION _ 144th Street l' c., s tonere a scu concrete walk _ — —��� 65.15 .r0"4' � �Yx" op�{, e '(/'7 S } 08/13/08 s d ----) — ow !� 1 5863533"EP off. sewerdline , •° (green) a 10' Exception Existing fire hydrants DG for Road _ H ®` orb cut a N DETAIL: EASEMENT LOCATIONS - _ o N .- ......_ ._...._ _ ._ ___ .._..• ( p -i ._._. _.._. South ....._ ____ 144th Street — — -8 a- ..._,�,) .-......... ___.. .__.. _.__ / — N o o ILOT 1 LOT 2 (n LOT LOT New Private driveway New Private 24' driveway easement (J) for the benefit of Townhomes 20, 21, 22 and 23 i 4192' _ .._.. u1 C (�jt~ _,_ __ 41.3• _ I + I 24' easement (I) for the benefit of Townhomes 16, 17, 18 and 19 0.9' -�- 4 0 '9 �� on 61 �3' �� / — �F JorJ_ Existing /House /�concrete /934x1 <// edge 10• NEW PRIVATE SANITARY SEWER EASEMENT New Private 5' sidewalkl I 41 I LOT 5 1 93' LOT 6 724.92' 92 I� IX Z J h Q Z = t�Co aeast N N ___ _ ._ LOT 7 LOT 8 __25_93'_ cap � O 9, nag deck r/ m r // TL 0040000094 I '>?1.1' ,-- O l O' • S % '_� 1.3'-I- . - -- __-__ _.6......,4 //\\ 's .� " " TL 0040000088 - 733�S� -m ( ' 0 n Lot Line to be / Removed x,26'7 Found old cb standing water f' down 5' no oip outlet found) Oi Ts' w .o� Y wood fe8t jCL swalence Y 3 •C',!' N m` h 30 P t. s N set 2"x2" w/tock f Existing Building 9 T % /Existing Building / / 2 easement(6)for the 14 benefit 2 Townhomes 22 and 23 ._...... _...__ _._.._ ._ TRACT A TEMPORATY RECREATION I TRACT (, Q t 25.93'r ---- --) ILI, 1 10' NEW PRIVATE SANITARY SEWER EASEMENT ,,/''''''''",.,,,,_ \ ms porkin parkin spaces'-m LOT 100 tvto a o o t — in ..o 0 « w ' ° d c vi z v n a MOO L0 4� --" t WinO Q LI LnJ _ _ =offset GRAPHIC SCALE w ). set rebar w/cap 2.00' west m m / ( IN FEET ) 1 tech = 30 IL i .__ LEGEND NT68.49'5S7 "-' 8 W (c) chain link fence is east of line - GRAPHIC SCALE no - - ® Concrete Monument in Case iG Cotch Basin X Tack in Lead or Nail & Disk A Gas Valve 0 Set rebor w/cap #23604 O Found pipe or rebor M Water Valve V Hydrant e sewer manhole '-n, Power pole l storm drain manhole 0 Deciduous Tree w^❑ water meter ,p 0 Evergreen Tree {}__0 power- pole w/light ( R1 FEST ) 1 Inch = 30 IL SHEET 3 OF 3 SCHROETER%LAND SURVEYING PROFESSIONAL LAND SURVEYORS PA. Hox 813, Seohurst, VoshIngton 98062 (206) 242-6621 FAX (206)243-9679 --- DATE 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 3/11/15 Annual Storm Drain Maintenance Plan Instructions Save Valuable Land and Protect Water Resources StormTech® Detention • Retention • Water Quality A division of 111IUI MUM— . Isolator Row O&M Manual StormTech® Chamber System for Stormwater Management PMtvd CW 1.1 INTRODUCTION An important component of any Stormwater Pollution Prevention Plan is inspection and maintenance. The StormTech Isolator Row is a patented technique to inexpensively enhance Total Suspended Solids (TSS) removal and provide easy access for inspection and maintenance. Looking down the Isolator Row from the manhole opening, woven geotextile is shown between the chamber and stone base. 1.2 THE ISOLATOR ROW The Isolator Row is a row of StormTech chambers, either SC -310, SC -310-3, SC -740, DC -780, MC -3500 or MC - 4500 models, that is surrounded with filter fabric and con- nected to a closely located manhole for easy access. The fabric -wrapped chambers provide for settling and filtra- tion of sediment as storm water rises in the Isolator Row and ultimately passes through the filter fabric. The open bottom chambers and perforated sidewalls (SC -310, SC - 310 -3 and SC -740 models) allow storm water to flow both vertically and horizontally out of the chambers. Sediments are captured in the Isolator Row protecting the storage areas of the adjacent stone and chambers from sediment accumulation. Two different fabrics are used for the Isolator Row. A woven geotextile fabric is placed between the stone and the Isolator Row chambers. The tough geotextile • provides a media for storm water filtration and provides a durable surface for maintenance operations. It is also designed to prevent scour of the underlying stone and remain intact during high pressure jetting. A non -woven fabric is placed over the chambers to provide a filter media for flows passing through the perforations in the sidewall of the chamber. The non -woven fabric is not required over the DC -780, MC -3500 or MC -4500 models as these chambers do not have perforated side walls. The Isolator Row is typically designed to capture the "first flush" and offers the versatility to be sized on a vol- ume basis or flow rate basis. An upstream manhole not only provides access to the Isolator Row but typically includes a high flow weir such that storm water flowrates or volumes that exceed the capacity of the Isolator Row overtop the over flow weir and discharge through a manifold to the other chambers. The Isolator Row may also be part of a treatment train. By treating storm water prior to entry into the chamber system, the service life can be extended and pollutants such as hydrocarbons can be captured. Pre-treatment best management practices can be as simple as deep sump catch basins, oil -water separators or can be inno- vative storm water treatment devices. The design of the treatment train and selection of pretreatment devices by the design engineer is often driven by regulatory requirements. Whether pretreatment is used or not, the Isolator Row is recommended by StormTech as an effective means to minimize maintenance requirements and maintenance costs. Note: See the StormTech Design Manual for detailed information on designing inlets for a StormTech system, including the Isolator Row. StormTech Isolator Row with Overflow Spillway (not to scale) n OPTIONAL 'RE -TREATMENT STORMTECH JISOLATOR ROW 4 i n//_, „t1\/J\\)// \ice//\\1 MANHOLE T y WITH OVERFLOW WEIR ECCENTRIC HEADER OPTIONAL ACCESS STORMTECH CHAMBERS 2 Call StormTech at 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 4 2.1 INSPECTION The frequency of Inspection and Maintenance varies by location. A routine inspection schedule needs to be established for each individual location based upon site specific variables. The type of land use (i.e. industrial, commercial, residential), anticipated pollutant load, per- cent imperviousness, climate, etc. all play a critical role in determining the actual frequency of inspection and maintenance practices. At a minimum, StormTech recommends annual inspec- tions. Initially, the Isolator Row should be inspected every 6 months for the first year of operation. For subsequent years, the inspection should be adjusted based upon previous observation of sediment deposition. The Isolator Row incorporates a combination of standard manhole(s) and strategically located inspection ports (as needed). The inspection ports allow for easy access to the system from the surface, eliminating the need to perform a confined space entry for inspection purposes. If upon visual inspection it is found that sediment has accumulated, a stadia rod should be inserted to deter- mine the depth of sediment. When the average depth of sediment exceeds 3 inches throughout the length of the Isolator Row, clean-out should be performed. 2.2 MAINTENANCE The Isolator Row was designed to reduce the cost of periodic maintenance. By "isolating" sediments to just one row, costs are dramatically reduced by eliminating the need to clean out each row of the entire storage bed. If inspection indicates the potential need for main- tenance, access is provided via a manhole(s) located on the end(s) of the row for cleanout. If entry into the manhole is required, please follow local and OSHA rules for a confined space entries. StormTech Isolator Row (not to scale) OPTIONAL INSPECTION PORT LOCATION PER ENGINEERS DRAWING (4. [100 mm] 0 PVC TYP.) StormTech Examples of culvert cleaning nozzles appropriate for Isolator Row maintenance. (These are not StormTech products.) Maintenance is accomplished with the JetVac process. The JetVac process utilizes a high pressure water noz- zle to propel itself down the Isolator Row while scouring and suspending sediments. As the nozzle is retrieved, the captured pollutants are flushed back into the man- hole for vacuuming. Most sewer and pipe maintenance companies have vacuum/JetVac combination vehicles. Selection of an appropriate JetVac nozzle will improve maintenance efficiency. Fixed nozzles designed for cul- verts or large diameter pipe cleaning are preferable. Rear facing jets with an effective spread of at least 45" are best. Most JetVac reels have 400 feet of hose allow- ing maintenance of an Isolator Row up to 50 chambers long. The JetVac process shall only be performed on StormTech Isolator Rows that have AASHTO class 1 woven geotextile (as specified by StormTech) over their angular base stone. COVER ENTIRE ROW WITH ADS 8017 NON -WOVEN GEOTEXTILE (OR EQUAL) SC -740 - 8' (2.4 m) WIDE STRIP SC -310 & SC -310-3 - 5' (1.5 m) WIDE STRIP ////////(/(////////////// ////// //// STORMTECH END CAP (SC -740 SHOWN) CATCH BASIN OR MANHOLE SC -740, DC -780. MC -3500 & M04500.24' (600 mm) PIPE SC -310 & SC -310-3-1T (300 mm) PIPE CHAMBER (5C-740 SHOWN) 111 ,Alt — 2 LAYERS OF ADS 315 WOVEN GEOTEXTILE (OR EQUAL) BETWEEN STONE BASE AND CHAMBERS MC -4500 -10.3' (3.1 m) WIDE STRIP (ADS 315WTM) MC -3500 -825' (2.5 m) WIDE STRIP (ADS 315WTM) SC -740 0 06780 - 5 (1.5 m) WIDE STRIP (ADS 315V/TX) 5C-310 & SC -310-3 -4' (12 m) WIDE STRIP (ADS 315W5Q NOTE: NON -WOVEN FABRIC IS ONLY REQUIRED OVER THE INLET PIPE CONNECTION INTO THE END CAP FOR DC -780, MC -3500 AND MC -4500 CHAMBER MODELS AND IS NOT REQUIRED OVER THE ENTIRE ISOLATOR ROW. Call StormTech at 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 3 3 PintCu,uG 0'51 deo a V11% ; Step 1) Inspect Isolator Row for sediment A) Inspection ports (if present) i. Remove lid from floor box frame ii. Remove cap from inspection riser iii. Using a flashlight and stadia rod, measure depth of sediment and record results on maintenance log. iv. If sediment is at, or above, 3 inch depth proceed to Step 2. If not proceed to step 3. B) All Isolator Rows i. Remove cover from manhole at upstream end of Isolator Row ii. Using a flashlight, inspect down Isolator Row through outlet pipe 1. Mirrors on poles or cameras may be used to avoid a confined space entry 2. Follow OSHA regulations for confined space entry if entering manhole iii. If sediment is at or above the lower row of sidewall holes (approximately 3 inches) proceed to Step 2. If not proceed to Step 3. Step 2) Clean out Isolator Row using the JetVac process A) A fixed culvert cleaning nozzle with rear facing nozzle spread of 45 inches or more is preferable B) Apply multiple passes of JetVac until backflush water is clean C) Vacuum manhole sump as required Step 3) Replace all caps, lids and covers, record observations and actions Step 4) Inspect & clean catch basins and manholes upstream of the StormTech system qaprot2 rrel oc' StormTech Isolator Row (not to scale) 1) B) AVA4440 '40 rrrrk 1) A) AIAIAIIIlAlA11�1�►%AIAIAIAI �J il�lil�l�l�lil�lil�il�►��i�il�liI!LvLvr���lil�lil�lil Sample Maintenance Log 7 3/15/01 ............................. 9/24/01 6/20/03 7/7/03 6.3 ft. 14/74 none ............. 6.2 5.8 New installation. Fixed point is CI frame at grade .................................................................._............................................................................ 0.1 ft. Some grit felt 0.5 ft. Mucky feel, debris visible in manhole and in Isolator row, maintenance due 6.3 ft. 0 System jetted and vacuumed StormTech Detention • Retention • Water Quality %{ &vision of 111I11111' twatir — 70 Inwood Road, Suite 3 Rocky Hill I Connecticut I 06067 860.529.8188 I 888.892.2694 fax 866.328.8401: www.stormtech.com ADS "Terms and Conditions of Sale" are available on the ADS website, www.ads-pipe.com Advanced Drainage Systems, the ADS logo, and the green stripe are registered trademarks of Advanced Drainage Systems. Stormtech® and the Isolator® Row are registered trademarks of StormTech, Inc. Green Building Council Member logo is a registered trademark of the U.S. Green Building•Council. © 2013 Advanced Drainage Systems, Inc. S090809 02/13 djm Orr ry t CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department o0 Community DWelopnlent 0300 Sold1anter Boulevard, Tukv0kp WA W1! Telephone (200) 431-3070 FAX (204) 43140160 DEDICATION Portion of the KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S> IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17,16, THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S), KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS 1N FEE SIMPLE AND LIEN HOLDERS OF' THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON(S) OR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF , 20_ 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT AND THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF' PRINTED NAME DATED MY APPOINTMENT EXPIRES ____--_-- DAMAGE WAIVER PER TMC 17.04.060 THE FOLLOWING PERSONS OR CORPORATIONS HAVING AN INTEREST IN THE SUBDIVIDED LAND WAIVE BY THEM AND THEIR SUCCESSORS ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC PROPERTY WITHIN THE SUBDIVISION: 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 20._ AT M. IN BOOIL SOF AT PACE AT THE REQUEST OF MGR SUPT. OF RECORDS City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) NW 1/4 of the NW 1/4 of Section 22, Township 23 North, TUKWILA APPROVALS PUBLIC WORKS DIRECTOR'S CERTIFICATE I HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS-OF-WAY, DESIGN OF DRAINAGE SYSTEMS AND OTHER STRUCTURES. I CERTIFY THAT THE SUBDIVIDER HAS COMPLIED WITH ONE OF THE FOLLOWING) A. ALL IMPROVEMENTS HAVE BEEN INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF' TUKWILA MUNICIPAL CGDE TITLE 17 AND WITH THE PRELIMINARY PLAT APPROVAL, AND THAT ORIGINAL AND REPRODUCIBLE MYLAR OR ELECTRONIC RECORDS IN A FORMAT APPROVED BY PUBLIC WORKS AND MEETING CURRENT PUBLIC WORKS DRAWING STANDARDS FOR ROAD, UTILITY AND DRAINAGE CONSTRUCTION PLANS CERTIFIED BY THE DESIGNING ENGINEER AS BEING 'AS CONSTRUCTED' HAVE BEEN SUBMITTED FOR CITY RECORDS. B. AN AGREEMENT AND BOND OR OTHER FINANCIAL SECURITY HAVE BEEN EXECUTED IN ACCORDANCE WITH SECTION 17.24.030 OF THIS TITLE SUFFICIENT TO ASSURE COMPLETION OF' REQUIRED IMPROVEMENTS AND CONSTRUCTION PLANS. EXAMINED AND APPROVED BY THE CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS THIS DAY OF , 20____ DIRECTOR CRY OF TUKWILA TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF' THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS ____ DAY OF ____, 20.--- FINANCE 0__ FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL, EXAMINED AND APPROVED THISDAY OF,___.________. 20 _.Y MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY 'MEASURERS CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF KING COUNTY DEPARTAENT OF ASSESSMENTS EXAMINED AND APPROVED THIS - DAY OF . 20_ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 SOUTH 144TH STREET SITE SOUTH 146TH STREET VICINITY NOT TO SCALE Range 4 East, W.M., in King County, Washington EXISTING LEGAL DESCRIPTIONS PARCEL 1 - TAX LOT 0040000088 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. N0. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. N0. 20131001001350; SUBJECT TO A PUGET SOUND ENERGY EASEMENT KC REC. N0. 2015129001483; SUBJECT TO AND TOGETHER WITH A WATERLINE EASEMENT KC REC. NO. 20151007001218: SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. N0. 20150924001085. PARCEL 2 - TAX LOT 0040000094 LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF': AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES 8Y DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; SUBJECT TO AND TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGS !HER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTIUTIES EASEMENT KC REC. N0. 20131001001350; SUBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; TOGETHER WITH A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483. TOGETHER WITH AND SUBJECT TO A WATERLINE EASEMENT KC REC. NO. 20151007001218; SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. N0. 20150924001086. (NOTE EASEMENTS INCLUDED IN THE LEGAL DESCRIPTIONS ABOVE WERE FROM CW TITLE COMPANY TITLE COMMITMENT NO. FS -40154719, DATED JULY 15, 2015 AT 8100 AM) LAND SURVEYOR'S CERTIFICATE I, Richard L. Schroeter, registered as n land surveyor by the State of Washington, certify that this plat Is based on on actual survey of the land described herein, conducted by me or under my supervision) that the distances, courses and angles are shown thereon correctly: and that nonunents other than -those nonunents approved for setting at a later date, have been set and lot corners stoked on the ground as depicted on the plat. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO.23604 /1. -005- SHEET 1 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAN0 SURVEYORS P.O. Boz 813, Seohvrst, Woshingtan 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW J08 NO. 530/4 FIELD DATE 11/11/07 REVISED 10/26/15 CITY OF TUKWILA FILE NO. L14-0066 Clry of Tukwila Department of Community Development 8300 Scutlgentee Boulevard, Tukwila, WA 98188 Telephone (206) 431-3870 FAX (208) 431-3885 Found 2" brass disk w/"X" in concrete in cone - 11/11/07 1 1 50' vl J4th Avenue City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 3.5' conveyed to the City of Tukwila — Rec. #20050518000267 ;54 087'35'33" W (c) N87'35'52"W (m) SOL/th 144t17 Street North end 4' chain link fence is 0.3' north & 0.9' LOT east of set rebar w/cop New Private 5'-- sidewalk easement (0) rS Oar4 N n Ia) P '-10'i S 2 concrete monument in case on the northerly projection of the centerline of Tract A with the centerline of S. 144th St. - 7/15 New Private 5' sidewalk easement (0) 0' Exception for Rood Rec. #6060692. -- 2430.54' (el) N01'09'52"E 6.50' j 587'5'3)"E 0 65.15'— iM - — 0 in S= '35'33' 90, do 7(9 New Private 24' 1' driveway easement (A) ) --41 1 REBAR W/CAP SET 5/15/14 (TYR) 'yrs 1 10' NEW PRIVATE SANITARY —, — SEWER EASEMENT REC. ---- — — — X0150924001085— [ UL 3` ut=fl 3 PHASE 2 Basis of Bearing of this survey are monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. GRAPHIC SCALE ( 01Yen ) 1 fnch = 30 0. 21.93 /LOT L2 N P 0 ih 8 0'22"E fLOT N's15P !‘'.)„,i1 W Z O 01 p 27 00'0 TRACT B: TEMPORARY RECREATION TRACT LOT w8, .,41N mg col 0 58 0'22"E 0 08850 22"E e i wE 3;I'I W a1 m 87'33'5 S8733'54"E Private Ingress, egress and Utilities Easement Rec. No. 20131001001350 Seattle City Light Easement! Rec. No. 20110420000543 (2) Temp. pa ing spaces L J LOT v, . "I 1 9 —J 10 Drainage Easement per KC Rec. No. 6319966 LEGEND el Concrete Monument in Case + Monument no case yj Tack in Lead or Nail & Disk o Set rebar w/cap #23604 Q Found pipe or rebar — — — Boundary Lines 68.75 087'49'57"W 0 Set 2"x2" hub w/tack (9) Piot bearing or distance (c) calculated bearing or distonce Old Lot Lines Easement Lines N 60.00' EXCEPTION —1 EW PRIVATE SANITARYI SEWER EASEMENT REC. #20150924001086 5 1 New Private 24' drivewoy easement (B)I ---NEW 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 0 0 10' Temporary Landscape Easement J Found brass pin w/punch mark in concrete in case - 11/11/07 1748.47 NOTE: SEE PAGE 3 OF 4 FOR EASEMENT DIMENSIONS LOT WIDTHS LOTS RANGE IN WIDTHS FROM 21.92 FEET TO 30.01 FEET LOT AND TRACT AREAS TRACT A = 4,621 sf 4 or 0.11 acres RECREATION TRACT B (TEMP) = 1,341 sf 4 or 0.03 acres LOT 1 = 2,252 sf or 0.05 cares LOT 2 = 1,634 sf or 0.04 acres LOT 3 = 1,466 sf or 0.03 acres LOT 4 = 1,990 sf or 0.05 acres LOT 5 = 1,677 sf or 0.04 acres LOT 6 = 1.283 sf or 0.03 acres LOT 7 = 1,242 sf or 0.03 acres LOT 8 = 1,614 sf or 0.04 acres LOT 9 = 12,017 sf or 0.28 acres LOT ADDRESSES LOT NUMBERS STREET ADDRESS 1 14401 34 Ln. S. 2 14403 34 Ln. S. 3 14402 34 Ln. S. 4 14404 34 Ln. S. 5 14405 34 Ln. S. 6 14407 34 Ln. S. 7 14406 34 Ln. S. 6 14408 34 Ln. S. SURVEY NOTES 1. Field dote for this survey was obtained by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH. A CONDOMINIUM, VOL. 47. PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 1 Found 2" brass disk w/punch mark in concrete in Gose - 11/11/07 South 74807 Street SHEET 2 OFA4 - 00 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS 1 P.C. Boz 813, Seahurst. Vashtgtun 98062 (206) 242-6621 FAX (006)243-9679 DATE: 9/16/09 PROJECT N0. 07181 DRWN BY LAW JOB N0. 530/4 FIELD DATE 11/11/07 REVISED 11/11/15 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Developm.M 6300 So,Mcenew 11444avae41, Tltkwia, WA 98738 Tafepbona (200) 4.31-3670 FAX (206) 431.3065 LOT 1 LOT 2 my N :n ,,j P 0, rn N88'50'22"W 4193_ ! N� -� N o 0 �O N Nt 419S S88'50'22"E LOT I LOT 5 6 DETAIL DRIVEWAY EASEMENT A SCALE 1" = 30' NORTH LOT 7 LOT 8 S88'50'22"E - 25.93' '15.93- _ "' P N88'50'22"W DETAIL SIDEWALK EASEMENT B NOT TO SCALE NORTH DETAIL SIDEWALK EASEMENT D NOT TO SCALE NORTH Psi -588'5 N88'5e 22"W LOT LOT 7 8 DETAIL DRIVEWAY EASEMENT B SCALE 1" = 30' NORTH City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington S87'35'33"5 5.00' 7'35'33"W 27.50 - DETAIL SIDEWALK EASEMENT A NOT TO SCALE NORTH zl N88'50922"W LOT LOT 3 4 DETAIL SIDEWALK EASEMENT C NOT TO SCALE NORTH 0 ;_o LOT LOT ti 7 8 U N87 8.98833'5,4"W 81.95' S87'33'54"E LOT 9 DETAIL LANDSCAPE EASEMENT N07 TO SCALE NORTH z // l t %�i%%�i% DETAIL: EASEMENT LOCATIONS New Private 5' sidewalk easement (C SEE DETAIL "SIOEWAL &' New Private 24' drivewoy easement (A) for the benefit of Townhomes 1, 2, 5 and 6 SEE DETAIL "DRIVEWAY A" 10NEW PRIVATE SANITARY" - SEWER EASEMENT REC.1 #20150924001085 T/ I New Private 5' sidewalk',�I k easement (A) for the I I III I I I I IMI I Ibenefit of Townhomes 5 1 1 I I 1 1 I and 6 IIIIIIIII11111 _ SEE DETAIL "SIDEWALK A'1 ' I i I "1'1' . i South 144th Street I r�i C3.50' � 2"E 87'35'33"E Lki 3.21 O1Tf LOT ILOT I5 �- S87'35'33"E ,I6.f9( TRACT 5:— TEMPORARY RECREATION (2) TEMPORARY PARKING SPACES , NORTH LINE OF THE SOUTH HALF OF LOT 3, BLOCK 2, ADAMS HOME TRACTS, VOL. 11/31 S87'33'11"E 268.09' '-- —. Seattle City Light Easement Rec. No. 20110420000543 288.73' S87'33'11 "E 10 Drainage Easement per KC Rec. No. 6319966 New Private 5' sidewalk easement (C) SEE DETAIL "SIDEWALK C" 10' LOT LOT 3 4 I I 7 LOT 8 LOT !,kk,. • ./-•-� • 587'„3'54"W _ _J 2 NEW PRIVATE SANITARY SEWER EASEMENT NEW PRIVATE 5' SIDEWALK EASEMENT NEW TEMPORARY LANDSCAPE EASEMENT II 1 ((( 1 1 1 11 TRACT 8 TEMPORARY RECREATION NEW PRIVATE DRIVEWAY EASEMENT so)P rn LOT 9 0' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 New Private 24' driveway easement (8) for the benefit of Townhomes 3. 4, 7 and B SEE DETAIL "DRIVEWAY 8" New Private 5' sidewalk easement (6) for the benefit of Townhomes 7 and 8 SEE DETAIL "SIDEWALK B" 10' TEMPORARY LANDSCAPE EASEMENT SEE DETAIL "LANDSCAPE EASEMENT" NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 GRAPHIC SCALE rA ( W FEST ) c�f 2 -O QST 1 Inch 38 11 SHEET 3 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Senhurst, Vnshtngtan 98062 <206) 242-6621 FAX <206)243-9679 GATE: 9/16/09 PROJECT NO. 07181 DRWN 8Y LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 11/11/15 CITY OF TUKWILA FILE NO. L14-0066 Cly of Tukwila Department of Communly D.vdopment e, 438191704;d:(12r.:19685188 Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M,, in King County, Washington PROPERTY NOTES SIDEWALK EASEMENTS City of Tukwila Plat of Osterly Park Townhomes TRACT NOTES TRACT A: INGRESS, EGRESS AND UTILITIES EASEMENT TRACT A IS A PRIVATE JOINT USE INGRESS, EGRESS. AND U11UTIES TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 9 AND FUTURE PHASES OF 1140 OSTERLY PARK TOWNSHOMES, AS APPROVED UNDER TUKWILA FILE NUMBERS L06-079 AND L12-0005. OWNERSHIP OF LOTS 1 THROUGH 9 OF THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT AND ANY UNDERLYING UTILITIES. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT A SHALL BE THE OSTERLY PARK TOWNHOMES OWNERS ASSOCIATION. DETAILED MAINTENANCE RESPONSIBIUTIES SHALL BE AS LISTED UNDER THE DECLARATION OF CONVENTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR THE OSTERLY PARK TOWNHOMES UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION FOR TRACT A, AN INGRESS, EGRESS AND UTILITIES EASEMENT: THAT PORTION OF THE EAST 65.15 FEET OF LOT 4. EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE). ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52" WEST 151.20 FEET; THENCE NORTH 87'33'54" WEST 30.01 FEET; NORTH 01'09'52" EAST 157.68 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'32" EAST, ALONG SAID MARGIN, 13.21 FEET; THENCE SOUTH 01'09'52" WEST 6.50 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144T11 STREET; THENCE SOUTH 87'35'33" EAST, ALONG SAID MARGIN, 16.79 FEET TO THE POINT OF BEGINNING; SUBJECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET THEREOF; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; SUBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO AND TOGETHER WITH SEATTLE CITY UGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20110420000543; TOGETHER WITH AND SUBJECT TO A PUGET SOUND ENERGY EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20150129001483; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTIUTIES EASEMENT KC REC. N0. 20131001001350; TOGETHER WITH AND SUBJECT TO A WATERUNE EASEMENT KC REC. NO. 20151007001218; - (V, t ,}tz " OWNERSHIP, OPERATION AND MAINTl,ANCE OF TRACT A RECOROE0 44 DENKING COUNTY/RECORDING NUMBER _ �SHALL'8E THE -OS,TER-00Y PARK/TOWNHOMES HEOWNERS.ASSOCIATION, TRACT B: TEMPORARY RECREATION TRACT OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT B SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION; LEGAL DESCRIPTION FOR TRACT B, A TEMPORARY RECREATION TRACT: THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWALA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'52" WEST, ALONG THE WEST LINE OF SAID PLAT, 25.25 FEET ; THENCE SOUTH 87.33'54" EAST 51.94 FEET; THENCE NORTH 01'09'52" EAST 26.40 FEET; THENCE NORTH 8850'22" WEST 51.92 FEET TO THE POINT OF BEGINNING. SUBJECT TO-A-TEMPGRAR-Y-LANDSGAQE EASEMENT N. -ROSS -THE SOUTH -10 -FEET THEREOF, DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER 1. THE UNIT LOTS ARE NOT SEPARATE BUILD ABLE LOTS, AND ADDITIONAL DEVELOPMENT ON 11 -IE INDIVIDUAL UNIT LOTS MAY BE LIMITED AS A RESULT OF THE APPLICATION OF DEVELOPMENT TO THE PARENT LOT. DEVELOPMENT SHALL BE PER THE APPROVED DESIGN RENEW RECEIVED FROM THE CITY OF TUKWILA UNDER FILE NUMBERS L08-076 AND L12-005." V4 VoLIC-S-iA 2. THE FOLLOWING CONDITIONS OF PRELIMINARY APPROVAL SHALL BE DEFERRED TO BUILDING PERMIT FOR INDIVIDUAL UNITS: A) CONSTRUCTION OF PERIMETER FENCE, RECREATION AREA, AND LANDSCAPING SHALL BE DEFERRED TO THE BUILDING PERMITS. b) SCREENING OF THE INDIVIDUAL METERS. ELECTRICAL BOXES AND SIMILAR EQUIPMENT NECESSARY FOR PROJECT INFRASTRUCTURE SHALL BE REVIEWED AS PART OF THE BUILDING PERMIT FOR EACH UNIT. DRIVEWAY EASEMENTS ,/ A. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 1, 2, 5 AND 6. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1, 2, 5 AND 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON 11 -IE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'55" WEST, ALONG THE EAST UNE OF SAID LOT 2, 62.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'50'22" WEST 41.93 FEET; THENCE SOUTH 01'09'52" WEST 24.00 FEET; THENCE SOUTH 8850'22" EAST 41.93 FEET TO THE EAST LINE OF SAID LOTS 2 AND 6; THENCE NORTH 01'09'52" EAST, ALONG SAID EAST LINE, 24.00 FEET TO THE TRUE POINT OF BEGINNING , B. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 3, 4, 7 AND 8 FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 3, 4, 7 AND 8 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52 WEST, ALONG 11 -IE WEST LINE OF SAID LOT 3, 55.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88'50'22" EAST 41.93 FEET; THENCE SOUTH 01'09'38" WEST 24.00 FEET; THENCE NORTH 88'50'22" WEST 41.93 FEET TO THE WEST LINE OF SAID LOTS 3 AND 7; THENCE NORTH 01'09'52" EAST, ALONG SAID WEST LINE, 24.00 FEET TO THE TRUE POINT OF BEGINNING. TEMPORARY LANDSCAPE EASMENT TEMPORARY PRIVATE LANDSCAPE EASEMENT FOR THE BENEFIT OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066. DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 9 AND TRACT A OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER CORNER OF LOT 9, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'38" WEST, ALONG THE EAST LINE OF SAID LOT, 20.22 FEET TO 140 TRUE POINT OF BEGINNING; THENCE NORTH 87'33'54" WEST 81.95 FEET TO THE WEST LINE OF SAID TRACT A; THENCE SOUTH 01'09'52" WEST, ALONG SAID WEST LINE, 10.00 FEET; THENCE SOUTH 87'33'54" EAST 81.95 FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH 01'09'38" EAST, ALONG SAID EAST UNE, 10.00 FEET TO THE TRUE POINT OF BEGINNING. A. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 5 AND 6. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. 014-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09;58" EAST, ALONG THE EAST LINE OF SAID LOT 6, 5.00 FEET; THENCE NORTH 88'50'22" WEST 24.92 FEET TO THE EAST LINE OF LOT 5, OSTERLY PARK; THENCE SOUTH 01'09'52" WEST, ALONG THE EAST LINE OF SAID LOT 5. 5.00 FEET; THENCE SOUTH 88'50'22" EAST, ALONG 11-10 SOUTH LINE OF SAID LOT 6, 24.92 FEET TO THE EAST UNE OF SAID LOT 6 AND THE POINT OF BEGINNING. /B. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 7 AND 8. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS. CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 7, 8 AND 9 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09'52" EAST, ALONG THE WEST OF SAID LOT 7, 2.50 FEET; THENCE SOUTH 88'50'22" EAST 25.93 FEET TO THE WEST LINE OF LOT 8, OSTERLY PARK; THENCE SOUTH 01'09'38" WEST, ALONG THE EAST LINE OF SAID LOT 8 AND ITS PROJECTION SOUTHERLY, 5.00 FEET; THENCE NORTH 88'50'22" WEST 25.93 FEET TO THE EAST LINE OF SAID LOT 9; THENCE NORTH 01'09'52" EAST. ALONG SAID EAST LINE, 2.50 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7 AND THE POINT OF BEGINNING, 'C. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 3 AND 4. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS; THAT PORTION OF LOTS 3 AND 4 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 4, PLAT 00 OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 87'35'33" WEST, ALONG THE NORTH OF SAID LOT 4, 27.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'09'38" WEST 20.59 FEET; THENCE NORTH 88'50'22" WEST 5.00 FEET; THENCE NORTH 01'09'38" EAST 20.70 FEET TO THE NORTH UNE OF SAID LOT 3; THENCE SOUTH 87'35'33" EAST, ALONG THE NORTH LINE OF SAID LOTS, 5.00 FEET TO THE TRUE POINT OF BEGINNING. D. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 1 AND 2. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1 AND 2 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWIILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 87'35'33" WEST. ALONG THE NORTH OF SAID LOT 1, 19.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'09'52" WEST 28.70 FEET; THENCE NORTH 88'50'22" WEST 5.00 FEET; THENCE NORTH 01'09'52" EAST 28.81 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 87'35'33" EAST, ALONG THE NORTH UNE OF SAID LOTS, 5.00 FEET TO THE TRUE POINT OF BEGINNING. 12.-005 SHEET 4 OF 4 SCHROETERWILAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Senhurst, Vnshlnpton 98062 (2061 242-6621 FAX (206)243-9679 DATE: 9/16/09 JOB N0. 530/4 PROJECT NO. 07181 DRWN 8Y LAW FIELD DATE 11/11/07 REVISED 10/30/15 City of Tukwila REVISION SUBMITTAL Department of Community Development PLANNING DIVISION 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Revision submittals must be submitted in person at the Permit Center, ACCOMPANIED BY RESPONSE DOCUMENTS AND THIS COMPLETED FORM. Revisions will not be accepted through the mail, email, fax, etc. Date: (t (11— Z 6 Permit Number: (Q (Q Project Name: OC 1)6.To vi.S Project Address: 7" 1 2 / 1121 ' 11Iq F1-* TI•t, WlJ - 37(0 o Project Contact: M1 ke Nex-10-e.G Contact Phone number: (ioc9) 1-8 - 01,51 City Planner: PA/it/Wt. 'VIS PLEASE ATTACH A COPY OF ANY LETTER REQUESTING CORRECTIONS / ADDITIONAL INFORMATION ❑ Response to Preliminary Approval Response to letter requesting additional information (Please attach a copy of the letter)' Z, 0 Final Short Plat Submittal Summary of revision/response submittal: CCL —3 Crypkes tAvvei c43 -p112 - Received at the City of Tukwila Permit Center by: Volkyi Q, tAv• AARAi Entered in TRAKiT on (0115 W:\Users\Teri\Templates-Forms\Revision Submittal Form.doc CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila DIMITt wnt of Community Development OO Soothes.", BbW.v.rd, Tukwila, WA 91185 TeMph8n. (208) 431-3670 FAX (206) 431.1665 DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, TUKWILA APPROVALS PUBLIC WORKS DIRECTORS CERTIFICATE I HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND DTHER RIGHTS-OF-WAY, DESIGN OF DRAINAGE SYSTEMS AND OTHER STRUCTURES. KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY 1-yjLyld MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH TAdK1C;r&I 414 THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). (.o T KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON(S) OR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF , 20 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED UABLILTY COMPANY ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF _ 1 CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE <HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBUC _,.._ PRINTED NAME____ ____________ DATED___ MY APPOINTMENT EXPIRES _________ DAMAGE WAIVER PER TMC 17.04.060 THE FOLLOWING PERSONS OR CORPORATIONS HAVING AN INTEREST IN THE SUBDIVIDED LAND WAIVE BY THEM AND THEIR SUCCESSORS ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBLIC FACILITIES AMD, EWPIF"C'LU1ES AND PUBLIC PROPERTY WITHIN THE SUBDIVISION: 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 20 AT M. IN BOOK OF !T PAGE AT THE REQUEST OF MCR SUPT. OF RECORDS I CERTIFY THAT THE SUBDIVIDER HAS COMPLIED WITH ONE OF THE FOLLOWING) A. ALL IMPROVEMENTS HAVE BEEN INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS Or1141983,LT144 ND WITH THE PRELIMINARY PLAT APPROVAL, AND THAT ORIGINAL AND REPRODUCIBLE MYLAR OR ELECTRONIC RECORDS IN A FORMAT APPROVED B'( PUBLIC WORKS AND MEETING CURRENT PUBLIC WORKS DRAWING STANDARDS FOE` ROAD, UTILITY AND DRAINAGE CONSTRUCTION PLANS CERTIFIED BY THE DESIGNING ENGINEER AS BEING 'AS CONSTRUCTED' HAVE BEEN SUBMITTED FOR CITY RECORDS. B. AN AGREEMENT AND BOND OR DTHER FINANCIAL SECURITY HAVE BEEN EXECUTED IN ACCORDANCE WITH SECTION 17,24.030 OF THIS TITLE SUFFICIENT TO ASSURE COMPLETION OF REQUIRED IMPROVEMENTS AND CONSTRUCTION PLANS. EXAMINED AND APPROVED BY THE CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS THIS DAY OF , 20____ DIRECTOR CITY OF TUKWLA TREASURERS CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DEUNOUENT SPECIAL ASSESSMENTS. AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBUC USE AND ARE PAID IN FULL ON THIS DAY OF - 20__ FINANCE DIRECTOR MAYOR AND CLERK'S AF2ROVAL EXAMINED AND APPROVED THIS.____ DAY OF____ 20 "DrATUIt CITY CLERK KING COUNTY APPROVALS KMO COUNTY TAEAS(ER'S CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF 20_ _ KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS - DAY OF KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000058 and 0040000094 SITE I SOUTH 144TH STREET SOUTH 1461H STREET VICINITY NOT TO SCALE Range 4 East, W.M., in King County, Washington EXISTINf7 LEGAL DESCRIPTIONS PARCEL 1 - TAX LOT 0040000088 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. N0. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 20131001001350; SUBJECT TO A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483. PARCEL 2 - TAX LOT 0040000094 LOT 5, BLOCK 2, ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27. 1966, UNDER RECORDING NUMBER 6060692; SUBJECT TO A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 20131001001350; TOGETHER WITH A PUGET SOUND ENERGY EASEMENT KC REC. 140. 2015129001483. LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M,, THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON) THAT THE' MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT 1 HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO.23604 rep(ate axsdata above wig tkat' ih T E 11.04. DLO (Br 3) RECEIVED SEP 042015 Community Development L / 1. 00C—SHEET I OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P0. Box 813, Seehurst, Wes6Ington 96062 4206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB N0. 530/4 FIELD DATE 11/11/07 REVISED 10/10/14 CITY OF TUKWILA FILE NO. L14-0066 040 of To* DpMnetof Co mN, Development 6.3008oulho0MDmdessed.16105 FAX WA 96166 Telephone (206) 4514670 FAX (206)431.3M _Eq.6.W ples01 MikMias. Found 2" brass MN, wfX" In concrete in case - 11/11/07 • City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 3.5' conveyed 10 the City o1 Tukwila - (" n monumentase Rac. #20050518000267 - I ori lne nor theriy pro)octi11 of the centerline of Tract A with the centerline of S. 144th St. - 7/15 �! r10' Exception for Rood a{` I Rec 0060682. 011)452"E -11.1.7-t 6.50' -o $ _ - 5871513" W (c) 587'35'52'W (m) ry South 144th Street North lend 4' chain link fence is 0.3' north & 0.9' east of set ,-ober w/cap S67' 5'33"E -6 .15' 5 Jo - 93-( 30.0 3- r I rs I New Private 24 driveway eoaemenl (A) REBAR W/CAP SET - 5/15/14 (TIP) 10' NEW PRIVATE SANITARY SEWER EASEMENT REG / C�ppro A9fc95 PHASE 2 10' Tempo, - Landscape TRACT 8:^� ARY [RS6211(Itr1�p f RECRTEMPOEATION �f.� {dMel AR6ff, TRACT r64r' to Ingress, egress one -y 20)3 Easement Rec. No. I 2013100 01001350 tor - I5$ - EXCEPTION Found brass pin w/punch mark in concrete in case - 11/11/07 2030.54_(m) �rrc� dt j 4J EW PRIVATE SANITARYp wwD Cid SEWER EASEMENT RECI 9-- 5 1740.47- LI OK Ll 114.1 Bolls of Deming of this survey are monumCnte found of the I intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/Soalh 148th Street. I LOT WIDTHS LOTS RANGE IN 301HS FROM 21.9? FEET TO 30.01 FEET LOT AND TRACT AREAS TRACT A - 4,621 ofyear 0.11 acres>E RECREATION TRACT B(TEMP) - 1.341 sf) or 0.03 acres 4' LOT 1 - 2.252 sl or 0.05 acres 6E tib /� LOT 2 w 1.634 at or 0.04 acres LOT 3 - 1.406 sf or 0.03 acres LOT 4 - 1,990 sf or 0.05 odea LOT 5 - 1.677 sf or 0.04 acres x' y LOT 6 w 1,293 0 00 0.03 acres LOT 7 = 1.242 sf or 0.03 acres LOT 8 w 1.614 of 0.04 acres! LOT 9 .412.017 sl pc, or 0.28 acres )C A \ `T LOT ADDRESSES LOT NUMBERS STREET ADDRESS 1 14401 34 Ln. S. 2 14403 34 10. S. 3 14402 34 Ln. 5. 4 14404 34 Ln. 5. 5 14405 34 Ln. S. 6 14407 34 Ln. 5. 7 14406 34 1-(1. S. 8 14408 34 Ln. 5. New Private 24' $�I driveway casement (110 GRAPHIC SCALE ( IM Feer ) meb - 30 n. Seattle City 119111 Eosement-1 Rec. N0. 20110420000543 I/ 3 deory .show -,�� I . dr6ltoSiee(G Qtld Ociamt $ Ls 10 0r010046 (0,004,41 XC Rec. No. 6319966 .a (2) Temp. parking spaces I LOT J 9 68.75 N87'49'S7"W LEGEND ® Concrete Monument 10 Casa 0 Set 2"x2" huh w/tack (P) Plat bearing or distance 4* Monument n (4 0002 in 1300 orcase Nod & Disk (c) calculated bearing or distance o Sot re60r 1/009 123604 - - - Old Lot Lines O Found pipe or re6ur - - - Easement Lines B do y L' e NEW PRIVATE SANITARY SEWER EASEMENT REC. 6 10' Temporay Landacope Easement __ - SURVEY NOTES I, Fi42 data for this survey was obta0ed by direct field measurements. Angular and linear reationahips 6001 sated with asix second theodolite and electronic meosurMg device. supplemented by o steel tape. This survey meets or exceeds the standards eonlolned in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL 41. PAGES 91 TO 93: 19422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 901 RLSEC1EIVED 143/125 Found 2" brass disk w/punch m0 in concrete In case - 11/11/07 SEP 042015 Son° th /48th Street SHEET23'OF 4 --� SCHROETERVILAND SURVEYING PROFESSIONAL LAND SURVEYORS 00. sex 013, 0.0600s1, 00312,000 3006 1206) 2,2!629 rA% 120,12409679 DATE: 9/16/09 PROJECT N0. 07181 DRWN BY LAW JOB N0. 530/0 NEED DATE 11/91/6l`-TrEVSEMST713-- "k" * CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila "••-s = CiryofTukwila Plat of Osterly Park Townhomes (PHASE ONE) Department of Cammuntly Development st, POO 8outhoenter flottlevank TAMIL WA 98168 Telephone (206) 431-31170 FAX (200 4314665 Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington ASBUILT CONDITION S 08/13/08 Existing fire hydrants,( _ IA DETAIL: EASEMENT LOCATIONS South 144th Street — N _ — F—' — n'-- ' — o NO1'09'52"E e 3'.50' 6.50' LS87'35'33"E I o — --- o0 0 N o Soufh 144th Street -- N "I' sconcre a scurEn• I'—' 10' Exception for Rood — ___. s 1 t 3.31 , o 0 S87'35'33"E M / SCL vault `curb cut — _ — — -` a 6' concrete walk . b N ®''t}t, o til ur• cot ' '_. I I I /LOT 1 I !— — LOT 2 — '— 16.79[ vi V% W CC m m W j / / / // LOT 3 / LOT 4 I rJ ebrre inful96 NEW PRIVATE SANITARY // SEWER EASEMENT REC. x-_—. New Private 24' driveway North end 4' chain link— fence is 0.3 north & 0.9' east of set rebor w/cop wood fence r ' N873532"W _...pre''' "loc r68.73' t S8 35'33"E . 1 aimed sewer line t (green) 01'09'52"E — — — New Private 24' driveway easement (A) for the benefit of Townhomes 1, 2, 5 and 6ownhomes i I` ( m Cd CO m ,/ (" / casement ( ; for the benefit of 3, 4, 7 and 8 I o :41 92Y I' o ix (r ^ 0 4.93 0 0.9 N P 4 0) n d ° qF N // carport Houseg House 6.50, `r i --east edge u a♦\ a a1 93' • e" C7 W \ 41. v a 3' r 1 1 10' NEW PRIVATE SANITARY--" SEWER EASE ENT 1^ugrdl/v k LOT /f 5 LOT 6 • N Q I ' U J 0 O, Z Q`"' w P LOT 7 f IY LOTI 8 / 10' NEW PRIVATE SANITARY a oil fiII-N ^ O r concrete a` #3421 ` 90 PARCEL 2 C0p o w•.d °mb TL 0040000094 _ ` , +^' I 1.1'' r va OC"7 S `› 1.3•-,- — L -- —' — — -- \ /,t ,( tj ,2 /\i ^ M1+attn (V1C`l. \1N0N \/. ll 6 Found old cD standing water `down 5' (no ' PARCEL 1 o. outlet found) 1L 0040000088 0 5 a'1 0 N87' 'S W °v '0 l 6514" " - o I y oo wood fence & .. `CL swats ° m 3 F 0 3 s r m set 2"x2" w/tacker / w Existing Building N/ ei/ co / L/j , '/Existing wilding / % T II New rivals 5' sidewalk .4.92 o 25 93' SEWER EASEMENT easement ® for the I benefit of, Townhomes I III 1 1 1 1 1 1 I rn 25.93 5 and 6 dn4 ,IlvAll. _ —I — MAiKt'4ined y /'1***x+444:` TRACT I B:— I 1 I-1ruu . N87'.,3154"W ....",--corer, ut ;else ; ' 10' TEMPORARY TEMPORARY RECREATION 10' TE PORARY LANDSCAPE EASEMENT > w a E a¢ •- a I/ a:a w ° G a m a I Z 1,..2z z " c ° m I LANDSCAPE EASEMENT // / NEW PRIVATE SANITARY SEWER EASEMENT 7 "'aa, a E c v 8 ' s m 0 z v e ngt NEW PRIVATE 5' SIDEWALK EASEMENT L:\\,,,_.\\\‘‘`,„,1 LOT y , NEW TEMPORARY LANDSCAPE EASEMENT 9 / (/ nn UVOp pr1'j _- \&?,7)1 mGRAPHIC SCALE 120 u - fset"rebur w/cap 2.00' Q N offset west N o^ z o m / ! / 1 1 1 1 1 1 1 1 1 1 1 1 TRACT B TEMPORARY RECREATION I t'' • ' ', Drivtway EasewKnfi ' — / / Nil ME ( IN FEET) 1 m o b = 3 0 ft , "' v— —chain link fence Is east of line -- ___ — _ — /— — —, _ °0 MOG RECEIVED SEP 04 2015 GRAPHIC SCALE Gommuniry ° ' '0 °° 120 Development — — 68.75 N87'49'57"W (c) LEGEND m mi ® Concrete Monument in Case ® Catch Basin V }{ Tack in Lead or 14011 de Disk Gas Valve 0 Set rebar whop #23604 ° P CO Found pipe or rebor A Water Valve PROPERTY NOTES: Hydrant t$f sewer manhole 1. TAX LOT 0040000094 IS SUBJECT RIGHT TO MAKE \ •IIS •, Power pole storm drain manhole NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING u3' Deciduous Tree ® NUMBER 6060692. Ja1 ,tv 110 water meter 2. TAX LOT 0040000094 IS SUBJECT TO A`DRAAINAGE PIPELINE / if^1 Evergreen Tree q-0 power pole w/ll htDATE: 9 UNDER KING COUNTY RECORDING NUMBER 6319966. c lx FEEe r) pO b 1 inch - 30 n L 1 ' SHEETA'OF 4 t y1 S/16IA) Mese sr f(A. i' 1 / SCHROETER INLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.D. Box 813, Seehurst, V= on 98062 <206) 242-6621 FAX 1206)203-9679 9/16/09 PROJECT N0. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 8/31/15 CITY OF TUKWILA FILE NO. L14-0066 City or Tukwila City of Tukwila MperlmaMaGommunllyDevelopment Plat of Osterly Park Townhomes ,;,a Tom, o. ; 7.8 Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington PROPERTY NOTES "4 TRACT "A" OWNERSHIP, OPERATION ANO MAINTENANCE OF TRACT A PARK TOWNH• S HOMEOWNERS ASSOCIATION. 15HAll BE THE OSTERLY 1'�¢{,edrWtih'1<h- et asponslbi1l�.es0.il o ______ _ SHALL BE THE OSTERLY 4 7 PARK TOWNHOMES HOMEOWNERS ASSOCIATION. taeiR;(4e1 niain'kMAnta ✓eSpen4e .)rl1S SItaA •tel • - r14¢4 tinder k 1 retard, 'vont.✓ RECORDING NUMBER LOTS SHOWN 0 IS SUBDIVIS c THESE FAGI S SHALL BE SHA RESPO UTY" ICH SH L RUQ PA S HAVING ORA G ANY RI OPERTY. ARE F E BENEFIT,OF THE A TENANDE RE R, ARB/OR REBUILDING OF EQUALLY BY OSE RENEE' AND THE TH TH ANO -AND B NDING-0N ALL E OR INTER6 TO THE BENEFITED AT. THE UNIT LOTS ARE NOT SEPARATE BUILDABLE LOTS, AND ADDITIONAL DEVELOPMENT ON THE INDIVIDUAL UNIT LOTS MAY BE UMITED AS A RESULT OF THE APPLICATION OF DEVELOPMENT TO THE PARENT LOT. VeVL a H114t'" Shall be 4& D4sli Rwiu.) rcrt,V,ed .fvim 1kc Cyt' of Tuiwd v der )Fife ,�vatbcr Lor -crit, e' 2 e THE -FOLLOWING CONDITIONS OF PRELIMINARYAPPROVAL SHALL BE DEFERRED TO BUILDING PERMIT FOR INDIVIDUAL UNITS: A) CONSTRUCTION OF PERIMETER FENCE, RECREATION AREA, AND LANDSCAPING SHALL BE DEFERRED TO THE BUILDING PERMITS. 8) SCREENING OF THE INDIVIDUAL METERS, ELECTRICAL BOXES AND SIMILAR EQUIPMENT NECESSARY FOR PROJECT INFRASTRUCTURE SHALL BE REVIEWED AS PART OF THE BUILDING PERMIT FOR EACH UNIT. Traz-"f "A 1/ is a pr;vAfe_ Jo;h+ Use ;h9►2ss, egresS, r}.d ut;l;-f kS -Ir4ct -far tke bene -f7 of flu. wows of )o1 1 -fhroulh 9 and f i+we pl,kses of 41,1e Osfie-rly ?Arid- 1owibo►nes, as cgpraved under Tvkwd4 .kik hutnber.S Log -o761 clad L-12 -ooS Owners p of loi-S 1 Through 9 oc-I'lwiS mitt ine4vdes a i ec�vcl &1d vhdividec) repcii ;6tii1 thenta;n'tetla41.Q 421 f Sa;cf -tract cold aiy Uncltriy/n9 vfilrfte3 t_IZ Ons, TRACTA : 2n5res5, Egress, cute! Ut;llh'teS THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52" WEST 151.20 FEET; THENCE NORTH 87'33'54" WEST 30.01 FEET; NORTH 01'09'52" EAST 157.68 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'32" EAST, ALONG SAID MARGIN, 13.21 FEET; THENCE SOUTH 01'0952" WEST 6.50 FEET TO 111E SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'33" EAST, ALONG SAID MARGIN, 16.79 FEET TO THE POINT OF EGINNING; UBJECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET EREOF. 5vbl,iifrri° and �9an mow, 6-N. Cgdsyfi �4ft-be Etc r rdtctNl d REACT B (TEMPORARY RE REATIbN TRA,. THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE N0. L14-0066, DESCRILE0 AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'52" WEST, ALONG THE WEST LINE OF SAID PLAT, 25.25 FEET ; THENCE SOUTH 87'33'54" EAST 51.94 FEET; THENCE NORTH 01'09'52" EAST 26.40 FEET; THENCE NORTH 88'50'22" WEST 51.92 FEET TO THE POINT OF BEGINNING. SUBJECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET THEREOF. unaer- KL R.Qtertifng P.e.tartl i•rl pRIvE WAY EASEMENTS A- ! I descrip- it-rl : -- Private 24' drivtwj -For 1i den o4 -tbtMnitameS on I, - / 4.nd (. Sec Uhd4r rttordhi, Vtvwtbur • r niai►t-€,k nice respor74;bll;fie S 13 • Ie9h1 cleSatpi-eaot pvrrose, M ti11•1tNlrlNC- JS IDEVIA�'- EASEMENTS A. tet descri10f;o0 13urpbS2/ ,,;nizoa.ntQ $. Ittc.l dtsC-rt.p-W ervi Purpose - i Wtttlnt'Lk0102_ TEMPogA�Y L�FNDSCAPE EASE n1ENT JF I cfcscri 'art RECEIVED SEP 042015 e°e Pmenl SHEET1 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PA. Box 813, Seohurst, Voshn ton 90062 7206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT N0. 07181 DR WN BY LAW JOB N0. 530/4 FIELD DATE 11/11/07 REVISED 7/29/15 CITY OF TUKWILA FILE NO. L14-0066 CRy et Tukwila Doprtnrnt of Community D.wbp enl 8300 5ouMpnln Saulwnrd, TukwY, WA 96108 TWphpr (206) 431.1870 FAX (208) 431.3666 DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington TUKWILA APPROVALS PUBLIC WORKS DIRECTOR'S CERTIFICATE KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON(S) 0R ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED LIABULTY COMPANY ACKNOWLEDGMENTS , 20_ STATE OF WASHINGTON COUNTY OF I CERTIFY THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBUC PRINTED NAME DATED___ MY APPOINTMENT EXPIRES DAMAGE WAIVER PER TMC 17.04.060 THE FOLLOWING PERSONS OR CORPORATIONS HAVING AN INTEREST IN THE SUBDIVIDED LAND WAIVE BY THEM AND THEIR SUCCESSORS ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBLIC FACIUTIES AND PUBLIC PROPERTY WITHIN THE SUBDIVISION: 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY • RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 20_ ATIN BOOK OF AT PAGE M.AT THE REQUEST OF MCR SUPT. OF RECORDS I HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS-OF-WAY, DESIGN OF DRAINAGE SYSTEMS AND OTHER STRUCTURES. I CERTIFY THAT THE SUBDIVIDER HAS COMPLIED WITH ONE OF THE FOLLOWING) A. ALL IMPROVEMENTS HAVE BEEN INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF TUKWILA MUNICIPAL CODE TITLE 17 AND WITH THE PRELIMINARY PLAT APPROVAL, AND THAT ORIGINAL AND REPRODUCIBLE MYLAR OR ELECTRONIC RECORDS IN A FORMAT APPROVED BY PUBLIC WORKS AND MEETING CURRENT PUBLIC WORKS DRAWING STANDARDS FOR ROAD, UTILITY AND DRAINAGE CONSTRUCTION PLANS CERTIFIED BY THE DESIGNING ENGINEER AS BEING 'AS CONSTRUCTED' HAVE BEEN SUBMITTED FOR CITY RECORDS. B. AN AGREEMENT AND BOND OR OTHER FINANCIAL SECURITY HAVE BEEN EXECUTED IN ACCORDANCE WITH SECTION 17.24.030 OF THIS TITLE SUFFICIENT TO ASSURE COMPLETION OF REQUIRED IMPROVEMENTS AND CONSTRUCTION PLANS. EXAMINED AND APPROVED BY THE CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS THIS DAY OF , 20____ DIRECTOR CITY OF TUKWILA MEASURER'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS. ALLEYS OR FOR OTHER PUBUC USE AND ARE PAID IN FULL ON THIS DAY OF 20_ FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS__ DAY OF 20 MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY TREASURERS CERTIFICATE 1 HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF 20_ . KING COUNTY DEPARTMENT OF QTS EXAMINED AND APPROVED THIS - DAY OF 20 . KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 SOUTH 144TH STREET SITE SOUTH 146TH STREET VICINITY NOT TO SCALE '0 EXISTING LEGAL DESCRIPTIONS PARCEL 1 - TAX LOT 0040000088 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 20131001001350; SUBJECT TO A PUGET SOUND ENERGY EASEMENT KC REC. N0. 2015129001483; SUBJECT TO ANO TOGETHER WITH A WATERLINE EASEMENT KC REC. NO. 20151007001218; SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. N0. 20150924001085. PARCEL 2 - TAX LOT 0040000094 LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966. UNDER RECORDING NUMBER 6060692; SUBJECT TO AND TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. N0. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 20131001001350; SUBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; TOGETHER WITH A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483. TOGETHER WITH AND SUBJECT TO A WATERLINE EASEMENT KC REC. NO. 20151007001218; SUBJECT TO A 10 FOOT EASEMENT FOR SIDE SEWER KC REC. N0. 20150924001086. (NOTE EASEMENTS INCLUDED IN THE LEGAL DESCRIPTIONS ABOVE WERE FROM CW TITLE COMPANY TITLE COMMITMENT N0. FS -40154719, DATED JULY 15, 2015 AT 8:00 AM) LAND SURVEYOR'S CERTIFICATE I, Richard L. Schroeter, 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, courses and angles are shown thereon correctly) and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on 'the plat. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO.23604 Liz -00C SHEET 1 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PD. Box 813, Seahurst, VasNnpton 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 10/26/15 CITY OF TUKWILA FILE NO. L14-0066 Cly of Tukwila Dopa l ent of Commonly Development 6300 Soulaenter Boulevard, Tuwea, WA 98188 Telephone (208)431.3870 FAX (208)431-3685 Found 2" brass disk w/"X" in concrete in case - 11/11/07 30' 34th Avenue City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W"M., in King County, Washington 3.5' conveyed to the City of Tukwila Rec. #20050518000267 N87'35'33" W (c) N87.35'52"W (m) South 744th Street In ri N NO1'09'52"E 6.50' S87'35'33"E -65.15-. - North end 4' chcin link 1` 30.01 fence is 0.3' north & 0.9' LOT east of set rebar w/cap 1 New Private sidewalk easement (0) N n lm T 10• o 5 0 1.93 , LOT L? n Nae O n z z New Private 24' driveway easement (A) 1 41 -88 1350'22"E0I2):E -7) St i LOT2 0 6 1‘'2,0 1 5 oow On W O<N N nNI lV V7 m O Ol Otry 271009i 51.92 10' NEW PRIVATE SANITARY --N 8'50 22"E I p SEWER EASEMENT REC. H - - - X0150924001085 REBAR W/CAP SET 5/15/14 (TYP) 3 TRACT 9: TEMPORARY RECREATION TRACT concrete monument in case on the northerly projection of the centerline of Tract A with the centerline of S. 144th St. - 7/15 New Private 5' sidewalk easement (C) 10' Exception for Rood Rec. #6060692. 2430.54' (n,) BY'. loo_ '35'33" 41.93=1 I LO>T 131 n e 0 0 O N n i 30.01' --"1EXCEPTION l LOT 4 NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 5 `OT wV, Sg I New Private 24' driveway easement (13)1 to- m r;0 and o 26. r0 ..-NEW 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. 1 #20150924001086 58850 22"E I S87'33'54"E Private Ingress, egress and Utilities Easement Rec. No. 20131001001350 Seattle City Light Easement! I'0 J Rec. No. 20110420000543 1 (2) Temp. - par Ing spaces `m; I LOT ! I 1 9 10 Drainage Easement per KC Rec. No. 6319966 PHASE 2 Basis of Bearing of this survey are monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. GRAPHIC SCALE tx ( INFEST) 1 inch - 30 tt. 1m LEGEND ® Concrete Monument in Case ▪ Monument no case X( Tock in Lead or Nail & Disk O Set rebar w/cop #23604 Qi Found pipe or rebar - - - Boundary Lines J 0 M 10' Temporary Landscape Easement n P ti Found brass pin w/punch mork in concrete In case - 11/11/07 1748.47 NOTE: SEE PAGE 3 OF 4 FOR EASEMENT DIMENSIONS LOT WIDTHS LOTS RANGE IN WIDTHS FROM 21.92 FEET TO 30.01 FEET LOT AND TRACT AREAS TRACT A = 4,621 sf ± or 0.11 acres RECREATION TRACT B (TEMP) = 1,341 sf ± or 0.03 acres LOT 1 = 2,252 sf or 0.05 acres LOT 2 = 1,634 sf or 0.04 acres LOT 3 = 1,466 sf or 0.03 acres LOT 4 = 1,990 et or 0.05 acres LOT 5 = 1.677 sf or 0.04 acres LOT 6 = 1.283 sf or 0.03 acres LOT 7 = 1,242 sf or 0.03 acres LOT 8 = 1,614 sf or 0.04 acres LOT 9 = 12,017 sf or 0.28 acres LOT ADDRESSES LOT NUMBERS 2 3 4 5 6 7 8 SURVEY NOTES STREET ADDRESS 14401 34 Ln. 5. 14403 34 Ln. S. 14402 34 Ln. S. 14404 34 Ln. S. 14405 34 Ln. 5. 14407 34 Ln. S. 14406 34 Ln. S. 14408 34 Ln. 5. 1. Field data for this survey was obtoined by direct field measurements. Angulor and linear relationships were measured with o six second theodolite and electronic measuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained In WAC 332-130-090. - - - - J 1 2. REFERENCES: PLAT OF ADAMS HOME TRACTS. VOL. 11/31 1 i I 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM. VOL. 47, - - - - _1PAGES 91 TO 93: 14422 THIRTY FOURTH SOUTH, A - N87•49•57"ly CONDOMINIUM. VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 0 Set 2"x2" hub w/tack (P) Plot bearing or distonce (c) calculated bearing or distance Old Lot Lines Easement Lines 01.4° Found 2" brass disk w/punch mark in concrete in case - 11/11/07 South 748th Street\ SHEET 2 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P. Box 613, Seohurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 11/11/15 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Communtty Development 8300 bouthcentar Boulevard, Tukwila, WA 96166 Telephone (206) 4314670 FAX (206)) 431.3665 LOT 1 LOT 2 N88'50'22"W N :n o 0 3 — 41193 - 8 0 4193' 7:71' S88'50'22"E LOT I LOT 5 6 DETAIL DRIVEWAY EASEMENT A SCALE 1" = 30' NORTH LOT 7 LOT 8 588'50'22"E 93 - • N8850'22"W voi DETAIL SIDEWALK EASEMENT B NOT TO SCALE NORTH DETAIL SIDEWALK EASEMENT D NOT TO SCALE NORTH 0 tn -S88'5 v 41.3' AN N885r 22"W LOT LOT 7 8 DETAIL DRIVEWAY EASEMENT B SCALE 1" = 30' NORTH City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington S87'35'5.33"0E 0' wl m I foo z I/ O 5. r0' N88'50 22' W LOT LOT 3 4 DETAIL SIDEWALK EASEMENT C NOT TO SCALE LOT 5 Pb 0 N8850_22 W DETAIL SIDEWALK EASEMENT A NOT TO SCALE NORTH SIM2"E 0'2 2"E 87'35'33" 27.50 - Q 1- U NORTH 81.95' 987'33'54"E LOT DETAIL LANDSCAPE EASEMENT NOT TO SCALE NORTH z // / i/72////21., 0 N DETAIL: EASEMENT LOCATIONS N F New Private 5' sidewalk easement (C) SEE DETAIL "SIDEWALK New Privote 24' driveway easement (A) for the benefit of Townhomes 1, 2, 5 and 6 SEE DETNIL "DRIVEWAY A" 10' NEW PRIVATE SANITARY - SEWER EASEMENT REC. #20150924001085 New Privote 5' sidewalk easement (A) for the III Ibenefit of Townhomes 5 1 II and 6 J SEE DETAIL "SIDEWALK A'1 ti 1 i 1 South 744th Street 3.50' I -2"E 6.50 587'35'33"E LOT 1 LOT 2 587'35'33"E 10 It LOT 3 New Privote 5' sidewalk easement (C) SEE DETAIL "SIDEWALK C" 0.1 alp; al n 10 LOT 4I • 1 LOT 15 LOT 7 LOT 8 I TRACT B: TEMPORARY RECREATION (2) TEMPORARY PARKING SPACES IIIII I.I.I i NORTH LINE OF THE SOUTH HALF OF LOT 3, BLOCK 2. ADAMS HOME TRACTS, VOL. 11/31 — S87'33'11 "E 268.09' _ -------- _ Seattle City Light Easement Rec. No. 20110420000543 288.73 —587'33'11"E "E NEW PRIVATE SANITARY SEWER EASEMENT NEW PRIVATE 5' SIDEWALK EASEMENT (iX?vu)z 111111111111 NEW TEMPORARY LANDSCAPE EASEMENT TRACT B TEMPORARY RECREATION NEW PRIVATE DRIVEWAY EASEMENT 10 Drainage Easement pe KC Rec. No. 6319966 N87'.3 54"W _J LOT 9 0' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 New Private 24' driveway easement (8) for the benefit of Townhomes 3. 4, 7 and 8 SEE DETAIL "DRIVEWAY B" New Private 5' sidewalk easement (8) for the benefit of Townhomes 7 and 8 SEE DETAIL "SIDEWALK B" 10' TEMPORARY LANDSCAPE EASEMENT SEE DETAIL "LANDSCAPE EASEMENT" -o--NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 GRAPHIC SCALE 120 ( Dt PEET) - t a " U0 Sr t ioah - 3 ft SHEET 3 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P5 Box 813. Boohoos!, VosMngtan 98062 <206) 242-6621 FAX <206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOS NO. 530/4 FIELD DATE 11/11/07 REVISED 11/11/15 CITY OF TUKWILA FILE NO. L14-0066 My of Tukwila 13.640nwld a Commwvy D.v.bpnl.r t 6300 a«Mno.ne.. Boulevard Tukwa WA 061613 T.I.Wkon. (206) 431.3070 FAX (206) 431.3665 TRACT NOTES" City of Tukwila Plat of Osterly Park Townhomes Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, PROPERTY NOTES TRACT A: INGRESS, EGRESS AND UTILITIES EASEMENT TRACT A IS A PRIVATE JOINT USE INGRESS. EGRESS, AND UTILITIES TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 9 AND FUTURE PHASES OF THE OSTERLY PARK TOWNSHOMES, AS APPROVED UNDER TUKWILA FILE NUMBERS L08-079 AND L12-0005. OWNERSHIP OF LOTS 1 THROUGH 9 OF THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT AND ANY UNDERLYING UTILITIES. OWNERSHIP. OPERATION AND MAINTENANCE OF TRACT A SHALL BE THE OSTERLY PARK TOWNHOMES OWNERS ASSOCIATION. DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS USTED UNDER THE DECLARATION OF CONVENTS, CONDITIONS. RESTRICTIONS. EASEMENTS AND AGREEMENTS FOR THE OSTERLY PARK TOWNHOMES UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION FOR TRACT A. AN INGRESS, EGRESS AND UTIUTIES EASEMENT: THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE). ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52" WEST 151.20 FEET; THENCE NORTH 87'33'54" WEST 30.01 FEET; NORTH 01'09'52" EAST 157.68 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'32" EAST, ALONG SAID MARGIN, 13.21 FEET; THENCE SOUTH 01'09'52" WEST 6.50 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'33" EAST, ALONG SAID MARGIN, 16.79 FEET TO THE POINT OF BEGINNING; SUBJECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET THEREOF; SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING NUMBER 6060692; SUBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER 6319966; SUBJECT TO AND TOGETHER WITH SEATTLE CITY UGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20110420000543; TOGETHER NAM AND SUBJECT TO A PUGET SOUND ENERGY EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20150129001483; SUBJECT TO AND TOGETHER VATH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 20131001001350; TOGETHER WATH AND SUBJECT TO A WATERLINE EASEMENT KC REC. NO. 20151007001218; OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT A RECORDED UNDER KING COUNTY RECORDING NUMBER SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION. TRACT B: TEMPORARY RECREATION TRACT OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT B SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION; LEGAL DESCRIPTION FOR TRACT B. A TEMPORARY RECREATION TRACT: THAT PORTON OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'52" WEST, ALONG THE WEST LINE OF SAID PLAT, 25.25 FEET ; THENCE SOUTH 87'33'54" EAST 51.94 FEET; THENCE NORTH 01'09'52" EAST 26.40 FEET; THENCE NORTH 88'50'22" WEST 51.92 FEET TO THE POINT OF BEGINNING. SUBJECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET THEREOF; DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER Range 4 East, W.M., in King County, Washington SIDEWALK EASEMENTS 1. THE UNIT LOTS ARE NOT SEPARATE BUILD ABLE LOTS, AND ADDITIONAL DEVELOPMENT ON THE INDIVIDUAL UNIT LOTS MAY BE LIMITED AS A RESULT OF THE APPLICATION OF DEVELOPMENT TO THE PARENT LOT. DEVELOPMENT SHALL BE PER THE APPROVED DESIGN REVIEW RECEIVED FROM THE CITY OF TUKWALA UNDER FILE NUMBERS L08-076 AND L12-005. 2. THE FOLLOWING CONDITIONS OF PRELIMINARY APPROVAL SHALL BE DEFERRED TO BUILDING PERMIT FOR INDIVIDUAL UNITS: A) CONSTRUCTION OF PERIMETER FENCE, RECREATION AREA, AND LANDSCAPING SHALL 8E DEFERRED TO THE BUILDING PERMITS. b) SCREENING OF THE INDIVIDUAL METERS, ELECTRICAL BOXES AND SIMILAR EQUIPMENT NECESSARY FOR PROJECT INFRASTRUCTURE SHALL BE RENEWED AS PART OF THE BUILDING PERMIT FOR EACH UNIT. DRIVEWAY EASEMENTS A. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 1. 2, 5 AND 6. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1, 2, 5 AND 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. 114-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'55" WEST, ALONG THE EAST LINE OF SAID LOT 2, 62.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'50'22" WEST 41.93 FEET; THENCE SOUTH 01'09'52" WEST 24.00 FEET; THENCE SOUTH 88'50'22" EAST 41.93 FEET TO THE EAST UNE OF SAID LOTS 2 AND 6; THENCE NORTH 01'09'52" EAST, ALONG SAID EAST LINE, 24.00 FEET TO THE TRUE POINT OF BEGINNING B. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 3, 4, 7 AND 8 FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 3, 4, 7 AND 8 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52 WEST, ALONG THE WEST LINE OF SAID LOT 3, 55.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88'50'22" EAST 41.93 FEET; THENCE SOUTH 01'09'38" WEST 24.00 FEET; THENCE NORTH 88'50'22" WEST 41.93 FEET TO THE WEST UNE OF SAID LOTS 3 AND 7; THENCE NORTH 01'09'52" EAST. ALONG SAID WEST LINE, 24.00 FEET TO THE TRUE POINT OF BEGINNING. TEMPORARY LANDSCAPE EASMENT TEMPORARY PRIVATE LANDSCAPE EASEMENT FOR THE BENEFIT OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA ALE NO. L14-0066. DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS. AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 9 AND TRACT A OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWLA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER CORNER OF LOT 9, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'38" WEST, ALONG THE EAST LINE OF SAID LOT, 20.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87'33'54" WEST 81.95 FEET TO THE WEST LINE OF SAID TRACT A; THENCE SOUTH 01'09'52" WEST, ALONG SAID WEST LINE, 10.00 FEET; THENCE SOUTH 87'33'54" EAST 81.95 FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH 01'09'38" EAST, ALONG SAID EAST LINE. 10.00 FEET TO THE TRUE POINT OF BEGINNING. A. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 5 AND 6. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOT 6 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. 114-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09'38" EAST. ALONG THE EAST LINE OF SAID LOT 6, 5.00 FEET; THENCE NORTH 88'50'22" WEST 24.92 FEET TO THE EAST LINE OF LOT 5, OSTERLY PARK; THENCE SOUTH 01'09'52" WEST, ALONG THE EAST LINE OF SAID LOT 5, 5.00 FEET; THENCE SOUTH 88'50'22" EAST. ALONG THE SOUTH UNE OF SAID LOT 6. 24.92 FEET TO THE EAST LINE OF SAID LOT 6 AND THE POINT OF BEGINNING. B. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 7 AND 8. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS. CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 7, 8 AND 9 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 01'09'52" EAST, ALONG THE WEST OF SAID LOT 7, 2.50 FEET; THENCE SOUTH 88'50'22" EAST 25.93 FEET TO THE WEST LINE OF LOT 8, OSTERLY PARK; THENCE SOUTH 01'09'38" WEST, ALONG THE EAST UNE OF SAID LOT 8 AND ITS PROJECTION SOUTHERLY, 5.00 FEET; THENCE NORTH 88'50'22" WEST 25.93 FEET TO THE EAST LINE OF SAID LOT 9; THENCE NORTH 01'09'52" EAST, ALONG SAID EAST LINE, 2.50 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7 AND 111E POINT OF BEGINNING. C. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 3 AND 4, FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 3 AND 4 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. 114-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 4, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE NORTH 87'35'33" WEST. ALONG THE NORTH OF SAID LOT 4, 27.50 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 01'09'38" WEST 20.59 FEET; THENCE NORTH 88'50'22" WEST 5.00 FEET; THENCE NORTH 01'09'38" EAST 20.70 FEET TO THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 87'35'33" EAST, ALONG THE NORTH LINE OF SAID LOTS, 5.00 FEET TO THE TRUE POINT OF BEGINNING. D. PRIVATE 5 FOOT SIDEWALK EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 1 AND 2. FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS. CONDITIONS. AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTION OF LOTS 1 AND 2 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE): THENCE NORTH 87'35'33" WEST, ALONG THE NORTH OF SAID LOT 1, 19.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'09'52" WEST 28.70 FEET; THENCE NORTH 88'50'22" WEST 5.00 FEET; THENCE NORTH 01'09'52" EAST 28.81 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 87'35'33" EAST, ALONG 186 NORTH LINE OF SAID LOTS, 5.00 FEET TO THE TRUE POINT OF BEGINNING. r -Dor SHEET 4 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PO box 813, Seohurst, Washington 98062 (206) 282-6621 FAX 1206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB N0. 530/4 FIELD DATE 11/11/07 REVISED 10/30/15 Dear City of Tukwila, Jack Pace, Bob Giberson DEC / 420 15 11(75‘4i SY, 4 ( PVBL Jc Rfr )/zr/2- RECeiv 50,4 0)/ I have been working on Osterly Park Townhomes now for several years and am close to getting the first four units (2 buildings) completed. I need the Final Subdivision recorded before I can do that and there is a requirement that I need a Bond for the landscaping, Picnic tables, and Sprinkler systems.V (Estimated at $25,000.00). Jaimie Reavis, the planner working on my project informed me of this. I ►\Z &. /1g spoke to the bank and my bonding company and they will not help me with this matter. With my 17C-9 limited resources, my wife and I have placed all available monies into the project possible and need to sell the first 4 units before we can do anything else and if we don't sell hem them the bank will come get them. As you may have seen it has taken 7 years of hard work just to get to this point and we are very proud of our project. Looking at the landscaping drawings, we will have 50 % of the landscaping g completed before these units can be sold, so the bond would have only covered the back 50 % of the lot. We are turning the building permit request in before the end of the year and we will start construction as soon as the first 4 units are sold, in this market that will not take long. It would be impossible to install the landscaping prior because of the nature of the construction itself, everything would be destroyed. I expect to have all units in and completed by June of 2016 including all landscaping. I hope you can help me; I will work out whatever I can to meet your requirements. If they would of allowed us to get a bond we would have been able to do that, but 25,000 cash is just not possible at this time. Thank You 1208//t/ 6 - Mike Overbeck Osterly Park Townhomes 0 iN June 19, 2015 Mr. Mike Overbeck 4620 S 148th Street Tukwila, WA 98168 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Re: Comments on final subdivision submittal – Osterlv ParkTownhomes (Tukwila file # L14- 0066), Dear Mr. Overbeck, We have completed a review of your application for a final subdivision. Below are comments from each department. Fire Department Comments 1) Add the assigned addresses and private street names to sub division documents. 2) The private road maintenance agreement between all lots should include a phrase on fire lane maintenance. Building Department Comments • No comments Public Works Department Comments ^ , 1. Survey monument which installation was missed under the Public Works permit shall be lam" installed in S 144th St @ the intersection with private access road ASAP. Please note that monument installation requires Public Works inspection. PW has notified the applicant already. , f 2. Modify DEDICATION paragraph by deleting "acceptance" in the last sentence. Clarify who is authorized to sign. It appears property is now owned by Julia Overbeck as her separate estate and S 44th St ROE and modify the signature block. \/3.Revise PW Directors Certificate. Legal description of the existing parcels 1 and 2 shall be modified to include previously recorded Seattle City Light Easement and Private Ingress, Egress, Storm System and Utilities Easement. See attached. 4. Add meet and bounds legal description of Tract A to the survey. 5. On sheet 2 of 3: ✓a) show and label SCL easement — j Q 4f i ( t' pu.+ of S(- QaS„c"^ - ✓6) show monument in S 144th St ✓c)LOT AND TRACT AREAS shall be updated to match existing lot numbering system on the survey map. JR Page 1 of 3 06/19/2015 H:\FinalSub_L14-0066_OsterlyPark Review Comments_6-12-2015.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 6. CC&R's a) has different " declarants" Osterly Park Townhomes, LLC on page 2 and 144th Street REO Partners, LLC.; Please clarify b) delete swimming pool in 7.3.6. on page 16 c) ARTICLE 9.1 (b) on page 21 calls for reciprocal appurtenant easement for encroachment, overhang between adjacent lots due to shifting, settling, etc Does it require a separate easement document? - I'S --fl ev/ (b afk ? d) NATIVE GROWTH PROTECTION AREAS 9.6 on page 23 - we do not have these in this project so it should be taken out. 7. See red -lines for additional comments. 03. Per City Attorney access easement recorded is not a valid easement and should be amended to include the following clause: " It is the intent of the Grantor that this agreement shall not be extinguished by the doctrine of merger. See attached sample. -- 9VdZ�+ (it `lam `S d gr 1-07,764ercetlp ci 9. Survey monuments are required to mark the property corners of ealotTi, w fk c.c+ s Powitte 41? adds-, Ss f tz _s camp:1.044 ? (� h a ,� ���I c wti Planninci Department Comments ` --� "1. Add a note to the plat stating the fact that unit lots are not separate buildable lots, and additional development on the individual unit lots may be limited as a result of the application of development standards to the parent lot. Tukwila file number L14-0066 to all sheets of the subdivision plat. ‘i4 Per TMC 17.04.060, the certificate bearing the printed names of all persons having interest in the subdivided land shall include a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and / maintenance of public facilities and public property within the subdivision. v 4. Revise lot numbers on survey sheets to be consistent with new number system (starting with 1) - see redlines. cyA plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days. ,h.� • 6. Also, please note that the following conditions of preliminary approval shall be deferred to building permit for individual units: a) Construction of perimeter fence, recreation area, and landscaping shall be deferred to the building permits. b) Screening of individual meters, electrical boxes and similar equipment necessary for project infrastructure shall be reviewed as part of the building permit for each unit. /7. Tract A is noted as jointly owned by all the parcels, however Tract D is noted as owned by home owners' association. Everything should be owned by the homeowners association. ✓8. Please revise the note #1 and #2. See Public Works comments on Tract A easement language as noted above. In addition driveway easements for each cluster of four Tots are noted on the plan, but the lot numbering is incorrect. A. Also, the maintenance responsibilities of the driveway should be addressed. 9. CCR's should reflect the phase 1 and phase 2 scenarios. For instance if only Phase 1 is constructed then maintenance is shared by only those Tots that are part of Phase 1. Also, Tract D temp recreation tract should be addressed. Page 2 of 3 06/19/2015 10 Provide a written response to all the conditions of approval of the preliminary approval and how those have been met. ✓11. Provide a written response to code criteria for approval of phasing plan (SeeTMC 17.14.040 below). TMC 17.14.040 Phasing The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. 2. The sequence and timing of development is identified on a map. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. 5. All phases shall be recorded within the five-year life of the preliminary plat, unless an extension is granted. If you have any questions, you can reach me at 206-431-3685. Sincerely, Minnie Dhaliwal Planning Supervisor Page 3 of 3 06/19/2015 • FORM C3 - WATER EASEMENT • • • Project Name: EASEMENT FO 8 WATER MAINS . .... - Recording Requested By And Whin ReCofiled...MaitTo .King CoOnty.Watet,District No.125 S 1481'St, SuitellO Tukwila, WA 913160 DOCUMENT TITLE: . , EASEMENT FOR WATER LINES REFERENCE NUMBER OF RELATED DOCUMENT: Not?pi/cable GRANTOR(S): /i4''4Z 4., wee) zi/7/7..el ADDITIONAL GRANTORS ON PAGE OF DOCUMENT h.F.d r 7Y c4/1);Wiy•>' . GRANTEE(S): • /* King.CaUnty Waster District No. 125 DISTRICT ADDMONAL GRANTEES:ON PAGE AV::OF DOCUMENT ABBREVIATED LEGAL DESCRIPTiON::: ASSESSOR'S TAX / PARCEL NUMBER(S)' • 44)e4:3 Af4eEts51,77151.(4 WAT 0E JR LLINES A(' • • . . The . undersigned. odzoozy (Grantor), fat arid in consideration of good and valuable consideration; the repeipt arid.,:adeguacY of.Which are hetebiacknowledged, hereby grants, conveys and warrants to King County Water District No. 125, a municipal corporation In King County, Washington ,(Grantee"), and its .-Successora and assigns, a permanent easement for water lintaingiUding water lines and . . appurtenances thereto rEasernanr) as follows: . , 1. Nature and Lobation of Easement. Grantor owns that certain tea] property legal(Y desonbed lnExhIblt W, attached hereto and incorporated herein by this reference (the 'Real Property), The granted by Grantor herein shall be a permanent easement for the benefit. Of Grantee over, upon, across, through and under a portion of the Real Property such Easement as legally de0dribed on Exhibit '13and as described and depicted on Exhibit "C",attached hereto and incorporated herein by this reference, for the purposes of installing, laying, constructing, installing, maintaining, inspecting, repairing, removing replacing, reneiwIng;using.and.operatIng water finest:together with air facilities, connectors and appurtenances Mater Lines"), including the right Ofingress and egress thereto for said purposes. 2. • Right of Entry. Grantee shall.,,have' the right, Without notice and without prior institution of any suit or proceeding at Cr !gutty", at 011 times as may be necessary to enter upon the Real Property to Install', lay, construct.inaintalri, insPect, repair, remove, replace,. renew, use and operate the Water Lines for the purposes of serving the Real Property and other properties with utility service :: Grantee dgreias to restore the Easement as nearly as reasonablypossible to its condition prior.tO any material disturbance from • construction, operation, maintenance, repair, or replacement of ,the Water tines:. . . • . 3. gncroachment/Co nstructi on Activity. Grantorshall not undertake, authorize, permit or consent to any construction or excavation including, without limitation, digging, tunneling, or other forms of construction activity on or near the Easement which•might in any :fashion .unearth, undermine, or damage the Water Lines or endanger the lateral or other support of the Water Lines without Grantee's prior written approval. Grantor further agrees that no .structure or obstruction including, without -limitation, fences, retaining walls and rockeries shall be erected over, upon or within the Easement, and no trees, bushes or other shrubbery shall be planted or maintained within the Easement, provided Grantor may use the sOfgei of theReal Property within the Easement so long as such use does not interfere with, the Easement.or the;: Water Lines. :: Biridina EffectMlarrenty of Title:. The Easement and the covenants, terms end conditions contained' herein sre.:intended to:and shall run with the Real Property and shall* be bindingupon, Grantee ;ant;Grantor'and their respective successors, heirs and assigns. Grantor warrants that Granter, has fee titte:to�the Real Property and warrants the Grantee title to end: quiet enjoyment of the Easement. 5. Recording. Upon its execution,, the Easement shall be recorded with the Department of Records and Medians:King' Cot nty,,Washington:._ DATED this ' daYoi-'.'' By By . (Printar type name(s)) Its ITA.AWE-EJ.: /¢¢?y57REErCPEO, LLC,AAfie rJ.exic0:2rr:.je-� (Print or type position held) L 1;9"7/ 217I.,.Y'/1�PAN 1/ GRANTO S) STATE OF WASHINGTON . ) )ss. .COUNTY" OF KING J certify that I know or have satisfactory evidence that /11 f C ( A/W -beck is the person Who appeared .:before me, and • said person acknowledged that he/she signed this instrument and :ackrtioawleineAtobehiSThar free and voluntary act, for the uses end purposes mentioned in the instrument N�� O` Wt tI-AND SWORN to before me this . 2- day of df h�ht� Ze is7 zv.... oo •oN:Eke••. :0 NOtP cer•: :• z 0,004r• : .„. EXHISIT ?A" ' •.::. LEGAL DE$CRIPTION OF GRANTOR PROPERTIES .• •... PN 004000.0088 THE EAST 6e. is FEET OF LOT 4, BLOCK 2, ADAMS HOMBIRACTS; ATDOORDING TO THE PLAT THEREOF, RECORDED IN VOWME ;I OP PLATS, PAGE 31,-INTONEff:COONTY, WASHINGTON. EXCEPT THE NORTH 3 5 FEET ThEREQP AS:COCONVEYED TO The Ott OF TUKWILA BY DEEP RECORDED UNDER KING COUNTY RECORDING NUMBER 200.6040000267. SITUATE IN THE CITY OF TuxwriA, OcrOcrirsintiaN,STA/L23F,WASHINGTON. PN: .004000)094 , ' : :• • •.:' LOT 3:- IN BLOCK 2 OF ADAMS HOME TRACTS, AS Pr..ECRLATT:RF-CORDED IN VOLOME 11 OF PLATS, ..:' PAGE 31, RECOF:1DS OF KING CiX4NTY AUDITOR; • ' ' •: ' •••• ' .: - -.... ..... • -,.. . . . .. .• • • . • , . . . .. DCCEPTTHE EASTBO'FEET THEREOF; - . • '.::.:.... ..: „:. • • AND EXCEPT THE NQRTH 10 FEET THEREOF CONVEYED TOIGNS COUNTY FOR.ROAD PURPOSES .:: BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692 .. . SITUATE IN THE CTTY OF iviatiruk OMIT OR fraGASTATE,OP WASHINGTON. . . • EXHIBIT,W" LEGAL DESCRIPTION OF EASEMENT FOR WATER MAINS ;. , ThE EAST.t3.21 FEET'OF T e FOL OWING DESCRIBED PARCEL: THE:EASSTT 65:15 FEET OF LOT 4, BLOCK: 2, ADA?48 «OME'tRACIS, ACCORDING TO THE PLAT THEREOF, RECORDED 1N V.OI:UME:1103F PLATS, PA sG 31, rNliglio COUNTY, WASHINGTON. EXCEPT. THE NORTH 3.5 FEET THER OF:+ IS CONVEI'ED TO THE`itSTY•OF TUKWILA BY DEED RECORDED UNDER KING COUNTY` RECORDING NUMBER 201500000267. SITUATE IN;THE CITY OP •Tv1RWXLA, OOK1NV' Y OinkilY#S4OF WASHINGTON. TOGETHER WITH THE WEST 16:7 9::FEET OF THE N'ORTH:199.87.FEET TOGETHER WITH THE REMAINING NORTH' 10 00 EET::OF`+;THE;:` '` FOLLOWING DESCRIBED PARCEL;.,:.:.,:: .. WT SIN BLOCK 2 OF ADAMS HOME -TRACTS, AS P ': D 3NVGLOME 11 OF PUTTS, ,PAGE•.31,.RECORDS OF -KING WtJN' Y'AUDr7ORi ' EXCEPT. XCEP THE:EAST 60 FEET THEREOF, • AND,EXOET THE NORTH 10 FEET THEREOF CONVEYED TO.K GCCUN1Y FOR ROAD PURPOSES BY GEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692:'••.. '..• SITUATE IN THE CT{l' pit:'*itommat, COUNTY. OUN otiail{lL. A1EOF WASHINGTON. • TASPOENT MAP A • . lANCH ,40 -FEET • • • • . •:: I • , r 3.5* ormoti to vto City e iWiwia Roo. MO50610000287 South 144th Street iior WWI° 14873513r W (o) Nararsrw (m) J Rio. P061 1.-••2107.611 ... --1...--... .....N. ... i . o • . . J — ..... I -r, : 7 .;-_-,.• =- — — —*-155,151— ..... ....... — —r-- , 1 s, tr aft fetes la 0.31 north _ seat a Not robor wiec. lat • I . ; . t it38.91- 26 1 ••••••••••••• ..•••••••••••,{ FSS AND UTILITIES TRA CT ; N 244.70Y s I Pi , • • • ,......— •• •••• ...a.. •• • • • • .... •••••••••••• r WO. • MOM.11•11. 7 5 .1 1 • - Rz 4( zec.701- 4,0 ' A / ? 7. it . ) 13 1 • I '7 • •••••-• • . • - FORM;C4. •• MAINTENANCE BOND FOR DEVELOPER WATER EXTENSIONS King CountyWater District No. 125 3460 S 14•' St, Suite 110 Tukwila,:WA, 9$168 MAINTENANCE BOND STATE OF WASHINGTON COUNTY OF:.KING /14'& STREET SPED, L L G A �i X/tea KNOW ALL BY THESE PRESENTS:.That wa' /VEW L//7'4". ./49/4'Y '7'j Cri9!>>'.°A,v as Principal and: a Corporation organized and existing kinder and by virtue or the laws of as surety, are held and firmly bound unto King County Water Dlstrlct No. 125,,as obligee In the surrt'of ($.-,' ''',, ) Dollars, for the'•payment of which,,: welt and, truly to be made,' said Principaand surety bind themselves, executors;: administrators'successors:and`:assigns,jointly and severally by these presents. WHEREAS, the said Principal has entered into a certain D•eveloper Extension Agreement with'the obligee dated the • day of • , 2 `, , for the: construction and acceptance of.`a water line and/or sewer lines for the project known as • NOW, THEREFORE; the condition of this obligation is such that; if `the Principal shall maintain and:ren}edy said work free from defects and materials and workmanship as more fully set forth in paragraphs A2, A3, B2 and B3, of the agreement referenced above for a period of polo (2) veers following corripietfon end acceptance by the District, then this obligation shall be void; otherwise it shali: remain in,fulf force and effect....... Signed, sealed. and datedf this j6".: day of .: o4' 6er-- , 2 ‘21.5-: • MANAiEZ /4QrN 57,P�. F Pnncipaf 1�7i�. ,¢ L A OVE "PCE IPJ D LLL, A NEW, ;, ' .,: Authorized S' nature, /1�1 /v/E- v/ X/l. "D. L//I / 7E4 Mailing Address VO4` f / a Sf- • �'/L /7.7 /'4/'JPANY .Surety . Mailing Address Attorney in Fact . • (Attach. Power af.Attomey) • FORM. C5 - APPLICATION FOR REIMBURSEMENT AGREEMENT KING COUNTY WATER DISTRICT NO. 125 APPLICATION FOR REIMBURSEMENT AGREEMENT FOR WATER FACIUUES /1 z, ST/1c-7,P 0,, LLC , A NSW /./EX /eD L/lf/7Ed The undersigned • L/ �JLJ-Y14Q•r»A/1Y (Applicant") hereby applies to King County Water District No.•.125.fir a; Raimbursen' ent,Agreement pursuant to RCW 57.22.020, or as amended, and pursuant to the Developer Exterislon Agreement exccused:by Applicant and District on 200 ('Agreemenr),; THIS AGREEMENT MUST BE SUBMITTED TO THE DISTRICT WITHIN THIRTY (30) DAYS OF •THE DISTRICT'S • ACCEPTANCE OF •THE .EXTENSION FACILITIES • CONSTRUCTED :PURSUANT TO THE ABOVE=REPERENGED,AGREEMENT. Name of Applicant:. -(4/74 A•S ABDt/.E Name of Project: /4 S7ERLY PAte ? Ti?1+9.V .• Y ft/E5. e. /4S5 Z Description of Project or project ortiorr-for..which reimbu�e tnerit isiequested: AIC. Pd,eri�ivs �',c ABaY A:sE . .. e. Non-refundable fee In the amount of $1,000.00 must accompany this Application, orAppllcation will not be accepted by District The applicant will be billed for the actual costs to set -tip -the Agreement. • APPLICANT: Dated: ,6Z 2/.• WP//;95.`2 : Alotr. '7,7`L r F54i C LCA .€I A<,6X/r4 • Name: /"// t'//h' L D. DVE?13F7'k' Address: Wt;70 S Mr" 41 • - TUk.W,f4. WA 9g1621 Telephone: 21k 787 o�S�9 Jaimie Reavis From: Jaimie Reavis Sent: Friday, October 09, 2015 10:14 AM To: Mike Overbeck Subject: additional comments Hi Mike, I just realized there are a couple of additional comments I have for you that are not in the letter I sent yesterday: 1. Check with Water District 125 to find out what requirements they have related to the irrigation system, including installation and maintenance. 2. Exhibit B in the CC&Rs does not match the boundaries of Tract B. 3. Common areas shown in Exhibit B shall match the definition of Common Areas in the definitions section of the CC&Rs, and should include Tract A and Tract B. 4. The actual easements that have been recorded, and will be recorded with the plat map, should be listed in the CC&Rs. You don't need the legal descriptions, but just the type of easement and the recording number. If the easement won't have a separate recording number because it will be recorded as part of the plat map, reference the plat. Jaimie Reavis Senior Planner l City of Tukwila 6300 Southcenter Blvd, Suite 1001 Tukwila, WA 98188 ph: (206) 431-36591fx: (206) 431-3665 Jaimie.Reavis@TukwilaWA.gov 1 www.tukwilawa.gov The City of opportunity, the community of choice. 1 v. Cke_c_\LX.sk City of Tukwila Department of Community Development October 8, 2015 Mr. Mike Overbeck 4620 S. 148th Street Tukwila, WA 98168 Jim IHaggerton, Mayor Jack Pace, Director Re: Comment letter #2 on final subdivision submittal — Osterly Park Townhomes (Tukwila file #L14-0066) Dear Mr. Overbeck, We have completed a review of your application for final subdivision. Below are comments from each department. Fire Department • No comments Building Department • No comments Public Works Department 1) Sheet 3 of 4 needs to show the full area of the Seattle City Light recorded easement. This easemen extends to the north 20ft of the south half of lot 3. Please label lot 3 — see lot number in orange are below from Assessor's Map. iti,- d r CL - Page 1# Ay,/ r ( Rescind the previously recorded easement rec # 20131001001350. See attached sample of a rescinded easement. Include a statement in the rescinded document saying the recorded plat will include language associated with Tract A outlining ingress/egress and utilities rights and responsibilities. See sample...we can work with you to come up with whereas clauses similar to what's shown on sheet 2 of the attached sample. 3) CC&Rs shall include a detailed SD maintenance plan. Please review recommendations from the •' manufacturer and see attached sample. 1 r,� �. ff 1+ '- ' ' An easement shall be recorded for Water District #125. The easement recording number shall be e ,,� referenced on the plat map. a ;\ 42* -ki sahb; 91 itAbwwwfi Iltau uQ� %4iW-c - j6 - fQ " — — JL0i, w r (4 - c after414.1- Planning Department zpl Bond (3)A bond will need to be submitted for 150% of the cost of Phase I landscaping, irrigation, recreation area, and lighting. Provide a cost estimate for our review with resubmittal materials. The cost estimate shall include cost of materials and construction. GigtV,, ,,1Srv1 pI4s Survey General Comments Applicable to all Sheets / 1) All survey sheets: remove the City email address in the block at the upper left hand 1>,n / corner of the survey sheets. �/ 2) Revise the order of sheet numbering to have the survey as Sheet 2 (instead of Sheet 3). See redlined plans and below for the new sheet order/numbering: Sheet 1: Title/signatures sheet Sheet 2: Survey Sheet 3: Easement detail Sheet 4: Tracts and easements to be recorded as part of the survey — these should include legal descriptions and references to CC&Rs for maintenance details. Property notes can be included here as well. Sheet 1 11) Reference Title 17 in the Public Works Director's Certificate....change from "All improvements have been installed in accordance with the requirements of this title" to " the requirements of Tukwila Municipal Code Title 17". 2) Correct typo under Public Works Director's Certificate -see copy of survey for redline. Correct typo under "Damage Waiver"- see copy of survey for redline. Tb✓\Q�— ,,, 4) Revise "Land Surveyor's Certificate" to match TMC 17.04.060, which requires a certificate with the seal of and signature of the surveyor responsible for the survey and final plat with the following statement: `7, 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, courses and angles are shown thereon correctly; and that monuments other than those monuments Page 2 of 4 10/08/2015 approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat." ' 5) Change the heading for the legal descriptions to "Existing Legal Descriptions" `) ✓� P� Sheet 2 (existing numbering) 1) The "Property Notes'" should be revised to only include notes 4 and 5 (renumbered to start with 1). /a. Note 1 should be moved to be note underneath the legal description for Tract A. Tract A will be recorded as part of the plat map. The note under Tract A shall be revised to say something like "Tract A is a private joint use ingress, egress and utilities tract for the benefit of the owners of lots 1 through 9 and future phases of the Osterly Park Townhomes as approved under Tukwila file numbers L08- 079 and L12-005. Ownership of lots 1 through 9 of this plat includes an equal and undivided responsibility for the maintenance of said tract and any underlying utilities. Ownership, operation and maintenance of Tract A shall be the Osterly Park Townhomes Homeowners Association. Detailed maintenance responsibilities shall be as listed under the Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes, under King County recording number b. Note 2 should be included as a note underneath the legal description for Tract B. Tract B will also be recorded with the plat and so it will not have its own recording number. It should be revised to say something like "Ownership, operation and maintenance of Tract B shall be the Osterly Park Townhomes J' j3) Homeowners Association. Detailed maintenance responsibilities shall be as listed under the Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes, under King County recording number Note 3 can be deleted if maintenance responsibility is outlined in the sewer easement language. 1 d. Add the following to the end of Note 4: "Development shall be per the approved Design Review from the City of Tukwila." Tract A (add "Ingress, Egress, and Utilities" after the heading to describe the purpose): -- see redlined plan sheet. Include information, similar to what's included for the tracts, for easements that will not be recorded under separate documents, including the Driveway Easements, Sidewalk Easements, and the Temporary Landscape Easement. Each of these areas should include a legal description and a note to "See CC&Rs under King County recording number for maintenance responsibilities." Sheet 3 and Sheet 4 / 1) Revise the note on Sheet 3 for the monument that has been installed in 5. 144th Street. since monument has been installed and does not need to be "set". —1:_) l ' \ v\ s VA vA-C,N) 1 s c-4-3` -- to . w\Ca+7 L-)''' tie-.-" Page 3 of 4 10/08/2015 2) Under Lot and TractAreas on Sheet 3, remove the + symbols./L\-5 lS Gt VI, I (' c•-' heet 3 of 4 should include the existing parcel lines within Phase 2, shown as dashed lines like other property lines shown for adjacent areas to the east and west of the `�— project site. The full extent of the Seattle City Light easement should also be included,%' showing where it is in, relation to existing parcel lines.j,b �,;.:�^ + , : . N/4) The driveway easements are labeled "A" and "D". Please change the label for the shared driveway area for lot 3, 4, 7, and 8 to be "driveway easement B" on Sheets 3 and 4, instead of driveway easement D, to have a consecutive numbering system for the shared driveway areas. The sidewalk easements are fabled "C" and "E". The sidewalk labeled "C" for Tots 5-6 can stay as -is, but the one labeled "E" for lots 7-8 should be changed to sidewalk easement "D". This numbering system combines the driveway easements and sidewalk easements together....you could also just keep them separate and start the sidewalk easements with "A" for lots 5-6 and "B" for lots 7-8. Whichever numbering system you choose will need to be consistent on all sheets of the survey and / in the CC&Rs. J 5) On Sheet 4, the shading pattern for the driveway easements is the same as for the private sidewalk easement: areas. Please use a different shading pattern for the ( \\,) driveway easement areas on the detail showing easement locations, and include the 1new shading pattern as a symbol in the legend. 6) The easements listed under Property Notes on Sheet 4 should be shown graphically . '3 Include all easements and recording numbers on sheets 3 and 4, including easements from Water District #125 and Puget Sound Energy."yam' emove structures arid trees fcom t AS ILT CONDITIONS 08/13/08 on Sheet 4. sf Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes 1) Remove Phase 11 information and exhibits from the CC&Rs. It will be cleaner to leave this out for now, and then amend the CC&Rs when you come in for final approval of Phase 11. See comments and suggested changes in the marked -up copy of the CC&Rs. 2) Questions and suggested edits have been made to the Word version of this document. Please be sure that the lot numbering matches the new numbering shown on the survey map. 3) Exhibit B is a description of Common Areas, but only includes Tract B. Tract A should also be included. 4) Article 9 includes easements which are not be shown on the plat map. Is easement the correct term for these agreements? Please research and revise as necessary. 5) Change labeling of exhibits to have driveway easements/vehicular access areas together, or remove them from the exhibits since they will be recorded as part of the plat map. The information in the CC&Rs should include details on maintenance activities and maintenance responsibilities for the shared vehicular access areas. Page 4 of 4 10/08/2015 .11 i5 k'qV /t4 1 w) a.iJ referenced on the plat map. lein1k.Cl /�'l 'L.F4t'� s ����� '� L:f •19 is lia ►. aCory wI s�� �csiPtf fit- . fi* an y Cil / , k — g .doh if - City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director October 2, 2015 Mr. Mike Overbeck 4620 S. 148th Street Tukwila, WA 98168 Re: Comment letter #2 on final subdivision submittal - Osterly Park Townhomes (Tukwila file #L14-0066) Dear Mr. Overbeck, We have completed a review of your application for final subdivision. Below are comments from each department. Fire Department • No comments Building Department • No comments Public Works Department 1) Sheet 3 of 4 needs to show the full area of the Seattle City Light recorded easement. This easement extends to the north 20ft of the south half of lot 3. Please label lot 3 - see highlighted Assessor's 1/122,_ 2) Rescind the previously recorded easement rec # 20131001001350, and record a new one. See attached sample of a rescinded easement. -€.t g�1 ottaCH 0(GYdec.Q '►v tk fp v2 3) CC&Rs shall include a detailed SD maintenance plan. Please review recommendations from°Sw✓t (,taaSielS manufacturer and see attached sam le. VeS Acese II p or �U1v/{ Get,,K� 4) An easement shall be recorded for Water District #125. The easement recording number shall be(",),>t.f;vistem ti �i�"`" Planning Department e�`+" �S ' -6 f �GQQ access -lc f,,e,rve SAW Gyve byr"f Bond 1) A bond will need to be submitted for 150% of the cost of Phase I landscaping, irrigation, recreation area, and lighting. Provide a cost estimate for our review with resubmittal materials. The cost estimate shall include cost of materials and construction. T vl r -e tiv idt tozorn, s474--€ ittA y (g -e Y-eCY4J kS O+ f -Oat Page 1 Survey General Comments Applicable to all Sheets 1) All survey sheets: remove the City email address in the block at the upper left hand corner of the survey sheets. ✓, GOtteld FIWjA 2) Revise the order of sheet numbering,,t below for the new sheet order/numbering: Sheet 1: Title/signatures sheet Sheet 2: Survey Sheet 3: Easement detail Sheet 4: Tracts and easements to be recorded as part of the survey - these should include legal descriptions and references to CC&Rs for maintenance details. Property notes can be included here as well. Sheet 1 1) Revise "Public Works Director's Certificate" to include sewage and water systems, per 17.04.06 1. A statement to be si approving the survey data, the layout of the stree -, . s and other rights-of-way, design of bridges, - - .systems, drainage systems and other structures. 2) Reference Title 17 in the Public Works Director's Certificate....change from "All improvements have been installed in accordance with the requirements of this title" to " the requirements of Tukwila Municipal Code Title 17". 3) Correct typo under Public Works Director's Certificate -see copy of survey for redline. 4) Correct typo under "Damage Waiver"- see copy of survey for redline. 5) Revise "Land Surveyor's Certificate" to match TMC 17.04.060, which requires a certificate with the seal of and signature of the surveyor responsible for the survey and final plat with the following statement: "7, registered as a land surveyor by the State of Washington, certify that this pat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown thereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat." 6) Change the heading for the legal descriptions to "Existing Legal Descriptions" Sheet 2 (existing numbering) 1) The "Property Notes" should be revised to only include notes 4 and 5 (renumbered to start with 1). a. Note 1 should be included as a note underneath the legal description for Tract A. Tract A will be recorded as part of the plat map. W-e-as9a,,,e4 t -the -spate ,kt5 f —r ,r g�vmfier-vaifl-fie-fer Yom,•, ����« ^^� "*;��r�p� Pm�nt, after -1,� t�� sentences of the note under Tract A shall be revised to say something like Page 2 of 4 10/02/2015 " rr "Ownership, operation and maintenance of Tract A shall be the Osterly Park Townhomes Homeowners Association. Detailed maintenance responsibilities shall be as listed under the Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes, recorded under b. Note 2 should be included as a note underneath the legal description for Tract B. Tract B will also be recorded with the plat and so it will not have its own recording number. It should be revised to say something like "Ownership, operation and maintenance of Tract B shall be the Osterly Park Townhomes Homeowners Association. Detailed maintenance responsibilities shall be as listed under the Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes, recorded under c. Note 3 can be deleted if maintenance responsibility is outlined in the sewer easement language. .' d. "Development shall be per the approved Design Review from the City of Tukwila." 2) Tract A (add "Ingress, Egress, and Utilities" after the heading to describe the purpose) 3) Include information similar to the tracts for easements that will not be recorded under separate documents, including the Driveway Easements, Sidewalk Easements, and the Temporary Landscape Easement. Each of these areas should include a legal description and a note to "See CC&Rs recorded under for maintenance responsibilities." The driveway easements and sidewalk easements should be renumbered to be consecutive. Related documents which refer to these easements will also need to be updated with the new labels. Sheet 3 and Sheet 4 1) Revise the note on Sheet 3 for the monument that has been installed in S. 144th Street since monument has been installed and does not need to be "set". 2) Under Lot and Tract Areas on Sheet 3, remove the + symbols. 3) Sheet 3 of 4 should include the existing parcel lines within Phase 2, shown as dashed lines like other property lines shown for adjacent areas to the east and west of the project site. The full extent of the Seattle City Light easement should also be included, showing how it is located in relation to existing parcel lines. The driveway easements are labeled "A" and "D". Please change the label for the shared driveway area for lot 3, 4, 7, and 8 to be "driveway easement B" on Sheets 3 and 4, instead of driveway easement D, to have a consecutive numbering system for the shared driveway areas. 5) On Sheet 4, the shading pattern for the driveway easements is the same as for the private sidewalk easement areas. Please use a different shading pattern for the driveway easement areas on the detail showing easement locations, and include the new shading pattern as a symbol in the legend. Page 3 of 4 10/02/2015 6) The easements listed under Property Notes on Sheet 4 should be shown graphically, if possible. 7) Include all easements and recording numbers on sheets 3 and 4, including easements from Water District #125 and Puget Sound Energy. 8) Remove structures and trees from the ASBUILT CONDITIONS 08/13/08 on Sheet 4. Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes 1) Remove Phase 11 information from the CC&Rs. It will be cleaner to leave this out for now, and then amend the CC&Rs when you come in for final approval of Phase II. See comments and suggested changes in the marked -up copy of the CC&Rs. 2) Questions and suggested edits have been made to the Word version of this document. Please be sure that the lot numbering matches the new numbering shown on the survey map. 3) Exhibit B is a description of Common Areas, but only includes Tract B. Tract A should also be included. 4) Article 9 includes easements which will not be shown on the plat map. Is easement the correct term for these agreements? ot)6te-t ettsemtuAd3 5y'( tG( i js\-.q',QJ c ' 5) Change labeling of exhibits to have driveway easements/vehicular access areas \It5V ut,Kpi1z1tA' - together, or remove them from the exhibits since they will be recorded as part of the vQy 4.5 &Aikk1 plat map. The information in the CC&Rs should include details on maintenance activities and maintenance responsibilities for the shared vehicular access areas. J414L445itml tik (crei~ .9,16evike+ tui(0 6.-cfs' -3 + 4 115 I h C y't5 iSfi-\ w j 41esaleataz �wl�.--- ect�wvi- e(teStp sic 4 10 �t /r wt,iA4S 1 ort oy-1 571 3cL is ‘ b fi E'41164- B Cc iTis doevi`-/- 144/A-izil lxvitchwi s , Cewtrnern al-euS 514 6-W / w E d1 ib 13 5114.,! I , )Agft4 plutfai ebbro bun ist to-woory, Alas iki *ct"\A p - cc-Hz-s,toA ;'i v&-. '-f- A Ewtd 1rlecf B 4 C.ik.taj tv1 rZ4 evt P.uiWimac.e.. Page 4 of 4 10/02/2015 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwlle Department of Community Development 6300 Southoenter Boulevard, Tukwila, WA 98188 Telephone (206) 4313670 FAX (208) 4314665 E-mail: tukplanatukwlla.wa.us DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington TUKWILA APPROVALS KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON(S) OR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER % I CERTIFY THAT FOLLOWING; / A. ALL IMPROVEMENTS HAVE BEEN INSTALLED IN ACCORDANCE WITH THE V REQUIREMENTS DF THIS TITLE AND WITH THE PRELIMINARY PLAT APPROVAL, HAT RIGINAL AND REPRODUCIBLE MYLAR DR ELECTRONIC RECORDS IN A FORMAT APPROVED BY PUBLIC WORKS AND MEETING CURRENT PUBLIC WORKS DRAWING STANDARDS FOIR ROAD, UTILITY AND DRAINAGE CONSTRUCTIIIN PLANS CERTIFIED BY THE DESIGNING ENGINEER AS BEING 'AS CONSTRUCTED' HAVE BEEN SUBMITTED FOR CITY RECORDS, PUBLIC WORKS DIRECTOR'S CERTIFICATE I HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS-OF-WAY, DESIGN OF DRAINAGE SYSTEMS AND OTHER STRUCTURES. 4- v.plw4.6- rvt t tt 1fr C, D&(.06.O(,I3, I) THE SUBDIVIDER HAS COMPLIED WITH ONE OF THE IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF , 20___ 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES DAMAGE WAIVER PER TMC 17.04.060 THE FOLLOWING PERSONS OR CORPORATIONS HAVING AN INTEREST IN THE SUBDIVIDED LAND WAIVE BY THEM AND THEIR SUCCESSORS ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBLIC FACILITIES ANG-' -Wd81.4C-FAOltlaiE& AND PUBLIC PROPERTY WITHIN THE SUBDIVISION: 144TH ST. REO PARTNERS, LLC ANEW MEXICO LIMITED LIABLILTY COMPANY 1/43.\\:-/ RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 20_ AT M. IN BOOK OF AT PAGE AT THE REQUEST OF MCR SUPT. OF RECORDS B. AN AGREEMENT AND BOND OR OTHER FINANCIAL SECURITY HAVE BEEN EXECUTED IN ACCORDANCE WITH SECTION 17.24.030 OF THIS TITLE SUFFICIENT TO ASSURE COMPLETION OF REQUIRED IMPROVEMENTS AND CONSTRUCTION PLANS. EXAMINED AND APPROVED BY THE CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS THIS DAY OF , 20____ DIRECTOR CITY OF TUKWILA TREASUR R'S CERTIFICATE 1 HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS. AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS DAY OF FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS__ DAY OF . 20 ___ MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY TREASURER'S CERTTFK:ATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FUL!. THIS DAY OF , 20_ . KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS DAY OF , 20 . KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 a 0 c SITE ] SOUTH 144TH STREET SOUTH 146TH STREET VICINITY NOT TO SCALE T,ti(`1 LEGAL DESCRIPTIONS PARCEL 1 - TAX LOT 0040000088 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM ANO UTILITIES EASEMENT KC REC. NO. 20131001001350; SUBJECT TO A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483. PARCEL 2 - TAX LOT 0040000094 LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27. 1966, UNDER RECORDING NUMBER 6060692; SUBJECT TO A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 201 31 001 001 350; TOGETHER WITH A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483. LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 22, TOWNSHIP i'3 NUR IH, RANGE 4 I -'.AST, 1./.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTL ' THEREON; THAT THE MDl"1MENTS WILL BE SET AND _THE LOT AND BL)L K CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS SON : I. 1M' *MI - D THAT I HAVE FULLY C PLIED -WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO.23604 `nn lS does go t mac it "fa- I'1. c y , t 6,o (a, RECEIVED SEP 0 2615 Commun 'y Development RIR sEER 02;g#15 DCA '(Frt 00 SHEET 1 OF 4 SCHR©ETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Seahurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 10/10/14 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 6300 Southcenter Boulevard. Tukwila, WA 98188 Telephone (206)431-3670 FAX (206) 431-3665 Found 2" brass disk -w/"X" in concrete in cose - 11/11/07 30' City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 3.5' conveyed to the City of Tukwila Rec. #20050518000267 N87'35'33" W (c) N87.35'52"W (m) South 744th Street IM North lend 4' chain Zink fence is 0.3' north & 0.9' east of set rebar w/cap n Set concrete monument in case 11S \-+80}A.ifl-f (QG.�onihe northerly projection of the / �(l9 °'.centerline of 5.. 1144th St. - 7/15 065,- 1 to LA(aa centerline of S4 A with the / yr-,tl vo j�{1Dvt5 oil 0' Exception for Rood 4t '04I be.- Rec. #6060692. N01'09'S2"E S87'35'336.50"E' I O m -65.15'---- - 0.01' - LOT IJ Ln 10'Ib New Private 24' driveway easement (A) 1 121.93'" o o t ! 1) S87'35'33" LOT 16.79/ j'21.93-' - 30.01 W pt_ 2 iI °)N.LnNZ �O1I o 1 n oa i Z n Q � 5 z )14 iIM� z'' w i MLII - ro ,,ff 1 ° N 588', 22"E t. ,..A:. v I 1.93-30.00 'f 4I LOT LOT ° a` `I 3 i ?tri N 8 JI n OS4 28 m b� O I LOT LOT � 3 apt. 4-1 :cow. 0 to in �000 • m ak OIs � z � I30.00�.�1.92= REBAR W/CAP SET S88I__50'22"E LOT 5/15/14 (TYP) 4ik LOT" . 6 _ "• o 15 o�W PInJ W o`t"N t} NI N Z In - coo coo O m � at, OI OO M 27100' z�,'24.9$' S8850'22"E Tj 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #_ "'` t� I N oe .n u v Ip Z Tn PHASE 2 10' Tempora Landscape Eosement N S87'33 54"E i I 0 1 87'33'5 N In 2430.54' (m) Found brass pin w/punch mark in concrete in case - 11/11/07 1748.477-- 60.00' EXCEPTION d40465 ons NEW PRIVATE SANITARY /hh (j SEWER EASEMENT REC In�I�(°) 19/37D � Basis of Bearing of this\surveyveyore monumentsUnuJfound at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. 5 I New Private 24' driveway easement el -..--10' NEW PRIVATE SANITARY SEWER EASEMENT REC. # TRACT 13: - TEMPORARY RECREATION TRACT Private Ingress, egress and -1 Utilities Easement Rec. No. I 20131001001350 • Seattle City Light Eosem�e ht Rec. No. 20110420000543 12'.0• I (2) Temp.- parjung spaces Gl��i•� Cilr11QKS,E11s I o N 4- •ex1G't-t 1 s 142 10 Drainage Easement per KC Rec. No. 6319966 GRAPHIC SCALE 30 0 15 30 00 '20 ( IN FEET ) 1inch =30 ft, LEGEND Concrete Monument in Case Monument no case Tack in Lead or Nail & Disk Set rebar w/cop #23604 Found pipe or rebor Boundary Lines I� I LOT J 9 Z N N m 3 -0 COco mm 0. 5 " 68.75 N87'49'57"W 0 Set 2x2 hub w/tack (P) Plot bearing or distance (c) calculated bearing or distonce Old Lot Lines Easement Lines J 0 M SO1'09'38"W 10' Temporay Landscape Easement a A° 16 LOT WIDTHS LOTS RANGE IN WIDTHS FROM 21.92 FEET TO 30.01 FEET LOT AND TRACT AREAS TRACT A = 4,621 sft ) r 0.11 acrest 1 RECREATION TRACT B (TEMP) = 1,341 s f for 0.03 acres LOT 1 = 2,252 sf ± or 0.05 acres ± LOT 2 = 1,634 sf ± or 0.04 acres ± LOT 3 = 1,466 sf ±. or 0.03 acres ± LOT 4 = 1,990 sf ± or 0.05 acres ± LOT 5 = 1,677 sf ± or 0.04 acres ± LOT 6 = 1,283 sf ± or 0.03 acres ± LOT 7 = 1,242 sf ± or 0.03 acres ± LOT 8 = 1,614 sf± or 0.04 acres ± LOT 9 = 12,017 sf ± or 0.28 acres ± LOT ADDRESSES LOT NUMBERS STREET ADDRESS 2 3 4 5 6 7 8 SURVEY NOTES 14401 34 Ln. S. 14403 34 Ln. S. 14402 34 Ln. S. 14404 34 Ln. S. 14405 34 Ln. S. 14407 34 Ln. S. 14406 34 Ln. S. 14408 34 Ln. S. 1. Field doto for this survey was obtoined by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by o steel tape. This survey meets or exceeds the standords contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; 143/125 Found 2" brass disk w/punch mork in concrete in case - 11/11/07 South 748th Street SHE -E OF 4 47, RDSEC1-I VE"D SEP 0 " 2015 OGve SCHROETERLAND SURVEYING PROFESSIONAL LAND SURVEYORS PD. Box 813, Seahurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 8/31/15 •' -'1'1 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila CCit ofTuuaCommw ityDave,opmelrt Plat of Osterly Park Townhomes (PHASE ONE) Telephone60Su(206)431-3670 4 9Y3 8586 E-mall:tukp2(wlla.wa.ua Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4.5E ast, W.M., in King County, Washington ASBUILT CONDITION S 08/13/08 Existing fire hydrant X, _ --- -0 N _ — _ — — r =ii DETAIL: EASEMENT LOCATIONS --_ South 144th Street 0 N01'09'S2'i 1 ------_ ` 30' 6.50' 0 0 0 y" '• 87'35'33"E I o ` lc, South 144th Street W — --- 0 — sconcre e curFn'• — s 10' Exception for Rood P— ----- I / LOT LOT 1. 0 3.21 t ! -- 16.79• 0 S87.35'33"E .- , ') ! _ SCL vault curb cut t—'-- s 6' concrete walk meal cut . .— 0 s N ® yy ' c rb I -- ( co W / LOT _ / i LOT `NEy PRIVATE SANITARY SEWER EASEMENT REC. 6 ?.citr)r17.c1not to North end 4' choin link— fence is 0.3' north & 0.9' eost of set rebar w/cap wood fence' fence -/—.1 65.15 N8735 32"w • 1, '-ar' µ e Quad`` 5 9 - SQ 4 f` 68.73' a SS 35'33'E °g, r sewer line (green) - c g • C' 1 cut/i1 . '1 - co ° W ~ 3 4 1 New Privote 24' driveway New Privote 24' driveway easement (A) for the benefit of Townhomes 1, 2, 5 and 6 157. INGRESS, !TIES TRAC 151.19' easement J for the benefit of Townhomes 3, 4, 7 and 8 c','X n , 4192' 41.•3' 0.9' 4 0 q o L Q / ,%Opp T carpor Existing House / 6.50' m east edge concrete 41 iss 93' N 41. 0 3' N, 1LOT =-r Tr I - 10' NEW PRIVATE SANITARY'— 3' SEWERASEMENT / LOT 6 NO1'09'52 1- TRACT A: AND UTIL '09'52"W LOT 7 LOT I 8 / 10' NEW PRIVATE SANITARY 1#3421 oil fill ,/ so PARCEL 2 0 `r C°p h nisi deck z '3> TL 0040000094 I 1.1' - /J % q - C' S >> „' 1.3' ?w`a' ~ r $ a 1 PARCEL TL 0040000088 's N87'33'S¢"W 65,15 " — 1 65 a 6 `b Diiyk L., IIb26F Found old cb standing water down 5' (no 0 ® outlet found) 0° oo 0 Or in u°, o v 00 wood fence & CL swole c v -• r` iv m W 3 0 9 ✓! b to co set 2"x2" w/tack ! _ existing A Building T ) Mo ro/ Existing "Building / / ? 'E ct1e`rff - 24.92' 25.93'` , 5 1 New Private 5' sidewalk Z ••• SEWER EASEMENT -j ' easement (C) for the * I benefit of Townhomes ^-. 5 and 6 } — — s -'----.c..>..L _ J`''' TRACT I I I I ♦`SAV.. .+. .Vii: +-i!► !' 1'sti 'r' • 01'' B. 1 I I 1 I 1 ' r 1 I 1 It _ILI I-' X30.41 N87'33'54'W I 2g9 • .. a/• .t.f► c 0 3 • ' - CO °' CO - TEMPORARY TEMPORARY L RECREATION 10' TEMPORARY LANDSCAPE EASEMENT ) w E ¢a q t 1 ` o Cl- in 3 % 0. 0 9.,2 I / II-- 2 a ' o ro 10' LANDSCAPE EASEMENT ', // / NEW PRIVATE SANITARY SEWER EASEMENT va o_ E fid c j -' z m r--- 1, \\,\ • NEW PRIVATE 5' SIDEWALK EASEMENT V s LOT I 4*, 4. , NEW TEMPORARY LANDSCAPE EASEMENT 9 ' / V ry IJVOh J7 -aa, in —off aet rebar w/cop 2.00' . offset west / 1 1 I I 1 I 1 I. I 11 I TRACT B TEMPORARY RECREATION GRAPHIC SCALE , o 30 60 1120' 0 z " w j — r vP,wQ t 2u eart¢n"t" Csttnbq u,r/alit!,/ IS of e,5 _ ,r,, dcwr,.l k-• etc •01"4" i / / 7 / rlr rJ V (IN FEET ) 1 inch = 30 ft, ` ! „0 --chain link fence is east of line ose9 r 30 /-'-,, [> ©I WEI GRAPHIC SCALE 0 15 30 w NM iliiMEMO iniliollial RECEIVED r SEP 0 x 2615 7 CcmmulIty 'm Cayslopment 00 _ -- LEGEND 68'75' N87.49'57'w (c) ® Concrete Monument in Case Iii Cotch Basin X Tock in Lead or Noll & Disk ' Gas Valve 0 Set rebar w/cop #23604 ® Found pipe or rebar Water Valve PROPERTY NOTES: V Hydrant CO sewer manhole 1. TAX LOT 0040000094 IS SUBJECT TO RIGHT TO MAKE Power pole/ 0) storm drain manhole NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING Deciduous Tree NUMBER 6060692. WI water meter 2. TAX LOT 0040000094 IS SUBJECT TO A DRAINAGE PIPELINE Evergreen Tree owerpole w/ll ht P 9 UNDER KING COUNTY RECORDING NUMBER 6319966. ( iN rem' ) ' 1 finch = 30 ft J 111"HEFT, OF `i SCHROETER U.LAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Senhurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 „ I (' DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW 1 . JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 8/31/15 CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, TukwlLe, WA 98188 Telephone (206) 4313610 FAX (206) 4313665 E-mail: tukplan@tukwila.wa.us PROPERTY NOTES City of Tukwila Plat of Osterly Park Townhomes Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington rr \ 1. TRACT "A" :,. . _=_, , IS A PRIVATE ACCESS AND UTILITIES TRACT. ALL LOTS IN OSTERLY PARK TO OfIES SHARE UNDIVIDED AND EQUAL INTEREST IN OWNERSHIP OF TRACT A. MAINTENANCE OF TRACT "A" SHALL BE SHARED EQUALLY BY THOSE BENEFIT pV,y.Q,ND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDINVON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT. TITLE OR UJTEREST TO THE BENEFITED PROPERTY. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT AK1i+i6,-r COUNTY REC-{iR0IN@=NtJ - SHALL BE THE OSTERLY - s I < PARK TOWNHOMES HOMEOWNERS ASSOCIATION. rt• ""< b •l" ....0 Lie . , „t- Q u t r , I( . < s . t"<. . — ._. _ OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT B RECORDED-17NOER--KING_ COUNT f2EGORDING NUMBERSHALL BE THE OSTERLY L I,r PARK TOWNHOMES HOMEOWNERS ASSOCIATION. it<' 1'.•4. C H , 1 <' 1;2-" CCC 'i t• -.C' `.1 3. THE 10 FOOT PRIVATE SANITAR SEWER EASEMENT RECORDED UNDER C L( j RECORDING UMBER ARE R THE BENEFIT OF THE ,- LOTS SHOWN ON THIS SUBDIVISION. INTENANCE, REPAIR, AND/OR REBUILDING OF, ---{`k . THESE FACILI S SHALL BE SHARED E ALLY BY THOSE BE 4EFITED AND THE C RESPONSIBILITY F WHICH SHALL RUN WI THE LAND AND BE BINDING ON ALL PARTIES HAVING PROPERTY. ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED 4. THE UNIT LOTS ARE NOT SEPARATE BUILDABLE LOTS, AND ADDITIONAL `DEVELOPMENT ON THE INDIVIDUAL UNIT LOTS MAY BE LIMITED AS A RESULT OF THE APPLICATION OF DEVELOPMENT TO THE PARENT LOT. ! _ • I1t-t,-vt.--• .1 -1,-.n t' vi 1,- (Jp- C! 1 ,xi.. : ...,. . , r 5. THE FOLLOWING CONDITIONS OF PRELIMINARY APPROVAL SHALL BE DEFERRED TO BUILDING PERMIT FOR INDIVIDUAL UNITS: A) CONSTRUCTION OF PERIMETER FENCE, RECREATION AREA, AND LANDSCAPING SHALL BE DEFERRED TO THE BUILDING PERMITS. b) SCREENING OF THE INDIVIDUAL METERS, ELECTRICAL BOXES AND SIMILAR EQUIPMENT NECESSARY FOR PROJECT INFRASTRUCTURE SHALL BE REVIEWED AS PART OF THE BUILDING PERMIT FOR EACH UNIT. <1 I I37"), e, r-ess1 T; — A 1 IS t- rIvak? 10014' O -C GtttY!'i,'CM'- (ld!l' -bict - ti—e bC,h 1- v 1,vta✓s b Io is 1 " 1 atrvLQ GYit h h+ %411°1'11 f 21'✓ t1u, 4 GS t4i a,corzsltr.Q (Ai c;2.w TvV'^-441 51b fr/VitILKA,- ., Dwv ti,p 4 1,i3 I --'i of 't14,Oki- Ihtl„,bs &t i vg,t -1C „nd,w.1.4,d resiov-nhlbd,i7 go..,( 1-L,144(.41 - `k c(IGI at-- akta 0-11 Uladmilyo)J+11h-1S, TRACT A y$,({ss! Ep 5i cu1J1 tl!I,hrs ci THAT PORTION OF THE EAST 65.5 5FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52" WEST 151.20 FEET; THENCE NORTH 87'33'54" WEST 30.01 FEET; NORTH 01'09'52" EAST 157.68 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'32" EAST, ALONG SAID MARGIN, 13.21 FEET; THENCE SOUTH 01'09'52" WEST 6.50 FEET TO THE SOUTHERLY MARGIN OF' SAID SOUTH 144TH STREET; THENCE SOUTH 87'35'33" EAST, ALONG SAID MARGIN, 16.79 FEET TO THE POINT OF BEGINNING; SUBJECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET NsbffE U THEREOF. :::,L4,61p-1,Tv,/1-4.--,b• ice 6'TH Ek. t_> 17/i SC477ZE C, r( (- c 6 rr i E P.'.EGc P O Li. N 6612 L' ,- (.a c N t'`1 ' - -' - D< AK, NO <. r: "467:3671-1 ,E%HU (7i! g 5" -Ire -t)""31/17 r< <3 J e` TRACT 8 (TEMPORARY RECREATION TRACT) 1.-4.e.7-411/4.45'° a `"OcTec 'e.:6l 717 THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF' ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLP "S, PAGE 31, IN KING COUNTY, WASHINGTON. ALSO BEING KNOWN AS A PORTION OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE) CITY OF TUKWILA FILE NO. L14-0066, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE); THENCE SOUTH 01'09'52" WEST, ALONG THE WEST LINE OF SAID PLAT, 25.25 FEET ; THENCE SOUTH 87'33'54" EAST 51.94 FEET; THENCE NORTH 01'09'52" EAST 26.40 FEET; THENCE NORTH 88'50'22" WEST 51.92 FEET TO THE POINT OF BEGINNING. SUBJECT TO A TEMPORARY LANDSCAPE EASEMENT ACROSS THE SOUTH 10 FEET THEREOF. e. Jt . k: t i ' lA 14. - 1L 1',(e” • .4 j:\r ,<)t i %+sL •,,t -,,1 (-V t f _ I C 7U PSE - - RECEIVED SEP 0 .= 2015 Commit.'.- Devetopmcit 00‘ ‘' SHEET' OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PA. Box 813, Seohurst, Washington 98062 (206) 242-6621 FAX (2063243-9679 DATE: 9/16/09 JOB NO, 530/4 PROJECT NO. 07181 DRWN BY LAW FIELD DATE 11/11/07 REVISED 7/29/15 City of Tukwila Department of Community Development FILE NUMBER L14-0066 Land Use Routing form for Revisions TO: uilding ❑ Fire Dept. ❑ Police Dept Parks/Rec. n Public Works: (please list the name) Project: Osterly Park Townhomes Final Subdivision Address: 3429 S. 144th Street Date transmitted: August 4, 2015 Response requested by: August 19, 2015 Planner: Jaimie Reavis Date response received: COMMENTS Comment letter #1 is attached, to help you review resubmitted materials. ❑ DRC review requested ❑ Plan submittal requested ❑ Plan approved Plan check date: g 1 -- Comments prepared by: When Recorded, Return to: 144`x' Street REO Partners, LLC 13975 Interurban Ave S Tukwila, WA 98168 R Ely ti L AUG 04 2015 Community Development DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES Grantor: /44th St REO Partners, LLC and/or Julia Overbeck Grantee: 144`h' Street REO Partners, LLC Legal Description (Abbreviated): Osterly Park Townhomes, Lots 1 through 31 Complete on: EXHIBIT A Assessor's Tax Parcel ID #: Phase I: 0040000088, 0040000094 Phase I1: To Be Added Later Reference Nos. of Documents Released or Assigned: TABLE OF CONTENTS PAGE ARTICLE 1 DEFINITIONS 1 1.1. WORDS DEFINED 1 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 4 ARTICLE 3 ASSOCIATION 4 3.1. FORM OF ASSOCIATION 4 3.2. MEMBERSHIP 4 3.3. VOTING 4 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS 6 3.5. BYLAWS OF ASSOCIATION 6 ARTICLE 4 MANAGEMENT OF THE ASSOCIATION 7 4.1. INTERIM BOARD OF DIRECTORS 7 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS 7 4.3. AUTHORITY AND DUTIES OF THE BOARD 7 4.4. BOARD ORGANIZATION AND OPERATION 8 4.5. PROFESSIONAL MANAGEMENT 8 ARTICLE 5 ASSOCIATION FINANCES 9 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES 9 5.2. BUDGETING FOR RESERVES 10 5.3. SPECIAL ASSESSMENTS 10 5.4. SPECIFIC ASSESSMENTS 10 5.5. AUTHORITY TO ASSESS OWNERS 10 5.6. TIME OF PAYMENT 10 5.7. OBLIGATION FOR ASSESSMENTS 1 1 5.8. LIEN FOR ASSESSMENTS 12 5.9. EXEMPT PROPERTY 12 5.10. CAPITALIZATION OF ASSOCIATION 12 ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 13 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS 13 6.2. ASSOCIATION'S RESPONSIBILITY FOR EXTERIOR MAINTENANCE 13 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS 14 6.4. OWNER'S RESPONSIBILITY 14 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION••• 15 ARTICLE 7 USE RESTRICTIONS AND RULES 15 Osterly Park TownhomesDeclaration Table of Contents -page i 7.1. GENERAL 15 7.2. RESIDENTIAL USE 15 7.3. ARCHITECTURAL STANDARDS 15 7.4. SIGNS 17 7.5. OCCUPANTS BOUND 17 7.6. NUISANCE 17 7.7. SUBDIVISION OF LOT 18 7.8. FENCES 18 7.9. AIR-CONDITIONING UNITS 18 7.10. LIGHTING 18 7.11. MAILBOXES 18 7.12. PARKING 18 7.13. PETS 18 7.14. GARBAGE 19 7.15. EXTERIOR SECURITY DEVICES 19 7.16. EXTERIOR AREAS OF LOTS 19 7.17. LANDSCAPING 19 ARTICLE 8 INSURANCE 8.1. ASSOCIATION INSURANCE 8.2. PAYMENT AND ENDORSEMENTS 8.3. OWNER'S INSURANCE 8.4. RECONSTRUCTION ARTICLE 9 EASEMENTS 19 19 20 20 21 21 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG 21 9.2. EASEMENTS FOR USE AND ENJOYMENT 21 9.3. GRANT OF EASEMENT FOR UTILITIES 22 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS 23 9.5. EASEMENT FOR MAINTENANCE 23 9.6. NATIVE GROWTH PROTECTION AREAS 23 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT 23 ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES ••• 25 10.1. GENERAL RULES OF LAW TO APPLY 25 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION 25 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND 25 ARTICLE 1 1 CONSENSUS FOR ASSOCIATION LITIGATION •••• 25 ARTICLE 12 MORTGAGEE PROTECTION 26 12.1. ABANDONMENT OF DECLARATION 26 12.2. PARTITIONS AND SUBDIVISIONS 26 12.3. CHANGE IN ASSESSMENT METHODS, ETC 26 Osterly Park Townhomes Declaration Table of Contents -page ii 12.4. COPIES OF NOTICES 26 12.5. EFFECT OF DECLARATION AMENDMENTS 26 12.6. INSPECTION OF BOOKS 26 12.7. AMENDMENTS BY BOARD 27 ARTICLE 13 GENERAL PROVISIONS 27 13.1. ENFORCEMENT 27 13.2. SELF-HELP 27 13.3. DURATION 27 13.4. AMENDMENT 28 13.5. GENDER AND GRAMMAR 28 13.6. SEVERABILITY 28 13.7. CAPTIONS 28 13.8. INDEMNIFICATION 28 13.9. BOOKS AND RECORDS 29 13.10. FINANCIAL REVIEW 29 13.11. NOTICE OF SALE, LEASE OR ACQUISITION 30 13.12. AGREEMENTS 30 13.13. IMPLIED RIGHTS 30 13.14. VARIANCES 30 EXHIBIT A EXHIBIT B EXHIBIT J EXHIBIT I EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I LEGAL DESCRIPTION DESCRIPTION OF COMMON AREAS EASEMENT FOR VEHICULAR ACCESS [Lots 20,21,22,23] EASEMENT FOR VEHICULAR ACCESS [Lots 16,17.18,19] To Be Added in Phase II EASEMENT FOR VEHICULAR ACCESS [Added Phase II] EASEMENT FOR VEHICULAR ACCESS [Added Phase LI] EASEMENT FOR VEHICULAR ACCESS [Added Phase II] EASEMENT FOR VEHICULAR ACCESS [Added Phase IIJ EASEMENT FOR VEHICULAR ACCESS [Added Phase In Oster/y Park Townhomes Declaration Table of Contents -page iii DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS is dated for reference purposes this day of , 2015, and is made by Julia Overbeck, and/or 144th Street REO Partners, LLC, ("Declarant"). RECITALS A. Declarant is the owner of the real property located in the City of Tukwila, King County, Washington, more particularly described on the attached EXHIBIT A ("Property"). B. Declarant desires to subject the Property to the provisions of this Declaration to create a residential community of thirty-one (31) town -homes ("Community"). Now, THEREFORE, Declarant hereby declares that the Property, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the Property, and shall be binding on all persons having any right, title or interest in all or any portion of the Property, their respective heirs, legal representatives, successors, successors -in -title and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE1. DEFINITIONS 1.1. WORDS DEFINED. THE FOLLOWING WORDS, WHEN USED IN THIS DECLARATION (UNLESS THE CONTEXT SHALL PROHIBIT), SHALL HAVE THE FOLLOWING MEANINGS: Osterly Park Townhomes Declaration pages 1.1.1. "Association" shall mean the Osterly Park Townhomes Owners Association, a Washington nonprofit corporation, its successors and assigns to be formed. 1.1.2. "Board of Directors" or "Board" shall mean the appointed or elected board of directors of the Association having its normal meaning under Washington law. 1.1.3. "Bylaws" shall refer to the duly adopted Bylaws of the Association. 1.1.4. "Common Areas" shall mean all real and personal property, including easements which the Association owns or leases or in which it otherwise holds possessory or use rights, all for the common use and enjoyment of the Owners including, without limitation, those areas and facilities described on attached EXHIBIT B. 1.1.5. "Common Expenses" shall mean expenditures made by, or financial liabilities of, the Association which are related to the Common Areas and the general operation of the Association, including, without limitation, maintenance and repair of certain exterior portions of the residential improvements constructed on the Lots as provided herein, certain utilities and systems serving such improvements, landscaping maintenance for the Lots and allocations to reserves. 1.1.6. "Community" shall mean and refer to the Property described in EXHIBIT A, attached hereto, and all improvements to such Property including, without limitation, the townhomes constructed on the Lots. 1.1.7. "Community -Wide Standard" shall mean the standard of conduct, maintenance, or other activity as initially established by Declarant and as generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. 1.1.8. "Declarant" shall mean and refer to 1441x' Street REO Partners, LLC, a New Mexico limited liability company, and its successors -in -title and assigns, provided, in the instrument of conveyance to any such successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon designation of a successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease. 1.1.9. "Declarant Control Period" shall mean the period of time during which Declarant is entitled to appoint the members of the Board. The Declarant Control Period shall expire on the first to occur of the following: (a) when Declarant owns less than 4 Lots for development and/or sale in the Community; (b) when, in its sole discretion, Declarant so determines in a notice recorded in the real property records of King County, Washington. Osterly Park Townhomes Declaration page2 1.1.10. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Easements for Osterly Park Townhomes, as it may be amended. 1.1.11. "Governing Documents" shall mean this Declaration, as it may be amended, the Articles of Incorporation and Bylaws of the Association and any rules and regulations adopted by the Association. 1.1.12. "Lot" shall mean any legally conveyable parcel of land within the Community, together with the improvements constructed thereon, which constitutes a residence, as shown on a plat recorded in the land records of King County, Washington. The ownership of each Lot shall include, and there shall pass with each Lot as an appurtenance thereto, whether or not separately described, all of the right, title and interest of an Owner in the Common Areas, which shall include, without limitation, membership in the Association. 1.1.13. "Mortgage" means any mortgage, deed of trust and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.14. "Mortgagee" shall mean the holder of a Mortgage. 1.1.15. "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.16. "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation. 1.1.17. "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.18. "Plat" means that certain subdivision of the Property more particularly described on the attached EXHIBIT A. 1.1.19. "Property" shall mean the real property described in EXHIBIT A attached hereto. 1.1.20. "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant), and the consent of Declarant so long as Declarant owns any Property for development and/or sale in the Community. Osterly Park Townhomes Declaration page3 1.1.21. "Townhome" shall mean and refer to any structure located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family. ARTICLE2. PROPERTY SUBJECT TO THIS DECLARATION The Property which is, by the recording of this Declaration, subject to the covenants, conditions and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the real property described in EXHIBIT A, attached hereto and by reference made a part hereof. ARTICLE3. ASSOCIATION 3.1. FORM OF ASSOCIATION. The Association shall be a non-profit corporation formed under the laws of the State of Washington; provided that from and after the formation of such non-profit corporation, the rights and duties of the members of such corporation shall continue to be governed by the provisions of this Declaration. 3.2. MEMBERSIDP. 3.2.1. Qualification. Each Owner (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned; provided that if a Lot has been sold on contract, the contract purchaser shall exercise the rights of the Lot Owner for the purposes of the Association, this Declaration and the Bylaws, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for membership inthe Association. 3.2.2. Transfe`: The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon transfer of the title to said Lot, and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner of such Lot. 3.3. VOTING. 3.3.1. Number of Votes. The Association shall have two classes of voting membership: Osterly Park Townhomes Declaration page4 (a) Class A. Class A members shall be all Owners with the exception of Declarant. Each Owner shall be entitled to one vote for each Lot owned. (b) Class B. The Class B member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon expiration of the Declarant Control Period. 3.3.2. Voting Owner. There shall be one (1) voting representative of each Lot. Declarant shall be considered an "Owner" and shall be the voting representative with respect to any Lot owned by Declarant. If a person (including Declarant) owns more than one Lot, the person shall have the votes for each Lot owned. The voting representative shall be designated by the Owner but need not be an Owner. The designation shall be revocable at any time by actual notice to the Association from a party having an ownership interest in a Lot, or by actual notice to the Association of the death or judicially declared incompetency of any person with an ownership interest in the Lot. This power of designation and revocation may be exercised by the guardian of an Owner, and the administrators or executors of an Owner's estate. Where no designation is made, or where a designation has been made but is revoked and no new designation has been made, the voting representative of each Lot shall be the group composed of all of its Owners. 3.3.3. Joint Owner Disputes. The vote of a Lot must be cast as a single vote, and fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their votes shall be cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular Lot, none of said votes shall be counted and said votes shall be deemed void. 3.3.4. Pledged Votes. If an Owner is in default under a first Mortgage on a Lot for ninety (90) consecutive days or more, the Mortgagee shall automatically be authorized to declare at any time thereafter that the Owner has pledged his or her vote on all issues to the Mortgagee during the continuation of the default. If the Association has been notified of any such pledge to a Mortgagee, or in the event the record Owner or Owners have otherwise pledged their vote regarding special matters to a Mortgagee under a fully recorded mortgage, or to the vendor under a duly recorded real estate contract, only the vote of such Mortgagee or vendor will be recognized in regard to the special matters upon which the vote is so pledged, if a copy of the instrument with this pledge has been filed with the Association. Amendments to this Section shall only be effective upon the written consent of all of the voting Owners and their respective Mortgagees and vendors, if any. Osterly Park Townhomes Declaration pages 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS. 3.4.1. Annual Meetings, Audits. There shall be an annual meeting of the Owners in the first quarter of each calendar year, or such other fiscal year as may be adopted by the Association, at such reasonable place and time as may be designated by written notice of the Association delivered to the Owners no less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. At the annual meeting, there shall be presented a report of the itemized receipts and disbursements for the preceding fiscal year, and allocation thereof to each Owner, and the estimated expenses, if any, for the Association for the coming fiscal year. Any Owner, at the Owner's own expense, may at .any reasonable time make an audit of the books of the Association. 14.2. Special Meetings. Special meetings of the Owners may be called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the Owners, or for any other reasonable purpose. Such meeting shall be called by the petition of Owners holding not less than 10% of the Class A votes or as otherwise provided in the Bylaws. Such notice shall be delivered not less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting and, in general, the matters to be considered. 3.4.3. Quorum Requirements for Association Meeting. At all meetings of the Owners, 25% of the Owners present in person or by proxy shall constitute a quorum. A majority of Owners present and entitled to vote, either in person or by proxy, shall be sufficient for the passage of any motion or the adoption of any resolution, except in connection with amendment or repeal of this Declaration. If the required quorum is not present, another meeting may be called subject to the requirement of written notice sent to all members at least ten (10) days in advance of such meeting. In the absence of a quorum of a members' meeting, a majority of those present in person or by proxy may adjourn the meeting to another time but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date. 3.5. BYLAWS OF ASSOCIATION. 3.5.1. Adoption of Bylaws. Bylaws for the administration of the Association and the Property, and for other purposes not inconsistent with the intent of this Declaration shall be adopted by the Declarant as the original Owner of the Lots. Subsequent amendments may be adopted by the Association as provided therein. 3.5.2. Bylaws Provisions. The Bylaws shall contain provisions substantially as provided for in this Article 3 and in Article 4, and may contain supplementary, not inconsistent, provisions regarding the operation and administration of the Property. The Bylaws shall establish the provisions for quorum, ordering of Overly Park Townhonres Declaration page6 meetings, and details regarding the giving of notices as may be required for the proper administration of the Association and the Community. ARTICLE4. MANAGEMENT OF THE ASSOCIATION 4.1. INTERIM BOARD OF DIRECTORS. Until expiration of the Declarant Control Period, the affairs of the Association shall be governed by a board of three (3) directors (who need not be Lot Owners) named by Declarant from time to time or as otherwise provided in the Bylaws. 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS. Upon expiration of the Declarant Control Period, administrative power and authority shall vest in a board of three (3) directors elected from among the Owners. The Board may delegate all or any portion of its administrative duties to a manager, managing agent, or officer of the Association. All Board positions shall be open for election at said organizational meeting. The Board shall elect from among its members, a president (who shall preside over meetings of the Board and the meetings of the Association), a secretary and a treasurer, all of which officers shall have such duties and powers as may be specified by the Board from time to time. 4.3. AUTHORITY AND DUTIES OF THE BOARD. The Board, for the benefit of the Community and the Owners, shall enforce the provisions of this Declaration, shall have all powers and authority permitted to the Board under this Declaration, and shall acquire and shall pay for out of the Common Expense fund hereinafter provided for, all goods and services requisite for the proper functioning of the Community. Without limitation, the Board shall have the following powers and authority: 4.3.1. Assessments. The establishment and collection of Assessments pursuant to Article 5 of this Declaration. 4.3.2. Services. Obtaining the services of persons or firms as required to properly manage the affairs of the Community to the extent deemed advisable by the Board, including legal and accounting services, property management services, as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Community. 4.3.3. Utilities. Obtaining all utility services (i) commonly metered (if any) for the Townhomes and providing for the submetering of such utilities for payment by the Owners where applicable and (ii) as necessary for the Common Areas. 4.3.4. Insurance. Obtaining and paying for policies of insurance or bonds as provided by this Declaration. Osterly Park Townhomes Declaration page 7 4.3.5. Maintenance/Repair. Performing and paying for maintenance, repair and replacement of Common Areas as well as Exterior Maintenance (as defined in Section 6.2 below) on Lots as provided herein. 4.4. BOARD ORGANIZATION AND OPERATION. 4.4.1. Election of Board of Directors and Terms of Office. Upon expiration of the Declarant Control Period, the Owners shall elect two (2) Directors for two (2) year terms and one (1) Director for a one (1) year term to assure that the expiration dates for the term of the Board members are staggered. Thereafter, all Directors shall be elected for two (2) year terms. 4.4.2. Vacancies. Vacancies in the Board caused by any reason other than the removal of a Board member by a vote of the Association shall be filled by vote of the majority of the remaining Board members, even though they may constitute less than a quorum; and each person so elected shall be a Board member until a successor is elected at the next annual meeting of the Association. 4.4.3. Removal of Board Members. At any regular meeting or at any special meeting called for that purpose, any one or more of the Board members may be removed with or without cause, by a majority of all of the Owners, and a successor may then and there be elected to fill the vacancy thus created. Any Board member whose removal has been so proposed by the Owners shall be given an opportunity to be heard at the meeting. Notwithstanding the above, until the organizational meeting, only Declarant shall have the right to remove a Board! member. 4.4.4. Organizational Meeting. The first meeting of a newly elected Board shall be held immediately following the annual organizational meeting of the Association, and no notice shall be necessary to the newly elected Board members in order legally to constitute such meeting. 4.4.5. Regular Meeting. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the Board members, but at least two such meetings shall be held during each fiscal year and one such meeting shall be held immediately following the annual meeting of Owners. Notice of regular meetings of the Board shall be given to each Board member as and when provided in the Bylaws. 4.4.6. Special Meetings. Special meetings of the Board may he called by the President or at least two Board members with notice given to each Board member as and when provided in the Bylaws. 4.5. PROFESSIONAL MANAGEMENT. Any contract with a professional manager for the Community (i) shall have a term no longer than one (1) year, (ii) may be renewed by agreement of the Association and the manager for successive one (1) year Osterly Park Townhomes Declaration page8 periods and (iii) shall require the manager to carry insurance as deemed appropriate by the Board. ARTICLE 5 ASSOCIATION FINANCES 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES. At least sixty (60) days before the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund. The budget shall reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Lots, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Lots. 5.1.1. The Association is hereby authorized to levy Base Assessments equally against all Lots subject to assessment hereunder to fund the Common Expenses. In determining the Base Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. 5.1.2. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy, which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. 5.1.3. Within thirty (30) days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the fmal budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than fourteen (14) nor more than sixty (60) days from the mailing of such materials. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing at least 51% of the Total Association Vote. Such ratification shall be effective whether or not a quorum is present. 5.1.4. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. 5.1.5. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. Osterly Park Townhomes Declaration page9 5.2. BUDGETING FOR RESERVES. The Board shall prepare and periodically review a reserve budget for the Common Areas and for Exterior Maintenance requirements. The reserve budget shall take into account the number and nature of replaceable assets, the expected life of each asset and the expected repair or replacement cost. The Board shall include in the budget, a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing. 5.3. SPECIAL ASSESSMENTS. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Owners representing more than 50% of the Total Association Vote. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 5.4. SPECIFIC ASSESSMENTS. The Association shall have the power to levy Specific Assessments against a particular Lot as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Lots upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Lot into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their agents, contractors, employees, licensees, invitees, or guests, including any such costs related to maintenance, repair or replacement of the exteriors of improvements or of utilities or other systems serving such improvements; provided, the Board shall give the Lot Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 5.5. AUTHORITY TO ASSESS OWNERS. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in this Declaration. The obligation to pay assessments shall commence as to each Lot, after the Board first determines a budget and levies assessments, and after the Lot is first conveyed to an Owner by Declarant. The first annual Base Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Lot. 5.6. TIME OF PAYMENT. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Lot and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, annual assessments Osterly Park Townhomes Declaration Pagel C may be paid in monthly or quarterly installments. If any Owner is delinquent in paying any assessments or other charges levied on the Owner's Lot, the Board may require the outstanding balance on all assessments to be paid in full immediately. 5.7. OBLIGATION FOR ASSESSMENTS. 5.7.1. Personal Obligation. Each Owner, by accepting a deed or entering into a recorded contract of sale for any portion of the Property, is deemed to covenant and agree to pay all assessments authorized herein. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such higher rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon a transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. (a) Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. (b) No Owner is exempt from liability for assessments by non- use of Common Areas, abandonment of the Owner's Lot, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or setoff shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. (c) Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. 5.7.2. Declarant's Option to Fund Budget Deficits. During the Declarant Control Period, Declarant may satisfy its obligation for assessments, if any, on Lots which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Lots subject to assessment and• the amount of actual expenditures by the Association Osterlv Park Townhomes Declaration page 11 during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least sixty (60) days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Declarant Control Period, Declarant shall pay assessments on its unsold Lots in the same manner as any other Owner. 5.8. LIEN FOR ASSESSMENTS. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law) and costs of collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior and (b) the lien or charge of any recorded first Mortgage (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and judicial or non judicial foreclosure. 5..8.1. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. 5..8.2. Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot: from the lien for any subsequent assessments. However, the sale or transfer of any Lot pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Lot shall not be personally liable for assessments on such Lot due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Lots subject to assessment under Section 4.6, including such acquirer, its successors and assigns. 5.9. EXEMPT PROPERTY. The following property shall be exempt from payment of Base Assessments and Special Assessments: (a) Any property dedicated or conveyed to and accepted by any governmental entity or public utility; and (b) Property owned by the Association for the common use and enjoyment of such Associations' members. 5.10. CAPITALIZATION OF ASSOCIATION. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by or on Osterly Park Townhonies Declaration page 12 behalf of the purchaser to the working capital of the Association in an amount equal to one-sixth of the annual Base Assessment per Lot for that year. This amount shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and disbursed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws. ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS. The Association shall maintain and keep in good repair the Common Areas. This maintenance shall include, without limitation, maintenance, repair and replacement of all landscaping and improvements situated on the Common Areas. 6.2. ASSOCIATION'S RESPONSIBILITY FOR EXTERIOR MAINTENANCE. With the approval of not less than 60% of the Total Association Vote at any meeting of the Association, the Association may provide for the painting of exterior portions of the Townhomes and the repair and replacement of the roofing surfaces of the Townhomes. (All such activities of the Association are collectively referred to herein as the "Exterior Maintenance".) 6.2.1. Unless and until the Owners vote in favor of the Association providing such painting and roofing as part of the Exterior Maintenance, each Owner shall remain responsible for such maintenance on the Owner's Townhome. 6.2.2. No Owner may modify the exterior of their Townhome or the screens, doors, awnings or other portions of their Townhome visible from outside the Townhome without the prior written consent of the Board or in accordance with the rules and regulations of the Association. In particular, except as otherwise provided by law, no solar panel, radio or television antenna, satellite dish or other appliance may be installed on the exterior of a Townhome without the prior written consent of the Board which shall not be unreasonably withheld. The Owners shall not repaint, reroof or replace the glass or screens in the windows or doors of their Townhomes except with materials of similar color and quality to those originally installed or as otherwise approved pursuant to Section 7.3. 6.2.3. Exterior Maintenance shall be performed at such time as the Board considers necessary to preserve and protect the appearance and condition of the Townhomes within the Community. Osterly Park Townhomes Declaration page 13 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS. 6.3.1. The Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limitation, such maintenance may include portions of any Lot that contribute to the overall appearance of the entrance to the Community or otherwise as reasonably determined by the Board. 6.3.2. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees or invitees of any Owner, and is not covered or paid for by insurance, in whole or in part, then the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 6.3.3. All maintenance undertaken by the Association shall be performed consistent with the Community -Wide Standard. 6.4. OWNER'S RESPONSIBILITY. Except for the Exterior Maintenance undertaken by the Association pursuant to Section 6.2 above, each Owner is responsible for maintenance, repair and replacement of the Owner's Townhome, any portions of the Lot or improvements thereon not made subject to maintenance, repair and replacement by the Association herein. Each Owner shall, at the Owner's sole expense, keep the interior of the Owner's Townhome and its equipment, appliances and appurtenances in a clean and sanitary condition, free of rodents and pests, and good order, condition and repair and shall do all redecorating and painting at anytime necessary to maintain the good appearance and condition of the Townhome. 6.4.1. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. 6.4.2. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair or replacement, or, in the event that such maintenance, repair or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide Osterlv Park Townhonies Declaration page 14 any such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION. Declarant may transfer or convey to the Association any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association for the benefit of all or a part of its Members. ARTICLE 7 USE RESTRICTIONS AND RULES 7.1. GENERAL. The Board may, from time to time, without consent of the Members, promulgate, modify or delete other use restrictions and rules and regulations applicable to the Community so long as any such restrictions, rule or regulation is not contrary to the terms of this Declaration. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled or modified in a regular or special meeting by a majority of the Total Association Vote. 7.2. RESIDENTIAL USE. All Lots shall be used for residential purposes exclusively. No business or business activity shall be carried on, in or upon any Lot at any time except that an Owner or occupant of a Lot may conduct business activities within the Lot so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Lot; (b) the business activity conforms to all zoning requirements; (c) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the Community; and (d) the business activity is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Community, as may be determined in the Board's sole discretion. This Section 7.2 shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant with respect to its development and sale of any Lot. 7.3. ARCHITECTURAL STANDARDS. All Townhomes and other structures (including, without limitations, concrete or masonry walls, rockeries, fences or other structures) to be constructed within the Community, and all exterior alterations and repairs (including, but not limited to, reroofing or repainting) of any Townhomes or other structures on the Property must be approved by an Architectural Review Committee ("ARC") composed of three or more Owners designated from time to time in writing by the Board; provided, that so long as Declarant owns any Lots within the Community, Declarant at its option may exercise all of the rights and powers of the ARC under this Osterly Park Townhomes Declaration pagel5 Section 7.3 including without limitation the appointment of members of the ARC. Complete plans and specifications of all proposed buildings, structures, and exterior alterations and repairs together with detailed plans showing the proposed location of the same on the particular Lot and other data requested by the ARC, shall be submitted to the ARC before construction, alteration or repair is started. 7.3.1. The ARC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. 7.3.2. In the event the ARC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, such approval will not be required. 7.3.3. All plans and specifications for approval by the ARC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date. The maximum height of any building shall be established by the ARC as part of the plan approval and shall be given in writing together with the approval. 7.3.4. The ARC may require that said plans or specifications shall be prepared by an architect or a competent house designer, approved by the ARC. One complete set of said plans and specifications shall in each case be delivered to and permanently left with the ARC. All buildings or structures shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ARC. The ARC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ARC's reasonable opinion, aesthetic or otherwise. 7.3.5. In so passing upon such design, the ARC shall have the right to take into consideration the suitability of the proposed building or other structure, the material of which it is to be built, the exterior color scheme, the site upon which it is to be erected, the harmony thereof with the surroundings, and the effect or impairment that said structures will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ARC's opinion, shall affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 7.3.6. The ARC shall have the right to disapprove the design or installation any recreational structure or equipment, in the ARC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ARC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all of the Lots Osterly Park Townhomes Declaration page 16 located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purpose of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. 7.3.7. The ARC shall have the right to require, at Owner's expense, the trimming or topping (or, if deemed necessary by the ARC, removal) of any tree, hedge, or shrub on a Lot which the ARC determines is unreasonably blocking or interfering with the view or access to sunlight or another Lot. 7.3.8. Notwithstanding any provision contained in this Article, under no circumstance shall the ARC approve any action to construct, alter, restore or repair any structure, improvement, landscaped or native growth vegetation area, etc., which would be contrary to any condition of approval of the Plat of Osterly Park Townhomes as set forth under City of Tukwila subdivision file for the Plat. 7.3.9. Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restrictions on this Section 7.3 as to any Lot owned by the Declarant. 7.4. SIGNS. Except as otherwise provided by RCW 64.38.034, no sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Board. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs. "For Sale" and "For Rent" signs and security signs consistent with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. The provisions of this Section shall not apply to any Person holding a Mortgage who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first Mortgage or as transferee pursuant to any proceeding in lieu thereof. 7.5. OCCUPANTS BOUND. All provisions of the Governing Documents which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants even though Occupants are not specifically mentioned. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 7.6. NUISANCE. Except for the exterior maintenance responsibilities of the Association, it shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on his or her Lot. No property within the Community shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort or serenity of the Osterly Park Townhonres Declaration page 17 occupants of surrounding property. No noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. No plant or animal or device or thing of any sort shall be kept on any Lot whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law. 7.7. SUBDIVISION OF LOT. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right to replat any Lot or Lots owned by Declarant. Any such division, boundary line change or replatting shall not be in violation of the applicable subdivision and zoning regulations. 7.8. FENCES. Except as originally installed by Declarant, no fence or fencing type barrier of any kind shall be placed, erected, allowed or maintained upon any portion of the Community, including any Lot, without the prior written consent of the ARC. 7.9. AIR-CONDITIONING UNITS. Except as may be permitted by the ARC, no air-conditioning units may be installed. Installation of any permitted air-conditioning unit shall be performed by a professional air-conditioning contractor licensed and bonded in the State of Washington. 7.10. LIGHTING. Except as may be permitted by the ARC, exterior lighting visible from the street shall not be permitted except for (a) approved lighting as originally installed on a Lot or (b) seasonal decorative lights, subject to such restrictions as may be established by the Board. 7.11. MAILBOXES. All mailboxes serving the Lots shall be clustered in a kiosk style as originally installed by Declarant or as otherwise approved by the ARC. 7.12. PARKING. Unless kept within a garage, no inoperable vehicle, recreational vehicle, house trailer, mobile home, boat, trailer or commercial vehicle shall be parked within the Community overnight. In addition, no parking shall be allowed on the private streets within the Community at anytime. Parking within the unenclosed parking spaces that lie within the Common Areas shall be subject to such rules and regulations as may be reasonably adopted by the Board. 7.13. PETS. No more than two (2) household pets may be kept on a Lot at anytime and then only when in compliance with rules and regulations adopted by the Board. The Board may at anytime require the removal of any such pet that it concludes is disturbing any other Owner through noise or other behavior. The Board may exercise this authority with regard to specific pets even though other pets are permitted to remain on the Property. 7.14. GARBAGE. Owners shall regularly dispose of their garbage and other debris in containers designed for such purpose. Such containers shall be kept in the Owner's garage until the day designated for pickup. Disposal of garbage and recycling of materials shall be subject to such rules and regulations as may be adopted by the Association. 7.15. EXTERIOR SECURITY DEVICES. No exterior security devices, including, without limitation, window bars, shall be permitted on any Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system shall not be deemed to constitute an exterior security device. 7.16. EXTERIOR AREAS OF LOTS. The exterior areas of Lots (i.e., any area outside the Townhome built on any Lot) are generally restricted to use for landscaping; provided, however, that an Owner may keep typical patio furniture and one barbeque on the exterior of the Owner's Lot so long as any such furniture or equipment is clean and in good working order. In no event shall an Owner keep or maintain a hot tub, spa, pool or similar facility on the exterior of the Owner's Lot. Similarly, no lawn statuary, basketball hoops or similar play equipment shall be maintained on the exterior of any Lot. 7.17. LANDSCAPING. Except for plantings in pots on decks, porches or patios, no Owner shall alter the landscaping on the Owner's Lot without the express consent of the ARC. ARTICLE 8 INSURANCE 8.1. ASSOCIATION INSURANCE. The Association shall, subject to change by Board action on advice of the Association's insurance advisors, maintain at all times as an Association expense a policy or policies and bonds written by companies licensed to do business in Washington providing: 8.1.1. If and only if the Board, upon advice of its insurance advisors, determines it to be necessary in light of the limited nature of the Common Areas, property insurance covering the Common Areas with premiums being paid as a common expense of all Owners, protecting against fire and all other hazards normally covered by standard extended coverage endorsements and all other perils customarily covered for similar property, including those covered by the standard "all risk" endorsements, if available. If obtained, such insurance shall be in the amount of 100% of the current replacement cost of the Common Areas. The Association shall be named as the insured as trustee for the benefit of the Owners and Mortgagees, as their interests appear. Osterly Park Townhonies Declaration page 19 8.1.2. Liability insurance insuring the Board, the Association, Owners, Declarant, and any managing agent, with a "Severability of Interest Endorsement" or equivalent coverage that would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner, and shall cover liability of the insureds for property damage, bodily injury, and death of persons arising out of the operation, maintenance, and use of the Common Areas, and such other risks as are customarily covered with respect to residential projects of similar construction, location, and use. The limits of liability shall be in amounts generally required by Mortgagees for projects of similar construction, location and use, but shall be at least $1,000,000 combined single limit for bodily injury and property damage per occurrence and $2,000,000 general aggregate. 8.1.3. Workers' compensation insurance to the extent required by applicable laws. 8.1.4. A fidelity bond or insurance for any person who either handles or has responsibility for funds that the Association holds or administers, whether or not such person is compensated for services, naming the Association as the obligee and said bond or insurance should cover the maximum amount of funds to be handled at any time while the bond or insurance is in force and a minimum three months' assessments for all Unit Lots within the Community. If a professional manager is employed by the Association and such manager handles funds for the Association, the manager shall maintain the same coverage as the Association. 8.1.5. Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect coverage meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Governmental National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration ("Secondary Market Agencies"), so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by such agencies. 8.2. PAYMENT AND ENDORSEMENTS. Funds to cover the costs of insurance to be maintained by the Association shall be included in the Association's operation reserve account. The policies of insurance shall include endorsements as required by any Mortgagee or any Secondary Market Agency and all such insurance shall be continuously in effect. 8.3. OWNER'S INSURANCE. Each Owner shall continuously maintain in effect insurance with respect to such Owner's Unit Lot and the improvements constructed thereon covering such casualties and liabilities and meeting the insurance requirements as now or hereafter established by the Secondary Market Agencies so long as any such agencies are either a Mortgagee or an Owner of a Unit Lot, except to the extent such coverage is not available or has been waived in writing by such agencies. Upon request by the Association, each Owner shall provide satisfactory written evidence that such insurance is being maintained and that all premiums therefore have been paid. If an Owner fails to obtain any required insurance or fails to pay the premium therefor, the Association may (but shall not be obligated to) obtain such insurance and/or make such payments for such Owner, and add the cost of such payments, as a specific assessment, to the normal assessment of such Owner. 8.4. RECONSTRUCTION. In the event of damage or destruction by fire or other casualty of any Unit Lot and improvement thereon, the Owner thereof shall repair or rebuild such damage or destroyed portions of the Unit Lot and improvements in a good workmanlike manner substantially the same as the original plans and specifications of said property in accordance with plans approved by the Association pursuant to Section 7.3. If the Owner refuses or fails to so repair or rebuild within thirty (30) days or such greater period as may be reasonably determined by the Board, the Association may perform such repair and rebuilding. The Owner must reimburse the Association for the amount actually expended for such repairs or reconstruction, and the Association shall have a lien securing such payment in the same manner provided for herein for assessments. ARTICLE9 EASEMENTS 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG. (a) There shall be an appurtenant easement for that portion of the roof of any improvements constructed on any Lot which overhangs an adjacent Lot or Lots to the extent the roof overhang was originally constructed by Declarant. This easement shall allow for the Owner of the benefited Lot to have temporary access to the servient Lot for maintenance, repair and replacement of such roof overhang so long as the benefited Lot Owner indemnifies and holds the servient Owner harmless from any damage to the servient Lot in connection with such maintenance, repair or replacement. (b) At some point in time there may be reciprocal appurtenant easements for encroachment and overhang as between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration) to a distance of not more than five (5) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Areas or as between adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point. 9.2. EASEMENTS FOR USE AND ENJOYMENT. 9.2.1. Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the right of the Association to establish Osterly Park Townhonnes Declaration page 21 reasonable rules and regulations with regard to the operation, maintenance, repair and replacement of the Common Areas including its use and enjoyment by an Owner, and the Owner's family, tenants, guests and invitees. Without limitation, the Common Areas include those easements more particularly described in Section 9.6 below. 9.2.2. Any Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the occupants of such Owner's Lot, if leased. 9.3. GRANT OF EASEMENT FOR UTILITIES. The following easements with regard to utilities serving the Community are hereby granted and declared by Declarant. 9.3.1. Declarant declares that electrical power wires, natural gas pipelines, cable wires, water pipelines and plumbing pipelines which provide services to the Lots were installed within the Townhomes at locations which are not clearly identified on any map or plan. Such wires, pipes and lines were installed between the floor or ceiling joists and/or in the party wall in accordance with Declarant grants an easement for utility purposes over and across each Lot where each such wire, pipe and/or line currently lies in favor of the Lots served by such wires, pipes and/or lines. In the event any repair or replacement of any such wire, line or pipe is required by any Owner and such repair or replacement requires entry into another Owner's Townhome, the "Consenting Owner" (i.e., the Owner of the Lot which will be entered) agrees to grant reasonable rights of entry for such purposes and further grants such other Townhome Owner the right to make such repairs or replacements from within such Consenting Owner's Townhome, on condition that the Owner in need of such entry and such work pays the cost of such work and restores the Consenting Owner's Townhome to the same condition it was before such entry and work therein. This provision is intended to be interpreted in favor of the Consenting Owner who must grant entry for such purposes and shall be liberally interpreted to ensure that a Consenting Owner is not damaged by such work. 9.3.2. Declarant grants an easement for water, drainage pipes and related equipment which form a part of the drainage and retention system which services the property, electric power, cable, natural gas, telephone, over, under and across the Lots and Common Areas, as constructed, in favor of the utility suppliers serving the Community. The intent of this easement is to allow the suppliers of such utility services (and the Association with respect to the drainage and retention system) a reasonable right to access and right to make necessary repairs and replacement of component parts of the utility service systems. The Owners who benefit from any work in such utility easement area shall bear the cost of such repair and replacement and are obligated to restore the ground surface or the side of the structure to the same condition it was prior to such utility repair or replacement. 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS. The Association shall have the right, but shall not be obligated, to enter upon any Lot within the Community for emergency, security and safety reasons, which right may be exercised by the Association's manager, and all police officers, firefighters, ambulance personnel and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Board to enter to cure any condition which may increase the possibility of a fire, slope erosion or other hazard in the event an Owner or Occupant fails or refuses to cure the condition upon request by the Board. 9.5. EASEMENT FOR MAINTENANCE. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Property (including Lots), determined in the sole discretion of the Association, as are necessary to allow for the Association's performance of Exterior Maintenance as set forth in Section 6.2 and all other work required under Article 6. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 9.6. NATIVE GROWTH PROTECTION AREAS. Not Applicable. T h e project does not contain any Native Growth Protection areas. 9.6.1 RIGHT OF ENTRY FOR WATER AND SEWER DISTRICTS. Water 125 and Valley View Sewer shall have right of entry to Osterly Park for utility maintenance and other related purposes. 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT. So long as Declarant owns any Property in the Community for development and/or sale, Declarant reserves an easement across all Property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Property as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient or incidental to Declarant's and such builder's or developer's development, construction and sales activities related to Property subject to this Declaration, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap -on or any other fee for so doing), replace, Osterly Park Townhomes Declaration page 23 relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to operate model residences and a sales office for the Community. 9.8. EASEMENTS FOR VEHICULAR ACCESS. Declarant hereby declares that that the Owners of the following Lots shall have the following easements for vehicular and pedestrian access: 9.8.1. Lots [20], [21), {22} and [23} are hereby declared to have a non- - exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [20}, [21), {22} and [23), legally described on Exhibit J attached hereto and incorporated herein by this reference.. 9.8.2. . Lots [16], [17], [18) and [19] are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [16], [17], [18) and [19), legally described on Exhibit I attached hereto and incorporated herein by this reference. 9.8.3. Lots [Added in Phase II} are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [Added in Phase 11], legally described on Exhibit E attached hereto and incorporated herein by this reference.. 9.8.4. . Lots [Added in Phase 11] are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [Added in Phase II], legally described on Exhibit F attached hereto and incorporated herein by this reference. 9.8.5. Lots [Added in Phase II] are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [Added in Phase II], legally described on Exhibit G attached hereto and incorporated herein by this reference. 9.8.6. . Lots [Added in Phase II] are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [Added in Phase II], legally described on Exhibit H attached hereto and incorporated herein by this reference. 9.8.7. Lots [Added in Phase II] are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Parcels [Added in Phase IIJ, legally described on Exhibit I attached hereto and incorporated herein by this reference.. 9.8.8. Parcels [Added in Phase II] are hereby declared to have a non-exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Parcels [Added in Phase II] legally described on Exhibit J attached hereto and incorporated herein by this reference. ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES 10.1. GENERAL RULES OF LAW TO APPLY. Each wall or similar structure built as a part of the original construction on the Lots which serves and/or separates any two adjoining Lots shall constitute a party structure. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors -in -title. ARTICLE 11. CONSENSUS FOR ASSOCIATION LITIGATION Except as provided in this Article, the Association shall not commence a judicial or administrative proceeding without the approval of Owners representing at least 75% of the Total Association Vote. This Article shall not apply, however, to (a) actions brought by the Association to enforce the Governing Documents (including, without limitation, the foreclosure of liens); (b) the collection of assessments; (c) proceedings involving Osterly Park Townhomes Declaration page 25 challenges to ad valorem taxation; (d) counterclaims brought by the Association in proceedings instituted against it; or (e) actions brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor. This Article shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. ARTICLE 12 MORTGAGEE PROTECTION 12.1. ABANDONMENT OF DECLARATION. Neither the Association nor the Owners shall, without consent of 75% of all first Mortgagees of record of the Lots, seek by act or omission to abandon this Declaration or cause any Lot to be removed from the provisions hereof. 12.2. PARTITIONS AND SUBDIVISIONS. Neither the Association nor the Owners shall combine or subdivide any Lot or accept any proposal so to do without the prior approval of75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s), so affected. 12.3. CHANGE IN ASSESSMENT METHODS, ETC. Neither the Association nor the Owners shall make any material amendment to the Declaration or Bylaws (including changes in the methods of allocating assessments among the various Lots) without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s) for which the method of assessment allocation would be changed. 12.4. COPIES OF NOTICES. Written notice that an Owner/Mortgagor of a Lot has for more than thirty (30) days failed to meet any obligation under the Declaration or Bylaws shall be given by the Association to any first Mortgagee of such Lot who has requested to so be notified. Any first Mortgagee shall, upon request, be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 12.5. EFFECT OF DECLARATION AMENDMENTS. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provisions of this Declaration conferring rights upon Mortgagees which is inconsistent with any other provisions of said Declaration or the Bylaws shall control over such inconsistent provisions. 12.6. INSPECTION OF BOOKS. First Mortgagees shall be entitled to inspect at all reasonable hours of week days all of the books and records of the Association, and, upon request, to receive the annual financial statement of the Association within ninety (90) days following the end of the fiscal year of the Association. 12.7. AMENDMENTS BY BOARD. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 13 GENERAL PROVISIONS 13.1. ENFORCEMENT. Each Owner and Occupant shall comply strictly with the Bylaws, the rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. The Board of Directors may impose fines or other sanctions, which shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The Board shall have the right to record in the appropriate land records a notice of violation of the Declaration, Bylaws, rules and regulations, use restrictions, or design guidelines and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible) for violating the foregoing. 13.2. SELF-HELP. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Lot or any other portion of the Community to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates this Declaration, the Bylaws, the rules and regulations or the use restrictions. Unless an emergency situation exists, the Board shall give the violating Lot Owner ten (10) days' written notice of its intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reasonable notice. All costs of self-help, including, without limitation, reasonable attorneys' fees actually incurred, shall be assessed against the violating Lot Owner and shall be collected as provided for herein for the collection of assessments. 13.3. DURATION. The covenants and restrictions of this Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors and assigns, perpetually to the extent provided by law. Osterly Park Townhonies Declaration page 27 13.4. AMENDMENT. This Declaration may be amended unilaterally at any time and from time to time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser or mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (d) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, during the Declarant Control Period, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. In addition to the above, this Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, or the Owners of at least 67% of the Lots and the consent of Declarant until expiration of the Declarant Control Period. Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 13.5. GENDER AND GRAMMAR. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 13.6. SEVERABILITY. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 13.7. CAPTIONS. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 13.8. LNDEMNIFICATION. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 13.9. BOOKS AND RECORDS. 13.9.1. Inspection by Members and Mortgagees. This Declaration, the Bylaws, copies of rules and use restrictions, membership register, books of account and minutes of meetings of the members of the Board and of committees shall be made available for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 13.9.2. Rules for Inspection. The Board shall establish reasonable rules with respect to: be made; and (a) notice to be given to the custodian of the records; (b) hours and days of the week when such an inspection may (c) payment of the cost of reproducing copies of documents. 13.9.3. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extra copies of documents at the reasonable expense of the Association. 13.10. FINANCIAL REVIEW. A review of the books and records of the Association shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the Board's financial statements at the annual Osterly Park Townhontes Declaration page 29 meeting, by a majority of the Total Association Vote, the Owners may require that the accounts of the Association be audited as a common expense by a certified public accountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request. 13.11. NOTICE OF SALE, LEASE OR ACQUISITION. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 13.12. AGREEMENTS. All agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 13.13. IMPLIED RIGHTS. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 13.14. VARIANCES. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community; provided, however, that no variance shall be contrary to City of Tukwila ordinances, all of which must be complied with by Owners. EXECUTED as of the day and year first set forth above. DECLARANT: JULIA OVERBECK, A WASHINGTON RESIDENT B Printed Name: STATE OF WASHINGTON COUNTY OF KING icubk kifeArbeek I certify that I know or have satisfactory evidence that (Julia Overbeck) is the person who appeared before me, and said person acknowledged that (she) signed this instrument and acknowledged it to be (her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated- Ju),I.!Orli Zu) 5 0���\1111itiiit S GO /ice `Z. $ F( pi'�tamp) �•: NOTARY N • PUB •• OW Title �'; LIC �-9� o ••••61•. My Z My appointment p ..C�9)�1712U17 ��� �•O.9!�7/20 : • �` � �� expires . ��iiiii,WASM, %•% 111 (Signature) "irate ) C --TU ti ru."Z .MoJn.r. q Pub I 1 c EXHIBIT A LEGAL DESCRIPTION Plat of Osterly Park Townhomes, Osterly Park Townhomes Lot 16 Osterly Park Townhomes Lot 17 Osterly Park Townhomes Lot 18 Osterly Park Townhomes Lot 19 Osterly Park Townhomes Lot 20 Osterly Park Townhomes Lot 21 Osterly Park Townhomes Lot 22 Osterly Park Townhomes Lot 23 Osterly Park Townhomes Lot to 100 Osterly Park Townhomes Declaration Exhibit A EXHIBIT B DESCRIPTION OF COMMON AREAS RECREATIONAL TRACT D THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, THENCE; BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL: THENCE SOUTH 01°09'52" WEST, ALONG THE WEST LINE OF SAID PARCEL, 135.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°09'52" WEST 25.25 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 87°33'54" EAST, ALONG SAID SOUTH LINE, 51.94 FEET; THENCE NORTH 01°09'52" EAST 26.40 FEET; THENCE NORTH 88°50'22" WEST 51.92 FEET TO THE TRUE POINT OF BEGINNING. Osterly Park Townhotnes Declaration EXHIBIT J DESCRIPTION OF VEHICULAR ACCESS (Lots [20], [21], (22) and [23] NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 20, 21, 22, AND 23 THAT PORTION OF THE LOTS 20, 21, 22, AND 23, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF THE EAST 20.00 FEET OF LOT 1; AND THE SOUTH 12 FEET OF LOT 21; AND THE NORTH 12 FEET OF THE EAST 20 FEET OF LOT 22; AND THE NORTH 12 FEET OF LOT 23. Overly Park Tou'nhon:es Declaration Exhibit J EXHIBIT I DESCRIPTION OF VEHICULAR ACCESS (Lots (18], [191, [16Jand [17) NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 18, 19, 16, AND 17 THAT PORTION OF THE LOTS 18, 19, 16, AND 17, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF LOT 18; AND THE SOUTH 12 FEET OF THE WEST 20.00 FEET OF LOT 19; AND THE NORTH 12 FEET OF LOT 16; AND THE NORTH 12 FEET OF THE WEST 20.00 FEET OF LOT 17. Osterly Park Townhomes Declaration Exhibit / EXHIBIT E DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase 11) Osterly Park Townhomes Declaration EXHIBIT F DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase 11) Osterly Park Tawnhomes Declaration EXHIBITG DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase II) Osterly Park Townhomes Declaration EXHIBIT H DESCRIPTION OF VEHICULAR ACCESS (Lots Added in Phase II) Osterly Park Tawnhonies Declaration Exibit K - ail Phases i i City of Tukwila Plat of Osterly Park Townhomes Portion of the 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 1 South 144th Street stmesre Moth .n/ 4' d1d, a. Iwo/ fo0.2. .* Or out of opt Four VO4 arrsr911t *ACT It 112011241104NWT EI MAC rA: INGRESS, EGRESS AND UTILITIES TRACT r dei.dk •e..Y..,t IN' *Sweep Wow! .o.w+.rt 24' d1.•4 onoroont 74' i GRAPHIC SCALE riersruNs fliKroK32-41 ole moos .ornnM SUR vrr role: leo Couto* 4570 So 14041 SO..t NINON. U4 (11>!) 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NO. 11(24 es City of Tukwila Plat of Osterly Park Townhomes Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington ASBUILT CONDITION S 08/13/08 Sc /h /44th SyreetTT•'-` O' Eeeeptien foe Rood _ • t121. rood 11 • . o.eret. k e 41, elEMEMMINel- Existing Ere Ordrentyt North end 4' chole red. fence is 0.3' north & 0.9' east or set rotor ./cap stood f.,o. 0.9. 9 4 oy� yo 1.1 yaCn`s Found old <b doyen o • / slordin9.at TL 0040000088 ■!f a44,94%00 4d)e �, io :S sr .a -- 0I xw Ileo (green) or Fit cap toast concr▪ ete II. 0040000094 Lot Line to M 1 Removed 1' IRE 0O Neina'Sr8 /13 od twee a 'on EL eerie o Exieting ddin9 fl/1 S let 2•o2 a/lodt/ r - ,1°. se t retia ,r/lop 2.0(00 —xes ., Eelstimi vidkp GRAPHIC SCALE Ofca17iT� t Yea - m R Aa7`• I N8T.9$7•w (o) LEGEND Concre,► klonum►nt in Cove k4 Catch 9edn 1{ Tock in lead ar Ne11 t Disk Goo Voles o Set mbar ./top /23004 • Fated pipe or robot074Water Valve 7i1 P 00 m sewer rwnho0. Deciduous Tree 0 atom drain monhub ▪ Evergreen Tree ",o water mater O—d poser pate •/U01! gj DETAIL: EASEMENT LOCATIONS _ r —.__ _ _Sovlh /441A Stree! 11 gi I 1 12n 2, 18 I 19 ;- I I 1 y New Private 24' bt.e.oY---�N►.• Prirob 2a' oineey 009000.1 (J) for the benefit t • 1 I I — I 1 .o..n. M (I) 1Q th► bnet:ld of Townhomw 20. 21. 22 and 23 —1 —I yr j To.nhnme 16, 17• fE ad 19 It `. a 02 W QU /. 41.97 1 a es I W 11++ .1.�.T• I �`l l -' �� 1 r —i I � ' � 2 rt � I 122 ' zs to j ll ; 10' NEW PINVATE SANITARY -1 1— I i Q (:. I SEVER EASEMENT i 3JL 1 ill 2a4�1 C)q 73.87 les..Pr.wle5'sikve},5oaemenl(R)MMe q7s.gJ•=1knwfil of 1') .nes7RA^7 6 ! _,.! L_1C' 1JEIT PRIVATE SAkMTARY ?2 and 2J.,_.,•.j • C1�A110N F I I SEWN EASEMENT !I:F.:3: fIga` Ii II 1j HORMI I ==g GRAPHIC SCALE Sr lan¢T) i mos - at S. SHEET 3 OF 3 SCHROE1ERQ'LAND SURVEYING PROFESSg141 1040 SUNSY094 P To, en, seoro,,t. V..r+at . latIP ( 1 0.02-004 14.9 tAs1:Uy479 OA TE; 9/16/09 MEUCCI NO. 07181 109707 8? LAW .109 NO -33d/4 FIELD OATS 00/11/07 REVISED 1/11/12 Return Address: Michael D. Overbeck 4620 S. 148th Street Tukwila, WA 98168 206-787-0259 RECEIVED AUG 04 2015 Community Development Document title: Private Ingress, Egress, Storm System and Utilities Easement Grantor: 144th Street REO Partners, LLC, a New Mexico Limited Liability Company Grantee: 144th Street REO Partners, LLC, a New Mexico Limited Liability Company Legal Description: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN Reference Number: This Easement replaces and supersedes the Private Ingress, Egress, Storm System and Utilities Easement as recorded under Recording Number 20131001001350, records of King County, Washington Tax ID Numbers: 040000-0088 and 040000-0094 PRIVATE INGRESS, EGRESS, STORM SYSTEM AND UTILITIES EASEMENT THIS PRIVATE INGRESS, EGRESS, STORM SYSTEM AND UTILITIES EASEMENT is entered into this day of , 2015 by and between 144th Street REO Partners, LLC, a New Mexico Limited Liability Company, the Grantor, having ownership in properties described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN SEE EXHIBIT "A" "i7 and 144th Street REO Partners, LLC, a New Mexico Limited Liability Company, the Grantee, having ownership in properties described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN SEE EXHIBIT "B" For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Grantor hereby conveys, grants and warrants to the Grantee a permanent non-exclusive Easement for Private Ingress, Egress, Storm System and Utilities, including appurtenances, under, over, through, upon and across the real property legally described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN SEE EXHIBIT "C" The Grantee shall have the right, without prior institution of any suit or proceeding at law, at times as maybe necessary, to enter upon the Easement and adjoining property owned by the Grantor for the purposes of installing, constructing, operating, maintaining, removing, repairing, replacing and using the private ingress, egress, storm system and utilities improvements, together with all the connections and appurtenances thereto of associated drainage and utilities systems. The Grantee shall, if the Easement is disturbed by. the maintenance, removal, repair or replacement of any portion of the above improvements restore the surface of the Easement to a condition substantially equal to the condition that existed prior to the commencement of the maintenance, removal, repair or replacement. The grantor shall have the right to use the surface of said Easement area so long as the Grantor's use does not interfere with the work of repairing, removing, replacing or adding to the private ingress, egress and utilities improvements, provided that no permanent building or structure of any kind shall be located on said Easement. The construction and installation of asphalt or concrete surfaces by the Grantor is permitted. If the subject property is further subdivided in the future, all private ingress, egress, storm system and utilities improvements must be installed in accordance with the requirements and codes in effect in the City of Tukwila at the time of permit application for those improvements. A minimum of sixty percent majority of the owners may initiate an improvement or repair action. All owners shall share all associated costs an an equal basis, with no fees allowed for administration by one or more of the owners. All funds shall be due at the time that the work is billed by the respective contractor or professional. Independent payment schedules may be used if agreed upon by the majority of the owners. In the event that funds are not paid when due, the aggrieved owner or owners may initiate and action to collect the fundsand shall be entitled to costs and a reasonable attorneys fee upon recovery. All property owners having interest in this easement acknowledge, in the event of an emergency or the eminent possibility of damage to adjacent properties, the right of the City of Tukwila to enter onto said easement and perform necessary maintenance or repairs to restore proper function of the drainage system and /or other utilities. Such work must be limited to the effort necessary to restore the level of function of such drainage system and /or other utilities to that obtained under the originally approved and installed system or systems at the time of the origination of the plat forming the subject lots. Such entry and maintenance or repair work will be done only upon notification of all property owners, z%7 excepting situations of bona fide emergency nature in which time does not allow such notification. The City of Tukwila is authorized in the event of such work as noted above to receive reimbursement of the above such services, provided that the property owners reserve the right to review, after the fact, full documentation of the need for such services and to inspect and comment upon documentation for labor, equipment and material resources expended. Should disputation arise between any of the property owners and the City of Tukwila relating to the above, appeals will be made to the Director of Public Works and/or the City Council and/or the Office of the Mayor. The above reference to maintenance shall include maintenance of Fire Lane designations and markings as determined by the City of Tukwila Fire Department. This easement and the covenants herein shall be covenants running with the land and shall benefit and bind the parties and their respective successors and assigns. The Grantor warrants that the Grantor has good title to the property, and warrants The Grantee's title to and quiet enjoyment of the Easement conveyed herein. It is the intent of the Grantor that this agreement shall not be extinguished by the doctrine of merger. IN WITNESSETH THEREOF, the GRANTOR hereto has executed this Agreement on the date first above written. Grantor: Michael D. Overbeck Manager, 144th Street REO Partners, LLC, a New Mexico Limited Liability Company STATE OF WASHINGTON) )SS. COUNTY OF PIERCE I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED this day of , 2015 NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires 3/7 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTIES Parcel 1 PN: 004000-0088 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN IGNO COUNTY, WASHINGTQN. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 200$OS1$ooO267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, sTATeoF WASHINGTON. Parcel 2 PN: 004000-0094 LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PERTIAT-VMWED IN VOLUME 11 OF PLATS, • PAGE 31, RECORDS OF KING COUNTY AUDITOR; • EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO:.KIN%fl; COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692. • SITUATE IN THE CITY OF TUKWILA, LA, COUNTY0F.K!NG .STAT OF WASHINGTON. 4/7 EXHIBIT "B" LEGAL DESCRIPTION OF GRANTEE PROPERTIES Parcel 1 PN: 004000-0088 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN WhigCOUNTY, WASHINGTON. • EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Parcel 2 PN: 004000-0094 LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLOME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTYAUDITOR; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692. SITUATE IN THE CITY OF TUKWILA, COUNTY OF. KING, STATE OF WASHINGTON. EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT FOR ACCESS, EGRESS, STORM SYSTEM AND UTILITIES THE EAST 13.21 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOMETRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN RINGCOUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 200$Q$]8000267. SITUATE IN, -HE CITY OP TUKVMA, COUNTY' OP KING, STAW •OP WASHINGTON. TOGETHER WITH THE WEST 16.79 FEET OF THE NORTH 199.87 FEET OF THE FOLLOWING DESCRIBED PARCEL: LOT 5 IN BLOCK 2 OF ADAMS HOME TRACT$, AS PER flAtRECORDED IN V,OLCIME 11 OF PLATS, PAGE 31, RECORDS OF KING COON#Y'AUDIT R; EXCEPTTHE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO.KIN.G COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692. SITUATE IN THE CITY QP TUKWILA, COUNTY OIROAL.S.rATE OF WASHINGTON. '77 TRACT A THE WEST 16.79 FEET OF THE NORTH 161.16 FEET OF LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; AND TOGETHER WITH THE EAST 13.21 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 3.5 FEET CONVEYED TO THE CITY OF TUKWILA BY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. Fre.. worms. onammir. %OSA. North end 4' choke link *toe 1. 0.3' north & 0.9' east of set rebor w/oap conveyed to the City of 'rubella Rec. 120050518000287 South 744th Street N8735.0 W (c) N8735'5?W (m) 2107.01' 0' Exceptto Rec. 16061 EASEMENT MAP NORTH A 1 INCH = 40 FEET ter 26 186.92' 13 )12 L ESS AND UTILITIES TRACT 244.70' l A 5 E 7 O2 -0(Za6.70,-- /97.97') 10 7/7 NEW MEXICO PUBLIC REGULATION COMMISSION Certificate Of Organization OF 144TH STREET REO PARTNERS LLC 4689941 RECEIVED AUG 0 4 2015 Community Development The Public Regulation Commission certifies that the Articles Of Organization, duly signed and verified pursuant to the provisions of the Limited Liability Company Act (53-19-1 To 53-19-74 NMSA 1978) have been received by it and are found to conform to law. Accordingly, by virtue of the authority vested in it by law, the Public Regulation Commission issues this Certificate Of Organization and attaches hereto a duplicate of the Articles Of Organization. Dated : December 10, 2012 In testimony whereof, the Public Regulation of the State of New Mexico has caused this certificate to be signed by its Chairman and the seal of said Commission to be affixed at the city of Santa Fe. Bureau Chief (=iey,.vt-, Chairman NEW MEXICO PUBLIC REGULATION COMMISSION COMMISSIONERS DISTRICT I Karen L. Montoya DISTRICT 2 Patrick H. Lyons DISTRICT 3 Valerie Espinoza DISTRICT 4 Theresa Becenti-Aquilar DISTRICT 5 Ben L. Hall January 3, 2013 INORP SERVICES INC. 2360 CORPORATE CIRCLE STE 400 HENDERSON NV 89074 PROCESSING DEPARTMENT RE: 144TH STREET REO PARTNERS LLC NMPRC# 4689941 1120 Paseo de Peralta P.O. Box 1269 Santa Fe, NM 87504-1269 Johnny Montoya, Chief of Staff CORPORATIONS BUREAU (505) 827-4508 This Commission has approved and filed the Articles Of Organization for the above captioned organization effective December 10, 2012. The enclosed Certificate Of Organization is evidence of filing, and should become a permanent document of the organization' s record: The referenced approval does not constitute authorization for the above referenced organization to transact any business which requires compliance with other applicable federal or state laws, including, but not limited to, state licensing requirements. It is the organization' sole responsibility to obtain such compliance with all legal requirements applicable thereto prior to engaging in the business for which it has obtained approval of the referenced document. Your canceled check, as validated. by this commission, is your receipt. If you have any questions, please contact the Charter Document Division at (505) 827-4511 for assistance. Chartered Document Division Nadine Roybal NADINE. ROYBAL@STATE. N M.US 505-827-4669 FILED NMPRC DEC 10 7012 Corporation Bureau SUBMIT ORIGINAL AND A COPY TYPE OR PRINT LEGIBLY Limited Liability Company ARTICLES OF ORGANIZATION The undersigned, acting as organizer(s) of a limited liability company pursuant to the New Mexico Limited Liability Company Act, adopt the following Articles of Organization: ARTICLE ONE: The name of the limited liability company is: 144th Street REO Partners LLC ARTICLE TWO: The period of duration (if other than perpetual) is: ARTICLE THREE: (1) The New Mexico street address of the company's initial registered office is: 1012 Marquez Place, Ste. 106-B, Santa Fe, NM 87505-1652 (P.O. Box is not acceptable. Provide a description of the geographical location if a street address does not exist.) (2) The name of the initial registered agent at that address is: Incorp Services, Inc. (3) The street address of the company's principal place of business, if different from its registered office, is: 4701 SW Admiral Way, Seattle, WA 98116 ARTICLE FOUR (check only if applicable): XXXX YES Management of the business and affairs of the company is vested in a manager. ARTICLE FIVE (check only if applicable): YES The limited Liability company is a single member limited liability company. ARTICLE SIX: If these Articles of Organization are not to be effective upon filing with the commission, the effective date is: (fan effective date is specified here, it cannot be a date prior to the date the articles are received by the commission) Dated:11/16/2012 Form DLLC (revised 07/03) fn (16 Y°t(f .73 LTh P PI -nature of Organizer(s) Printed Name(s) RECEIVED NMPRC DEC 101011 Corporation Bureau FILED NNEPRC DEC 10 201Z Corporation Bureau STATEMENT OF ACCEPTANCE OF APPOINTMENT BY DESIGNATED INITIAL REGISTERED AGENT 1, Taylor McArthur hereby acknowledge that the undersigned individual or corporation accepts the appointment as Initial Registered Agent of 144th Street REO Partners LLC the limited liability company which is named in the annexed Articles of Organization. (Sign on this line if the registered agent named in the Articles of Organization is an individual. If this line is signed, the two lines below do not apply and must be left blank.) CORPORATION ACTING AS A REGISTERED AGENT ONLY (If the following lines are used, the signature line above does not apply and must be left blank) Incorp Services, Inc. (If the registered agent named in the Articles of Organization is a corporation, limited liability company, or partnership, type or print the name of that entity here.) / on behalf of Incorp Services, Inc. 1' t (An al orized person of the entity being appointed as registered agent must sign. here) By Form DLLC-STMNT (revised 07/03) `z`EN PRVED DEC 10 2012 Corporation &MAI OPERATING AGREEMENT OF 1446 Street REO Partners, LLC (N MPRC#4689941)(TI N#46-2058464) THIS OPERATING AGREEMENT (the "Agreement") of 144th Street REO Partners, LLC (the "Company"), a limited liability company organized pursuant to the New Mexico Limited Liability Company Act (the "Act" 53-19-1 To 53-19-74 NMSA 1978), is executed effective as of the 10th day of December, 2012, by and among the Organizing Members and Initial Members. Article 1: Formation of the Company 1.1 Formation: The parties hereto hereby establish 144th Street REO Partners, LLC, to engage in any lawful business for which limited liability companies may be organized under the New Mexico Limited Liability Company Act as the same may be amended from time to time. The registered address of the Company shall be at 1012 Marquez PL, Suite 106B, Santa Fe, NM 87505 or such other place as the Members shall determine from time to time. 1.2 Nature of Members' Interests: The interests of the Members in the Company shall be personal property for all purposes. Legal title to all Company assets shall be held in the name of the Company. Neither any Member nor a successor, representative or assign of such Member, shall have any right, title or interest in or to any Company property or the right to partition any real property owned by the Company. Article II: Members 2.1 Names and Addresses of Members: The names, addresses, and Membership Interests of the Initial Members, following the admission of Initial Members by the Organizing Members, are as reflected in Exhibit A attached hereto and made a part hereof, which Exhibit shall be as amended by the Company as of the effective date of any redemption or issuance of any Membership Interest. 2.2 Meetings of Members: The Members of the Company shall hold their meetings, if any, both regular and special, according to such Bylaws as they may adopt from time to time. Page 1 of 11 Article III: Transferability of Membership Interests 3.1 No Membership Interest shall be transferred voluntarily or involuntarily by sale, assignment, gift, pledge, exchange or other disposition, except as provided hereinbelow. 3.2 Voluntary Transfers: No Membership Interest shall be transferred voluntarily by sale, assignment, gift, pledge, exchange or other disposition, except as provided in Paragraph 1 of this Exhibit C, or with the prior written approval of the Members. The Members acknowledge that any transfer of a Membership Interest may involve considerations of laws and regulations, including, but not limited to, laws and regulations governing limited liability companies as business organizations, taxation of the Company as a partnership, and treatment of Membership Interests and transfers of such interests as securities, the effect of which on the Company and its Members may vary depending on the circumstances, all of which cannot be anticipated at this time. Therefore, the Members agree that the Members may approve or disapprove, or set conditions on approval, of the transfer of any Membership Interest as the Members, in their sole and complete discretion, may decide, provided, however, that the Members may not approve any transfer that will violate any Federal or applicable state securities law or that would adversely affect the Company from being taxed as a partnership for Federal income tax purposes. Any attempted transfer without the Members express written approval shall be void. 3.3 Involuntary Transfers: If the Membership Interest of any Member is purported to be transferred involuntarily, including, without limitation, any purported transfer by or pursuant to bankruptcy, receivership, attachment, divorce, equitable distribution, inheritance or operation of law; then, and in that event, the Company shall purchase the Membership Interest purportedly transferred at its Purchase Value as determined as provided in Paragraph 4 hereinbelow. 3.4 Method of Determining Purchase Value: 3.4.1 Purchase Value as used herein shall mean the Purchase Value of the Membership Interests of the Company established by a Certificate of Agreed Value signed by each Member and filed with the Company. If, at any time when it becomes necessary to determine Purchase Value of the Membership Interests of the Company, a Certificate of Agreed Value is in existence and such certificate of agreed value is dated less than two (2) years before the date as of which the Purchase Value is to be determined, then the agreed value set forth in such certificate shall be conclusive as to the Purchase Value and shall be accepted as the Purchase Value as of the date on which Purchase Value is to be determined, and no accountant's determination of book value shall be required or made. In no event shall a Certificate of Agreed Value be effective unless signed by all the Members. The Members may at any time execute a new Certificate of Agreed Value which shall automatically replace all prior Certificates of Agreed Value and in no event shall any but the last Certificate of Agreed Value be effective, if at all, for the purpose herein specified. Page 2 of 11 3.4.2 In the event there is no Certificate of Agreed Value or in the event the same is more than two (2) years old, then the Purchase Value of a Membership Interest shall be the amount that would be received by the owner of such Membership Interest if all the assets of the Company were sold for cash equal to their fair market value, the Company paid all of its liabilities including reasonable costs of liquidation, and liquidated in accordance with this Agreement, all as of the last day of the calendar month immediately prior to the occurrence of the event triggering the Company's obligation to purchase the Members Membership Interest. The determination of the fair market value of a Membership Interest by the accountant shall be binding on all parties. 3.5 Payment of Purchase Value: 3.5.1 Whenever under this Agreement the Company or the Members exercise any option or right to redeem or purchase Membership Interests of any Member, the Purchase Value shall be paid immediately upon the receipt by the Company of the proceeds of any insurance on the life of a deceased Member owned by and payable to the Company, to the extent of such proceeds, or with any available cash at the discretion of the Managing Member. 3.5.2 Whenever under this Agreement the Company exercises any option or right to redeem or purchase Membership Interests of any Member, the Purchase Value shall be paid to the Member whose Membership Interests have been redeemed or purchased in cash within thirty (30) days after notice to the affected Member or as soon as commercially practicable thereafter. 3.6 Admission of New Members: Unless and until admitted as a Member of the Company, the transferee of a Membership Interest shall not be entitled to any of the rights, powers, or privileges of a Member, except that the transferee shall be entitled to receive the distributions and allocations to which the Member would be entitled but for the transfer of his Membership Interest. In the case of a person acquiring a Membership Interest after the admission of Initial Members, the person shall only be admitted to Membership in the sole and exclusive discretion of the Members and upon compliance with all the terms specified by the Members, including but not limited to such additional Member's execution of and becoming a party to this Agreement. Article IV: Limitation of Liability and Indemnification of Members 4.1 Limitation of Liability: No Member of the Company shall be liable to the Company or its Members for monetary damages for any act or omission in such person's capacity as a Member, except as provided in the Act. If the Act is amended to authorize action further eliminating or limiting the liability of Members, then the liability of a Member shall be eliminated or limited to the fullest extent permitted by the Act as so amended. Any repeal or modification of this section shall not adversely affect the right or protection of a Member existing at the time of such repeal or modification. Page 3 of 11 4.2 Indemnification: The Company shall indemnify the Members to the fullest extent permitted or required by the Act, as amended from time to time. The Company may advance expenses incurred by the Members upon the approval of the Members, provided such Member agrees to reimburse the Company unless it is finally determined that such Member is entitled to be indemnified by the Company against such expenses. The Company may also indemnify its employees and other agents to the fullest extent permitted by the law, provided that a Majority in Interest of the Members first approve such indemnification. The indemnification provided herein shall be deemed exclusive of any other rights to which a person seeking indemnification may otherwise be entitled, shall continue as to a person who ceases to be a Member, shall inure to the benefit of the estate, heirs, personal representatives or other successors of the indemnitee, and shall not be deemed to create any rights for the benefit of any other person or entity. Article V: Capital Accounts, Operational Management, and Tax Matters 5.1 Capital Contributions; Loans: Upon execution of this Agreement, each Initial Member agrees to contribute cash, property, future services, or a combination thereof to the Company in the amount set forth on Exhibit A attached hereto as soon as commercially practicable following the execution of this Agreement. Any Member may also make a loan to the Company upon commercially reasonable terms, upon approval of such terms by the Members. Loans by a Member shall not be considered capital contributions unless the debt is later forgiven and acknowledged by the Members in writing. 5.2 Capital Accounts: The Company shall maintain a separate capital account for each Member pursuant to the principles of this section and applicable Treasury Regulations. The initial capital account of each Member, which shall be the Member's initial capital contribution, shall be increased by the amount of such Member's subsequent capital contributions and by such Member's allocable share of Company Income and Net Income as hereinafter provided, and each Member's capital account shall be decreased by the amount of cash distributed to the Member by the Company and by such Member's allocable share of Loss and Net Loss as hereinafter provided. 5.3 Allocation of Taxable Income and Tax Losses: Taxable Income and Tax Losses of the Company for each fiscal year shall be determined as of the end of each fiscal year and shall be allocated as set forth hereinbelow: 5.3.1 Allocation of Taxable Income and Loss: For purposes of this Agreement, net profits or net losses shall be determined as required by the regulations promulgated under Section 704 of the Internal Revenue Code, as it may be amended from time to time. Taxable Income and Tax Losses of the Company for each fiscal year shall be determined as Page 4 of 11 of the end of each fiscal year and shall be allocated as hereinbelow set forth, and shall be subject to the rules for special allocations set forth in Paragraph 2 hereof. (a)Taxable Income shall first be allocated to the Members to the extent of, and in proportion to, the excess of prior cumulative allocations of Tax Losses over prior cumulative allocations of Taxable Income. Each Member- shall be able to exclude income attributable to each owns personal sale production as individuals solely earned in the performance of their professional duties which shall be paid separately to each member as a draw in accordance with any employment agreements. (b) The balance of Taxable Income shall then be allocated to the Members and equally split between the Organizing and Initial Member (s). (c) Tax Losses shall first be allocated to the Members to the extent of, and in proportion to, the excess of prior cumulative allocations of Taxable Income over prior cumulative allocations of Tax Losses. (d) The balance of Tax Losses shall be allocated in proportion to the Capital Contributions of the Members, until any Members Capital Account is reduced to zero (0). (e) To the extent remaining, Tax Losses shall be allocated to the Members in proportion to their adjusted tax basis in the Company as determined for Federal income tax purposes or in accordance with any other agreements. (f) Notwithstanding the foregoing provisions, if Taxable Income to be allocated includes income treated as ordinary income for income tax purposes because it is attributable to the recapture of Depreciation and/or Amortization under Section 1245 or Section 1250 of the Internal Revenue Code, or any other similar provision, such Taxable income, to the extent it is treated as ordinary income, shall be allocated to and reported by the Members in proportion to their accumulated depreciation allocations, and the Company shall keep records of such allocations. (g) In the event of a transfer of, or other change in, an interest in the Company during a fiscal year, each item of taxable income or loss shall be prorated in accordance with Section 706 of the Internal Revenue Code, using any convention permitted by law and selected by the Members. (h) Notwithstanding any other provisions of this Agreement to the contrary, no allocation of any item of income or loss shall be made to a Member if suchallocation would not have economic effect pursuant to Treasury Regulations. To the extent an allocation cannot be made to a Member due to the application of such Treasury Regulations, such allocation shall be made to the other Members entitled to receive such allocation hereunder. 5.4 Compliance with Tax Code: Each Member hereby recognizes that the Company will be subject to all provisions of Subchapter X of the internal Revenue Code. The provisions of this Agreement relating to the proper maintenance of capital accounts and allocation of income, gains, deductions, and losses are designed to cause the overall allocations of items to have substantial economic effect and are intended to comply with, and to Page 5 of 11 be interpreted and applied in a manner consistent with the requirements of applicable Treasury Regulations, as they may be amended from time to time. The Members are authorized to modify the manner in which the capital accounts are maintained and items of income, gain, deductions, and losses are allocated if they determine that such modification is required or prudent to comply with the Treasury Regulations, and is not likely to have a material effect on the amounts distributable to any Member upon dissolution of the Company. 5.5 Company Tax Returns and Annual Statements: The Members shall cause the Company to file all tax returns required to be filed for the Company for each fiscal year or part thereof, and shall provide each person who at any time during the fiscal year was a Member with an annual statement (including a copy of Schedule K-1 to Internal Revenue Service Form 1065) indicating such Member's share of the Company's income, loss, gain, expense and other items relevant for income tax purposes. Such annual statement may be audited or unaudited as required by the Members. 5.6 Tax Matters and Operational Management Member: One of the Members who individually or beneficially is the majority member owning 51% or more the company at such time shall act as the "Tax Matters Member" for Federal and state income tax purposes. The Tax Matters Member shall have the final decision with respect to all Federal and state income tax matters involving the Company, and shall represent the Company in connection with all examinations of the Company's affairs by tax authorities, including resulting administrative and judicial proceedings. The Members agree to cooperate with the Tax Matters Member and to do or refrain from doing any and all things reasonably required by the Tax Matters Member to conduct such proceedings. The Tax Matters Member is authorized to expend Company funds for professional services and costs associated with tax matters. Any direct out-of-pocket expense incurred by the Tax Matters Member in carrying out the obligations hereunder shall be reimbursed by the Company. In this same regard, the Tax Matters Member shall also serve as the Managing Member with respect to managing the company's daily business operations and regulatory compliance matters. The Managing Co -Member and Control Person shall initially be Julia Overbeck until such time as she is replaced by the members. Orenthal J. Hanson shall initially serve as the interim operational manager of the Company (Co -Manager) until later replaced by the Managing Member but shall not be a Member of the Company. 5.7 Withdrawal or Reduction of Contributions to Capital: No Member shall have the right to withdraw any part of his capital contribution or to receive any return on any portion of his capital contribution, except as may be otherwise specifically provided in this Agreement. Under circumstances involving a return of any capital contribution, no Member shall have the right to receive property other than cash. No Member shall have priority over any other Member, either as to the return of capital contributions or as to net income, net losses or distributions; provided that this subsection shall not apply to loans which a Member has made to the Company. Page 6 of 11 Article VI: Distributions 6.1 Distributions: The Members shall distribute Distributable Cash and other property at such times and in such amounts as may be determined, in the sole discretion of the Managing Member. "Distributable Cash" means, with respect to the Company for a period of time, all funds of the Company which are available for distribution to Members after provision has been made for payment of all operating expenses and of all outstanding and unpaid current obligations of the Company as of such time, and for such reserves as the Members deem appropriate or necessary. Distributable Cash shall be distributed on a cumulative basis, as follows: (a) First, to the Members to the extent of, and in proportion to, their Capital Contributions. (b) Then, to the Members to the extent of, and in proportion to, prior cumulative allocations of Taxable Income over cumulative allocations of Tax Losses. (c) Then, the Members in a manner similar to the allocations set forth in Paragraph 1. No distribution shall be declared and paid if payment of such distribution would cause the Company to violate any limitation on distributions provided in the Act. 6.2 Records and Reports; Books of Account: The Company shall maintain the Company's books and records and shall determine all items of income, loss, net income and net Toss in accordance with the method of accounting selected by the Members, consistently applied. All records and books of account of the Company, in whatever form maintained, shall be kept at the principal office of the Company at all times and shall be open to inspection of the Members or their agents during reasonable business hours. Such right may be exercised on behalf of a Member by an attorney, certified public accountant, or any other agent or employee designated by such Member. Such Member shall bear all expenses incurred in any examination made on behalf of such Member. All expenses of keeping the books and records of the Company and the preparation of financial statements required to implement the provisions of this Agreement or otherwise needed for the conduct of the Company's business shall be borne by the Company. 6.3 Bank Accounts: The Bank account or accounts of the Company shall be maintained in the bank or other financial institution approved by the Members. The terms governing such accounts shall be determined by the Members, and withdrawals from such accounts shall only be made by such parties as may be approved by the Members. Page 7 of 11. 6.4 Liability of Members: No Member shall be liable for the debts, liabilities or obligations of the Company, except to the extent of the Member's capital contributions. Except as otherwise expressly provided herein, no Member shall be required to contribute to the capital of, or to loan any funds to, the Company. Article VII: Dissolution and Termination 7.1 Withdrawal: Except as otherwise provided in this Agreement, no Member shall at any time retire or withdraw from the Company or withdraw any amount out of his capital account. Any Member retiring or withdrawing in contravention of this section shall indemnify, defend and hold harmless the Company and all other Members (other than a Member who is, at the time of such withdrawal, in default under this Agreement) from and against any losses, expenses, judgments, fines, settlements or damages suffered or incurred by the Company or any such other Member arising out of or resulting from such retirement or withdrawal. 7.2 Dissolution: The Company shall be dissolved upon the first of the following to occur: (i) expiration of the period fixed for the duration of the Company in the Articles of Organization as amended; (11) election by all the Members to dissolve the Company; (iii) the happening of any event of withdrawal (as defined by the New Mexico Limited Liability Company Act) with respect to any Member, unless there is at least one remaining Member and the business of the Company is continued by written consent of all the remaining Members holding a Majority in Interest within ninety (90) days of the action by or affecting the withdrawing Member; or (iv) the entry of a decree of judicial dissolution or the issuance of a certificate for administrative dissolution under the Act. Upon dissolution of the Company, the business and affairs of the Company shall terminate and be wound up and the assets of the Company shall be liquidated, provided, however, that the Members may distribute assets of the Company in kind to the Members to the extent practical. Dissolution shall be effective as of the day on which the event occurs giving rise to the dissolution, but the Company shall not terminate until there has been a winding up of the Company's business and affairs, and the assets of the Company have been distributed. 7.3 Distribution of Assets Upon Dissolution: In settling accounts after dissolution, the assets of the Company shall be paid in the following order: first, to creditors, in order of priority as provided by law including any loans to the Company from Members, but excepting those to Members on account of their capital contributions; second, an amount equal to the then remaining credit balances in the capital accounts of the Members shall be distributed to the Members in proportion to the amount of such balances; and third, any remainder shall be distributed to Members of the Company, pro rata to their respective Membership Interests. Page 8 of 11 Article VIII: Miscellaneous Provisions 8.1 Competing Business: Except as otherwise expressly provided in this Agreement or the Act, neither the Members nor their shareholders, directors, officers, employees, partners, agents, family members or affiliates, shall be prohibited or restricted from investing in or conducting, either directly or indirectly, businesses of any nature whatsoever, including the ownership and operation of businesses similar to or in the same geographical area as those held by the Company; and any investment in or conduct of any such businesses by any such person or entity shall not give rise to any claim for an accounting by any Member or the Company or any right to claim any interest therein or the profits therefrom. 8.2 Notice: All Notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Member or Members pursuant to this Agreement shall be deemed to have been properly given or served if addressed to such person at the address as it appears on the Company records and personally delivered, deposited for next day delivery by an overnight courier service, deposited in the United States mail, prepaid and registered or certified with return receipt requested, or transmitted via telecopier or other similar device to the attention of such person with receipt acknowledged. The Members shall have the right, at any time during the term of this Agreement, to change their respective addresses by delivering to the other Members written notice of such change. All distributions to any Member shall be made at the address to which notices are sent unless otherwise specified in writing by any such Member. 8.3 Governing Law: This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of New Mexico. 8.4 Waiver: No consent or waiver, express or implied, by any Member to or for the breach or default by any other Member in the performance by such other Member of his or its obligations under this Agreement shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other Member of the same or any other obligations of such other Member under this Agreement. Failure on the part of any Member to complain of any act or failure to act of any of the other Members or to declare any of the other Members in default, regardless of how long such failure continues, shall not constitute a waiver by such Member of his or its rights hereunder. Page 9of11 8.5 Benefits of Agreement: Subject to the restrictions on transferability set forth in this Agreement, this Agreement shall inure to the benefit of and be binding upon the undersigned Members and their respective legal representatives, successors and assigns. Nothing in this Agreement, expressed or implied, is intended or shall be construed to give any creditor of the Company or any creditor of any Member or any other person or entity whatsoever, other than the Members and the Company, any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenant, condition or provisions herein contained, and such provisions are and shall be held to be for the sole and exclusive benefit of the Members and the Company. A Charging Order shall be the sole legal remedy for any creditor of the Company or its Members. 8.6 Entire Agreement; Amendments; Severability; General: This Agreement, including all exhibits and schedules hereto, as amended from time to time in accordance with the terms of this Agreement, contains the entire agreement between the parties relative to the subject matters hereof. This Agreement or the Articles of Organization may only be amended or modified by a writing executed and delivered by Members owning not less than seventy- five percent (75%) of the Membership Interests. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby, and the intent of this Agreement shall be enforced to the greatest extent permitted by law. The designations of Members as used herein shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the undersigned, being all Members of the Company, have caused this Agreement to be duly adopted by the Company as of the day and year first above written and do hereby assume and agree to be bound by and to perform all of the terms and provisions set forth in this Agreement. Orenthal J. Hanson D2ga/yk.L..00-r\ (Printed Name) (Signature) Initial Organizer and Co -Manager, (Non -Member Interim Officer) Julia Overbeck (Printed Name) 0.64.0 _ &'/ (Signature) Managing Member, Co -Manager, and Sole Initial Member All of the Members. Page 10 of 11 Exhibit A Table of Membership Interests This Exhibit A is a part of that certain Operating Agreement of 144th Street REO Partners, LLC made the 10TH day of December, 2012, and is incorporated therein by reference as if fully set forth therein. The names, capital contributions, and percentage of Membership Interest of each Member is as follows: Name Capital Contribution % of interest Julia Overbeck $25,000.00 100.00 Page 11 of 11 RESOLUTIONS ADOPTED BY LLC MEMBERS OF: 144th Street REO Partners LLC The undersigned, being the member(s) and/or Manager(s) of 144th Street REO Partners LLC, a limited liability company organized and existing under the laws of the State of New Mexico (hereinafter the "Company") hereby adopt and certify the following resolutions: 1. Resolved, that 144th Street REO Partners LLC is run by the Member(s) who shall direct and appoint the Manager(s) to handle the day-to-day operational affairs of the Company and who shall not be admitted as Members, except for the Initial Member, and may be replaced at the discretion of a majority of the Members from time to time. 2. Resolved, that Orenthal J. Hanson is hereby appointed as a Manager of the Company and shall not be prohibited from binding the Company with respect to the purchase of property located at 3429 S 144th Street, Tukwila, WA 98168 and executing any related mortgage, note, title, escrow, or other documents relevant to said purchase. 3. Resolved, that all the acts taken above and resolutions are approved, ratified, and adopted. IN WITNESS WHEREOF, THE UNDERSIGNED HAS AUTHORIZED THE AFOREMENTIONED RESOLUTION AS OF DECEMBER 11, 2012. Member(s) Signature: Printed Name: LE MEMBER JULIA OVERBECK///1P•d/)--_ Date: Resignation of Managing Member of 144th Street REO Partners LLC 1. The name of the limited liability company as it appears on the records: 144th Street REO Partners LLC 2. This limited liability company was organized under the laws of: New Mexico 3. The registration number of this limited liability company is: 4689941 4. I, ORENTHAL J. HANSON, hereby resign as MANAGING MEMBER, (Print Name of Person Resigning) (Print Title) of this limited liability company and will not receive a buyout of any amount or consideration of any kind and do hereby swear that the above mentioned limited liability company has been notified of my resignation in writing. 1 Signa of Resigning Member, Managing Member or Manager Date (o STATE OF WASHINGTON COUNTY OF t(ui-kci On this day personally appeared before me 0 €6A5 , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and seal of office this day of Qdcjb,".._ Notary Public residing at Printed Name: Pik e, ta—. i117(.(> My Commission Expires: 3(a5l(—) Notary Public State of Washington DEBBIE A. SUELZLE MY COMMISSION EXPIRES March 25, 2017 RESOLUTIONS ADOPTED BY LLC MEMBERS OF: 144TH STREET REO PARTNERS LLC The undersigned, being the sole member(s) of 144th Street REO Partners LLC hereby adopt the following resolutions: 1. Resolved, that the resignation of Orenthal J. Hanson as Managing Member is hereby approved and ratified, and; 2. Resolved, that Michael D. Overbeck is hereby appointed and confirmed as the new Managing Member as of the date first signed below. 3. Resolved, that all the acts taken above and resolutions are approved, ratified, and adopted. Members(s) Signature: Printed Name: Date: 971411. -r bG-etk) Julia Overbeck; Sole Member f `VI/3 Manager's Signature: 1 Michael D. Overbeck 41/ 3 Branch :WLK User :CSCU .Ti 3/1-1Lk After recording return to: 144th Street REO Partners LLC, a New Mexico Limited Liability Company 4620 S 148th St. Tukwila, WA 98168 Reference: 40149968-803-T32 111:11111, , 1 ir 111111 111111111i1 20150528001796 74.00 PACE -001 OF 003 05120/2015 15:53 IaNC COUNTY, WA E2732957 05/28/2015 15:52 KING COUNTY, W TAX $10.00 SALE $0,00 QUIT CLAIM DEED THE GRANTOR(S), Julia D. Overbeck, a married woman as her separate property, for and In consideration of mere change in form or identity 11 PAGE -001 OF 001 in hand pad, conveys and quit claims to 144°' St. REO Partners, LLC, a New Mexico Limited Liability Company the following described real estate, situated in the County of King , State of Washington, together with all after acquired title of the grantor(s) herein: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Abbreviated Legal: (Required if full leg& not inserted above.) PORTION OF LOTS 4 AND 5 IN BLOCK 2 Of ADAMS HOME TRACTS Tax Parcel Number(s): 004000009409, 004000008 07 Page 1 of 3 CW Titte KING, WA Document:DED QCL 2015.0528001796 Printed on:6/18/2015 9:27 AM LPB-12-05(Itr) (01/06) Page:1 of 3 Branch :WLK User :CSCU Reference: Quit Claim Deed 40149968-803-T]2 Dated: Mav 11. 2015 Overbeck State of Washington County of On thi. /17 SS:. 2-0fS to be th acknowledged t deed for the Given and din and who executed 1 signed the same as erein mentioned. seal the day and year last above written. before me personally appeared to me known and foregoing Instrument, and free and voluntary act and Notary Public in fo t StatA.14""),7741'-' Rending at My Appointment expires: Notary PubiiC State al Washington CALE C PETERSON y My Appointment Expires Jul 10. 2018 Page 2 of 3 LPE3-1.2-O5(1tr) (01/06) KING, WA Document:DED QCL 2015.0528001796 Page:2 of 3 Printed on:6/1.8/2015 9:27 AM Branch :WLK User :CSCU EXHIBIT A PARCEL A: THE EAST 65.15 FEET OF LOT 4 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR.; EXCEPT THE NORTH 3,5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA I3Y DEED RECORDED UNDER KING COUNTY RECORDING NO. 20050518000267; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B.: LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF King COUNTY AUDITOR; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966 UNDER RECORDING NO. 6060692; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. KING, WA Document:DED QCL 2015.0528001796 Page:3 of 3 Printed on:6/18/2015 9:27 AM Osterly Park Townhomes Response to Condition #10 — Final subdivision Phase 1 17.14.040 Phasing The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. All land within the approved. Phase 1 has been appropriated to an approved Tract or Lot that meets the requirements of the preliminary approval. The side walk in the right of way had to be updated to match the entrance into the subdivision but there were no off site improvements required as all Utilities were stubbed on the property with the exception of the gas service, and. Pudget Sound. Energy pulled their own permit and install all off and onsite service lines. 2. The sequence and timing of development is identified on a map. 'There are two phases in this project, the submission. for Phase one clearly shows the area of each phase. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. Phase 1 meets all requirements as a standalone project, In the event that there was no phase 2 constructed, phase 1 would stand on its own as meeting all city codes. This was reviewed by the planning staff as well. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. The fire lane was reviewed and approved by the fire Marshall. Two spaces of guest parking are provided in phase one. Power, Water, Sewer, Gas, Comcast; Century Link all have provided stub outs for phase 2. 70% of the Storm drain system was installed for both phases in phase one, phase one is around one-third of the total area of the complete subdivision. The stormtech system installed can be added to in phase two to complete the requirement for the entire subdivision. 5. All phases shall be recorded within the five-year life of the preliminary plat, unless an extension is granted. As soon as 55 % of phase one is sold, we hope to begin construction on phase two and meet the five year deadline for the current subdivision approval. Mike Overbeck Osterly Park Townhomes WWW . C W T I T L E. N E T 11201 SE 8th ST, Suite 200 Bellevue, WA 98004 Phone: (425) 896-3800 Fax: (425) 896-3988 COMMITMENT FOR TITLE INSURANCE ISSUED BY TITLE RESOURCES GUARANTY COMPANY SCHEDULE A Order No.: FS -40154719 RECEIVED AUG 042015 Community 1. Effective Date: July 15, 2015 at 8:00 a.m. Commitment No.: FS 40154719 Development 2. Policy or Policies to be issued: ALTA Standard Loan Policy 06-17-2006 With 5% Electronic Discount Proposed Insured: WADOT Capital Inc Amount: $280,000.00 Premium: $ 469.00 Agent Portion of Premium: Tax: $ 44.56 Underwriter Portion of Premium: Total: $ 513.56 $422.10 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the Effective Date hereof vested in: $46.90 144th St. REO Partners, LLC, who also appears of record as 144th Street REO Partners, LLC a New Mexico limited liability company 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. TRGC Form: WA 09/28/2011 EXHIBIT "A" PARCEL A: Order No: FS -40154719 THE EAST 65.15 FEET OF LOT 4 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR; EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 20050518000267; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966 UNDER RECORDING NO. 6060692; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Order No.: FS -40154719 COMMITMENT FOR TITLE INSURANCE ISSUED BY TITLE RESOURCES GUARANTY COMPANY SCHEDULE B - SECTION I REQUIREMENTS: The following requirements must be satisfied (unless otherwise noted, all documents required to be recorded must be recorded in the official real estate records of the county in which said property is located): 1. Payment of the necessary consideration for the estate or interest to be insured. 2. Pay all premiums, fees and charges for the policy. 3. Documents satisfactory to the Company creating the estate or interest to be insured, must be properly executed, delivered and duly filed of record. 4. Payment of all taxes and/or assessments levied against the Land which are due, payable or delinquent. 5. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may have additional requirements or exceptions. SCHEDULE B - SECTION II EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. See Schedule B - Section II Standard Exceptions. 2. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0040000088 YEAR BILLED PAID BALANCE 2015 $1,058.13 $0.00 $1,058.13 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,058.13. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: TOTAL ASSESSED VALUE: (AFFECTS LOT 4) TRGC Form: WA 09/28/2011 2413 $79,000.00 $0.00 $79,000.00 Order No.: FS -40154719 SCHEDULE B- SECTION II (CONTINUED) 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0040000094 YEAR BILLED PAID BALANCE 2015 $3,347.47 $0.00 $3,347.47 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,347.47. LEVY CODE: 2413 ASSESSED VALUE LAND: $251,700.00 ASSESSED VALUE IMPROVEMENTS: $0.00 TOTAL ASSESSED VALUE $251,700.00 (AFFECTS LOT 5) 3. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6060692. (AFFECTS LOT 5) 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: DRAINAGE PIPELINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 6319966 (AFFECTS LOT 5) 5. WEATHERIZATION ASSISTANCE PROGRAM PERMISSION AND COVENANT FOR INSTALLATION IMPOSED BY INSTRUMENT RECORDED ON MARCH 5, 1990, UNDER RECORDING NO. 9003051677. (AFFECTS LOT 5) 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF SEATTLE, A MUNICIPAL CORPORATION PURPOSE: UNDERGROUND ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 20, 2011 RECORDING NO.: 20110420000543 (AFFECTS LOT 5) 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS, STORM SYSTEM AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 20131001001350 (AFFECTS LOTS 4 AND 5) TRGC Form: WA 09/28/2011 SCHEDULE B- SECTION II (CONTINUED) 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: (AFFECTS LOT 4) Order No.: FS -40154719 PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION TRANSMISSION, DISTRIBUTION AND SALE OF GAS A PORTION OF SAID PREMISES JANUARY 29, 2015 20150129001483 9. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: JULIA D. OVERBECK, AS HER SEPARATE ESTATE; AND 144TH ST REO PARTNERS LLC, A NEW MEXICO LIMITED LIABILITY COMPANY, WHO ALSO APPEARS OF RECORD AS 144TH STREET REO PARTNERS LLC, A NEW MEXICO LIMITED LIABILITY COMPANY CW TITLE COMPANY WADOT CAPITAL, INC. $142,500.00 SEPTEMBER 30, 2014 OCTOBER 1, 2014 20141001001141 ASSIGNMENT OF DEED OF TRUST: ASSIGNEE: RECORDED: RECORDING NO.: LORNTY CAPITAL LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 50%, AND MASON HELMS AND SHELLY HELMS, HUSBAND AND WIFE, AS TO AN UNDIVIDED 50%, C/O WADOT CAPITAL INC. OCTOBER 2, 2014 20141002000882 (AFFECTS LOTS 4 AND 5) 10. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: JULIA D. OVERBECK, AS HER SEPARATE ESTATE; AND 144TH ST REO PARTNERS LLC, A NEW MEXICO LIMITED LIABILITY COMPANY, WHO ALSO APPEARS OF RECORD AS 144TH STREET REO PARTNERS LLC, A NEW MEXICO LIMITED LIABILITY COMPANY CW TITLE COMPANY WADOT CAPITAL, INC. $35,449.00 MARCH 31, 2015 APRIL 7, 2015 20150407001439 (AFFECTS LOTS 4 AND 5) TRGC Form: WA 09/28/2011 SCHEDULE B- SECTION II (CONTINUED) 11. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: Order No.: FS -40154719 144TH ST REO PARTNERS LLC, A NEW MEXICO LIMITED LIABILITY COMPANY, WHO ALSO APPEARS OF RECORD AS 144TH STREET REO PARTNERS LLC, A NEW MEXICO LIMITED LIABILITY COMPANY CW TITLE COMPANY WADOT CAPITAL, INC. $532,000.00 MAY 12, 2015 MAY 28, 2015 20150528001797 ASSIGNMENT OF DEED OF TRUST: ASSIGNEE: RECORDED: RECORDING NO.: PATRICIA ALDER, AS TO AN UNDIVIDED 6.58%, R. JEFF OVER AND DENISE OVER, AS TO AN UNDIVIDED 9.40%, JOHN G. AND KELLY E. OLERUD REVOCABLE LIVING TRUST, AS TO AN UNDIVIDED 18.80%, MCQUISTON MARITAL TRUST, AS TO AN UNDIVIDED 18.80%, ANN MILLER, AS TO AN UNDIVIDED 14.47%, LONI HENDERSON, AS TO AN UNDIVIDED 6.58%, DAVID HENDERSON, AS TO AN UNDIVIDED 6.58%, SUSAN H. KRIEG LIVING TRUST, AS TO AN UNDIVIDED 9.40%, AND OMICROM GROUP PROFIT SHARING PLAN, AS TO AN UNDIVIDED 9.40% JUNE 9, 2015 20150609000976 (AFFECTS LOTS 4 AND 5) 12. TERMS AND CONDITIONS OF MATTERS DISCLOSED BY A PROPERLY COMPLETED OWNER'S AFFIDAVIT. PLEASE EXECUTE THE ATTACHED OWNER'S AFFIDAVIT AND RETURN TO THE COMPANY AS SOON AS POSSIBLE. PLEASE NOTE: THE ATTACHED OWNER'S AFFIDAVIT HAS BEEN PREPARED FOR SIGNATURE BY THE OWNER SHOWN IN THE CURRENT VESTING DEED. IF THE TERMS OF OWNERSHIP OF THE SUBJECT PROPERTY HAVE CHANGED OR CHANGES OCCUR BETWEEN THE DATE OF THE COMPLETED OWNER'S AFFIDAVIT AND THE DATE OF RECORDING, PLEASE CONTACT THE TITLE COMPANY. A NEW, PROPERLY EXECUTED OWNER'S AFFIDAVIT WILL BE REQUIRED. OWNER'S AFFIDAVIT INDEMNITY AFFIDAVIT NOTE 1: WITHIN THE PAST 36 MONTHS, THE FOLLOWING CONVEYANCES HAVE BEEN RECORDED IN KING, COUNTY, WHICH AFFECT THE PROPERTY DESCRIBED IN SCHEDULE A HEREIN: A. BARGAIN AND SALE DEED, RECORDING NO. 20130909001250 B. QUIT CLAIM DEED, RECORDING NO. 20150528001796 NOTE 2: WE FIND NO PERTINENT MATTERS OF RECORD AGAINST THE NAME(S) OF SAID BORROWER(S). TRGC Form: WA 09/28/2011 NOTE 3: NOTE 4: NOTE 5: NOTE 6: NOTE 7: NOTE 8: NOTE 9: Order No.: FS -40154719 SCHEDULE B- SECTION II (CONTINUED) THE MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIENS FOR LABOR AND MATERIAL HAVE BEEN CLEARED FOR THE LOAN POLICY WHICH, WHEN ISSUED, WILL CONTAIN THE ALTA 9-06 OR WLTA 100 ENDORSEMENT, AS APPROPRIATE FOR THE POLICY FORM. BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: VACANT LAND KNOWN AS: 3421 & 3429 S 144TH STREET TUKWILA, WA 98168 MAP IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT CW TITLE MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PTN LOTS 4 & 5, BLK 2, ADAMS HOME TRACTS IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. NOTE 10: A $1.00 MAILING FEE WILL BE CHARGED PER DOCUMENT RECORDED. NOTE 11: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: TRGC Form: WA 09/28/2011 Order No.: FS -40154719 SCHEDULE B- SECTION II (CONTINUED) CW TITLE COLUMBIA CENTER 701 5TH AVENUE, 42ND FLOOR SEATTLE, WA 98104 ATTN: RECORDING DEPT. CW TITLE PRE -ADDRESSED ENVELOPES MAY STILL BE USED WHEN SENDING DOCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON THE FACE OF THE COMMITMENT COVER PAGE OR TO THE ABOVE ADDRESS. (END OF SPECIAL EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA Homeowner's Policy of Title Insurance (2-03-10), and/or the ALTA Loan Policy (6-17-06). If the policy to be issued is the ALTA Homeowner's Policy of Title Insurance (2-03-10), certain Covered Risks will be subject to maximum dollar limits of liability and deductible amounts. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. IM1 Enclosures: Sketch Vesting Deed Paragraphs All recorded encumbrances TRGC Form: WA 09/28/2011 TITLE RESOURCES GUARANTY COMPANY Order No.: FS -40154719 COMMITMENT FOR TITLE INSURANCE Issued by Title Resources Guaranty Company Title Resources Guaranty Company a Texas corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 180 days after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Title Resources Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. TRGC Form: WA 09/28/2011 4.0.± 1'+�e. Title Resources Guaranty Company E ecutive Vice President Secreta �tl/ Order No.: FS -40154719 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>. TRGC Form: WA 09/28/2011 Order No.: FS -40154719 SCHEDULE B- SECTION II (CONTINUED) STANDARD EXCEPTIONS The matters listed below each policy form are expressly excepted from the coverage of that policy and that policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason thereof. SCHEDULE B STANDARD EXCEPTIONS THAT WILL APPEAR IN ALTA OWNER'S and LOAN POLICY — STANDARD COVERAGE 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the Public Records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under Worker's Compensation Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B STANDARD EXCEPTIONS THAT WILL APPEAR IN ALTA OWNER'S POLICY — EXTENDED COVERAGE 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installations which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 5. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. TRGC Form: WA 09/28/2011 Order No.: FS -40154719 The following are the Exclusions From Coverage contained in the form of the policy or policies as described in Schedule A of the Commitment. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). TRGC Form: WA 09/28/2011 Order No.: FS -40154719 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. TRGC Form: WA 09/28/2011 Order No.: FS -40154719 AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (2-03-10) EXCLUSIONS FROM COVERAGE In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. TRGC Form: WA 09/28/2011 TITLE RESOURCES P ANTY COM' ANY Title Resources Guaranty Company CW Title Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GBLA, we are providing you with this document, which notifies you of the privacy policies and practices of CW Title and Title Resources Guaranty Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you such as on applications or other forms. • Information about your transaction we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. Order No.: FS -40154719 We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT To: Consumer Property: 3421 & 3429 S 144th Street Tukwila, WA 98168 From: CW Title Date: July 15, 2015 Thank you for contacting CW Title (hereinafter "Agent"). Agent is jointly owned by WTG LLC (80% owner) and Title Resources Guaranty Company ("TRG") (20% owner). This is to give you notice that Agent has a business relationship with Title Resources Guaranty Company, which is a title insurance underwriting company. TRG's parent company is also the one hundred percent owner of Title Resources Guaranty Company. Because of this relationship, this referral of business to the underwriter below may provide Agent a financial or other benefit. Set forth below is the estimated charge or range of charges for the underwriting services listed. You are NOT required to use the underwriter below in connection with the provision of title services. THERE ARE FREQUENTLY OTHER UNDERWRITERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. COMPANIES DESCRIPTION OF CHARGES ESTIMATE OF RANGE OF CHARGES GENERALLY MADE BY PROVIDER Title Resources Guaranty Title Insurance premium Company Title Insurance Premium between $7.72 and $4.37 per thousand dollars of policy coverage. * *This range of charges covers, as an example, policies from $100,000.00 to $400,000.00, however the cost to you will differ depending on the policy amount. TRGC Form: WA 09/28/2011 Osterly Park Townhomes RECEIVED 43. /A - AUG 0 4 2015 Community Response to Condition #10 — Final subdivision Phase 1 Development 17.14.040 Phasing The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. All land within the approved Phase 1 has been appropriated to an approved Tract or Lot that meets the requirements of the preliminary approval. The side walk in the right of way had to be updated to match the entrance into the subdivision but there were no off site improvements required as all Utilities were stubbed on the property with the exception of the gas service, and Pudget Sound. Energy pulled their own permit and install all off and onsite service lines. 2. The sequence and timing of development is identified on a map. 'Ihere are two phases in this project, the submission for Phase one clearly shows the area of each phase. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. Phase 1 meets all requirements as a standalone project, In the event that there was no phase 2 constructed, phase 1 would stand on its own as meeting all city codes. This was reviewed by the planning staff as well.. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. The fire lane was reviewed and approved by the fire Marshall. Two spaces of guest parking are provided in phase one. Power, Water, Sewer, Ga.s, Comcast, Century Link all have provided stub outs for phase 2. 70% of the Storm drain system. was installed for both phases in phase on.e, phase one is around one-third. of the total area of the complete subdivision. The stormtech system installed can be added to in phase two to complete the requirement for the entire subdivision. 5. All phases shall be recorded within the five-year life of the preliminary plat, unless an extension is granted. As soon as 55 % of phase one is sold, we hope to begin construction on phase two and meet the five year deadline for the current subdivision. approval. Mike Overbeck Osterly Park Townhomes Osterly Park Townhomes Response to New Preliminary Approval Conditions — Final subdivision Phase 1 (ref cond#10) 1. Legal access to the remaining area of tax parcel 0040000094 shall be provided through an IEasement or alternatively by combining the remaining area of tax parcel 0040000094 with tax Parcel 0040000083 This shall be included as part of the review of the Public Works permit for Phase I. Easement recorded provides access to back lot. 2. Plans for Phase I shall be revised as part of the Public Works permit to provide space for 1/ 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line Phase I. 10 ft landscape is shown on plans. this would only be needed if phase 2 was not developed. 3. A minimum of two guest parking spaces shall be added to Phase I, these spaces can be /added to the south side of the site and shall be removed at such time as the private access drive is V extended As part of Phase 1 1 The addition of the guest parking spaces and the rear yard landscaping may Require revisions to the lot or tract layout as shown in the preliminary subdivision survey Staff Recommends the design of these spaces and any necessary changes to the survey be reviewed as Part of the Public Works construction permit for Phase'. These 2 temporary parking spots were added to all phase 1 plans and currently exists onsite. Mike Overbeck Oserly Park Townhomes RECEIVED AUG 04 2015 Cornuar ty Devabpme1t CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 8300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (208) 4313870 FAX (208) 431-3886 E-mail: tukplanAtukwIla.wa.us DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington TUKWILA APPROVALS PUBLIC WORKS DIRECTORS CERTIFICATE I HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS -DF -WAY, DESIGN OF DRAINAGE SYSTEMS AND OTHER STRUCTURES. KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER<S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DD HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON(S) OR ENTITY<S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUME'IT AND ACKNOWLEDGED IT TO BE <HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES _ DAMAGE WAIVER PER TMC 17.04.060 THE FOLLOWING PERSONS OR CORPORATIONS HAVING AN INTEREST IN THE SUBDIVIDED LAND WAIVE 8Y THEM AND THEIR SUCCESSORS ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC FACILITIES AND PUBLIC PROPERTY WITHIN THE SUBDIVISION: 144TH ST. REO PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY RECORDER'S CERTIFICATE I CERTIFY THAT THE SUBDIVIDER HAS COMPLIED WITH ONE DF THE FOLLOWING; A. ALL IMPROVEMENTS HAVE BEEN INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS TITLE AND WITH THE PRELIMINARY PLAT APPROVAL, AND THAT ORIGINAL AND REPRODUCIBLE MYLAR OR ELECTRONIC RECORDS IN A FORMAT APPROVED BY PUBLIC WORKS AND MEETING CURRENT PUBLIC WORKS DRAWING STANDARDS FOE REW.D, UTILITY AND DRAINAGE CONSTRUCTION PLANS CERTIFIED BY THE DESIGNING ENGINEER AS BEING 'AS CONSTRUCTED' HAVE BEEN SUBMITTED FOR CITY RECORDS. B. AN AGREEMENT AND BOND OR OTHER FINANCIAL SECURITY HAVE BEEN EXECUTED IN ACCORDANCE WITH SECTION 17.24.030 DF THIS TITLE SUFFICIENT TO ASSURE COMPLETION OF REQUIRED IMPROVEMENTS AND CONSTRUCTION PLANS. , 20___ EXAMINED AND APPROVED BY THE CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS THIS DAY OF , 20____ FILED FOR RECORD THIS _DAY OF 20 AT .M- IN BOOK OF AT PAGE AT THE REQUEST OF MGR SUPT. OF RECORDS DIRECTOR CRY OF TUKWILA TREASURER'S CERTIRCATE 1 HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS __ DAY OF ___, 20 FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THISDAY OF _, 20 MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY 'TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION DN ANY DF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF 20____, KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS DAY OF , 20 . KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 7 1*t SOUTH 144TH STREET 0 01 C,\ —I SITE J SOUTH 146TH STREET VICINITY NOT TO SCALE LEGAL DESCRIPTIONS PARCEL 1 - TAX LOT 0040000088 THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; TOGETHER WITH A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. NO. 20131001001350; SUBJECT TO A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483. PARCEL 2 - TAX LOT 0040000094 LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; SUBJECT TO A SEATTLE CITY LIGHT EASEMENT KC REC. NO. 20110420000543; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KC REC. N0. 20131001001350; TOGETHER WITH A PUGET SOUND ENERGY EASEMENT KC REC. NO. 2015129001483. LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT DF IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M„ THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS DF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO.23604 L l y-0°6 SHEET 9 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PA. Box 813. Seahurst, WashIngton 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 10/10/14 RECEIVE© AUG 042015 Co^" nun;t/ Development CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 4313665 E-mail: tukplan1tukwila.wa.us PROPERTY NOTES City of Tukwila Plat of Osterly Park Townhomes Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 1. TRACT "A" RECORDED UNDER KING COUNTY RECORDING NUMBER IS A PRIVATE ACCESS AND UTILITIES TRACT. ALL LOTS IN OSTERLY PARK TOWNHOMES SHARE UNDIVIDED AND EQUAL INTEREST IN OWNERSHIP OF TRACT A. MAINTENANCE OF TRACT "A" SHALL BE SHARED EOUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. OWNERSHIP, OPERATION AND MAINTENANCE OF' TRACT A RECORDED UNDER KING COUNTY RECORDING NUMBER SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION. 2. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT 0 RECORDED UNDER KING COUNTY RECORDING NUMBER SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION. 3. THE 10 FOOT PRIVATE SANITARY SEWER EASEMENTS RECORDED UNDER RECORDING NUMBER ARE FOR THE BENEFIT OF THE LOTS SHOWN ON THIS SUBDIVISION. MAINTENANCE, REPAIR, AND/OR REBUILDING OF THESE FACILITIES SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. 4. THE UNIT LOTS ARE NOT SEPARATE BUILDABLE LOTS, AND ADDITIONAL DEVELOPMENT ON THE INDIVIDUAL UNIT LOTS MAY BE LIMITED AS A RESULT OF THE APPLICATION OF DEVELOPMENT TO THE PARENT LOT. 5. THE FOLLOWING CONDITIONS OF PRELIMINARY APPROVAL SHALL BE DEFERRED TO BUILDING PERMIT FOR INDIVIDUAL UNITS: A) CONSTRUCTION OF PERIMETER FENCE, RECREATION AREA, AND LANDSCAPING SHALL BE DEFERRED TO THE BUILDING PERMITS. b) SCREENING OF THE INDIVIDUAL METERS, ELECTRICAL BOXES AND SIMILAR EQUIPMENT NECESSARY FOR PROJECT INFRASTRUCTURE SHALL BE REVIEWED AS PART OF THE BUILDING PERMIT FOR EACH UNIT. TRACT A THAT PORTION OF THE EAST 65.15 FEET OF LOT 4, EXCEPTING THE NORTH 3.5 FEET THEREOF AND OF LOT 5, EXCEPTING THE EAST 60 FEET AND THE NORTH 10.00 FEET THEREOF ALL IN BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; BEGINNING AT THE NORTHWEST CORNER OF LOT 18, PLAT OF OSTERLY PARK TOWNHOMES (PHASE ONE), ON THE SOUTHERLY MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 01'09'52" WEST 151.20 FEET: THENCE NORTH 87'33'54" WEST 30.01 FEET; NORTH 01'09'52" EAST 157.68 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 144TH STREET: THENCE SOUTH 87'35'32" EAST, ALONG SAID MARGIN, 13.21 FEET; THENCE SOUTH 01'09'52" WEST 6.50 FEET TO THE SOUTHERLY MARGIN OF SAID SOUTH 14411-I STREET; THENCE SOUTH 87'35'33" EAST, ALONG SAID MARGIN, 16.79 FEET TO THE POINT OF BEGINNING. - 6° SHEET 2 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.0. Box 813, Seahurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 7/29/15 RECEIVED AUG 04 2015 t-ammunity Dcvcopmert CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila Department of Community Development 8300 Southcenter Boulevard, Tukwila, WA 98186 Telephone (206) 4313670 FAX (206) 431-3665 E-mail: tukplan0Stukwifa.wa.us Found 2" bross disk w/"X" in concrete in case - 11/11/07 w 30' GRAPHIC SCALE Is w 60 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 3.5' conveyed to the City of Tukwila Rec. #20050518000267 0 N cis ,O eco N87'35'33' W (c) N87'35'52"W (m) South /44th Street NO10952"E 6.50' S87'35'33"E — -T30.07 North end 4' chain link fence is 0.3' north & 0.9' east of set rebar w/cop New Private 2 driveway easement REBAR W/CAP SET 5/15/14 (TYP) 10' BSB 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #_ PHASE 2 120 ( IN FEET ) 1 inch = 30 fL Set concrete monument in case on the northerly projection of the centerline of Tract A with the centerline of S. 144th St. - 7/15 10' Exception for Rood Rec. #6060692. It -i-------6-6.94' ^ ;587'35'3.3"E— f O0r7•Sit__ 16.79i; 1.9- 3 ^I` 3–` y LOT `Lt'�'� 18 19 �' . L vi w J as J {28 2(;',p +r) ro ro 0 p a Z .O 60.00' EXCEPTION —� NEW PRIVATE SANITARY SEWER EASEMENT REC 0 N LOT LOT ! 4 20 X21 � Ik roi4' 1m V1 N' U}i71 (.6 M, I r,^ ImJ J NI I 5 ('� �mgMo -- 10'x,01,, o,'�p�jJ I2 r1 I rn ""oro i I O O Z Z Iy N �.ro d. IZ _ .. I j — -171 w I S88_'_ '22"E w N ew Private 24' y� N I 58850'22'E I driveway easement (K) 30.00' • LiVf ro vi "� --, � I ti i 21.3 30.00 a -0/ n_ ct a I __T , LOT I lJC.7 N I'VI W J ,IOJ ILOT' Ion, N C ..... C 3I Lrii �1 N 1 o ZM 22w o Upo rn I EI V l.' a °i :51! ImO 10' NEW PRIVATE SANITARY 0 0l N Z� o a " lb,.u1SEWER EASEMENT REC. T. V)- a, �o qo0) 1 o Ioc S- 7;214zIoo ?.IO(27p0'z�I�/0.'o 10' _24.92' s v 0in .:71°:8:".87°.510 �� 51.92'ynz mI N 88'50'22"E o! v I p S88'50'22'E ; u1 �, 1—,87.33, is o 5 N a N ( :587' I ■ ' . _i__-- 30 01' 51.94' B S4"E \ TRACT D:— I TEMPORARY RECREATION TRACT Private Ingress, egress and Utilities Easement Rec. No. 20131001001350 Seottle City Light Easement) Rec. No. 20110420000543 10 Drainage Easement per KC Rec. No. 6319966 LEGEND Concrete Monument in Case Monument no case Tack in Lead or Nail & Disk Set rebar w/cap #23604 Found pipe or rebar Boundary Lines 3,54" t20.o0� I I (2) Temp. parking spaces 1 00 68.75' N67'49'57"W Set 2"x2" hub w/tack (P) Plat bearing or distance (c) calculated bearing or distance Old Lot Lines Easement Lines GP Guest Parking CO 0 2430.54' (m) Found brass pin w/punch mork in concrete in case - 11/11/07 1748.47' Basis of Bearing of this survey ore monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. LOT WIDTHS LOTS RANGE IN WIDTHS FROM 21.92 FEET TO 30.01 FEET LOT AND TRACT AREAS TRACT A = 4,621 sf ± or 0.11 acres ± RECREATION TRACT D 1,341 sf t or 0.03 LOT 16 = 1,242 sf ± or 0.03 acres t 6 LOT 17 = 1,614 sf t or 0.04 acres ± LOT 18 = 1,466 sf ± or 0.03 ocres 4 LOT 19 = 1,990 sf ± or 0.05 acres t LOT 20 = 2,252 sf ± or 0.05 acres ± LOT 21 = 1,634 sf ± or 0.04 acres t LOT 22 = 1,677 sf ± or 0.04 acres ± LOT 23 = 1,283 sf ± or 0.03 acres ± LOT 100 = 12.017 sf t or 0.28 acres t SURVEY NOTES acres ± 1. Field data for this survey was obtained by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by a steel tope. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 q -060 Found 2" bross disk w/punch mark in concrete in case - 11/11/07 Sou/h /48th Street SHEET 3 OF 4 SCHROETER®LAND SURVEYING PROFESSIONAL LAND SURVEYORS PA. Box 913, Seahurst, Washington 98062 (206) 242-6621 FAX (2061243-9679 DATE: 9/16/09 I PROJECT NO. 07181 DRWN BY LAW J08 NO. 530/4 Jt FIELD DATE 11/11/07 REVISED 7/29/15 CE1VED AUG 042015 ^1Tunity clopmert 404,x* „„,45,_ o H\ ,} CITY OF TUKWILA FILE NO. L14-0066 City of Tukwila City of Tukwila Department of Community Development Plat of Osterly Park Townhomes (PHASE ONE) 6300 Southcenter Boulevard, Tukwila, WA 98188 E•mail:tukplanrlephone 6)4313i6lawFX aus(206)4314665 Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington ASBUILT CONDITION S 08/13/08 Existing fire hydrant i; D° DETAIL: EASEMENT LOCATIONS South 144th — -------Street ) — S8T35'33'E 0 N _ f — --_ - _ - I 1 0 ,6 — —` 13.21' i- 3.5o' -- -,- _ ,,,c?, to o t 0 la_ 1 0 —------_=, 'o 16.791 — — I -7 ___—— 0 _ oI — r o 30,01 South 744th Street 1 - _ I 10' Exception for Road b e — sconcre scurEn. _ N SCL vault curb cut ( fi concrete walk _ ______ _ s o ®s .01 y o • `_'- b cut N 1 I I 1- —i LOT -- LOT o u I — LOT I 'NEW PRIVATE SANITARY SEWER EASEMENT REC. iE North end 4' chain link fence is 0.3' north & 0.9' east of set rebor w/cop P wood fence 65.15' • N8T35'32"W' ` 1 re µ e'sOCedn "' a o 5 .. t N01'09'S2"E _ A 68.73' S8 85'3' ° ointed 0 sewer line (green)a i ` ( — o New Private 120 21 D ! 19 I I 24' driveway easement (J) for the benefit of Townhomes 20, 21, 22 and 23 ' I o G o _ 41 — _`- 92' 0 ^ W (• (. -.2i . 18T New Private 24' driveway I easement (I) for the benefit of — I_ii 1 Townhomes 16, 17, 18 and 19 `R-- I 0.9' I. 4 ori C>.-- o , S eemc, O e / LF Tp carport Existinq House o In 6.50' a ° easti edge concrete a 1 I I I -N- 41 LOT (22 -ov 93— N LOT 23 i Q W cc (/) N' . 3 n Q N Fo I N 41.93' LOT 16 o -'-of N LO} I T 17 N _ I ' #3421 ( oil fill 90 PARCEL 2 -e LS' CQP 0 * 9 TL 0040000094 10' NEW PRIVATE SANITARY—^ (' SEWER EASEMENT I 1 New Private 5' sidewalk 1 24.92'Io 4 I o O1 V x_25_93' Z rtt Z 1.1 i. C> S o, 1.3' r- — _g m p I $ PARCEL 1 TL 0040000088 T N87'3'56„W ` 'K _65.15 m 0 aia ,y6'(1r Found old cb standin water 9 down 5' (na to outlet found) v s o (o 0 a, d e wood fence & o CL swolem m t 3 ° o I ES cn set 2'x2” w/tock / Existing Building --i n Mo Existing :wilding 1o easement (K) for the 7 ( benefit of TownhomesTRACT D: CX 'rl- I-• ' 25.93'. -I t L NEW PRIVATE SANITARY 22 and 23 _ — _ — — TEMPORARY RECREATION TRACT N8733'S4"W 30.01' 1,-...-1---{ I L - (2) Temp. I parking spoceS ° t °E c----- '6 n - o oI-- o P- d E` 2 3 u 61 0 z v LOT 100 ---10' SEWER EASEMENT SO UVCDL,-SU U 11 GRAPHIC SCALE 0 15 b 60 120 / ....- o set rebor w/cap 2.00' H Q O t offset west GRAPHIC SCALE 30 015 30 60 .20 0 co 0 `=ili ( 1N FEET ) t inch = 30 ft — — LEGEND a 1 oyr 5' 64N87'49'.1 chain link fence is east of line r (14 Concrete Monument in Case iia Catch Basin X Tack in Lead or Nail & Disk Dd Gas Valve 0 Set rebor w/cap #23604 «" Water Vale PROPERTY NOTES: © Found pipe or rebor D4 Hydrant l9 sewer manhole 1. TAX LOT 0040000094 IS SUBJECT TO RIGHT TO MAKE storm drain manhole r Power pole NECESSARY CUTS AND FILLS UNDER KING COUNTY RECORDING Deciduous Tree NUMBER 6060692. "❑ water meter 2. TAX LOT 0040000094 IS SUBJECT TO A DRAINAGE PIPELINE Evergreen Tree power pole w/light UNDER KING COUNTY RECORDING NUMBER 6319966. ( !tt PEET ) 1 inch = 30 ft SHEET 4 OF 4 SCHROETER PROFESSIONAL P.O. Box 813. Seahurst, Washington LAND SURVEYING LAND SURVEYORS 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 7/29/15 e(3r Osterly Park Townhomes Response to New Preliminary Approval Conditions — Final subdivision Phase 1 (ref cond#10) 1. Legal access to the remaining area of tax parcel 0040000094 shall be provided through an Easement or alternatively by combining the remaining area of tax parcel 0040000094 with tax Parcel 0040000083 This shall be included as part of the review of the Public Works permit for Phase I. Easement recorded provides access to back lot. 2. Plans for Phase I shall be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line Phase I. 10 ft landscape is shown on plans, this would only be needed if phase 2 was not developed. 3. A minimum of two guest parking spaces shall be added to Phase I, these spaces can be added to the south side of the site and shall be removed at such time as the private access drive is extended As part of Phase 1 1 The addition of the guest parking spaces and the rear yard landscaping may Require revisions to the lot or tract layout as shown in the preliminary subdivision survey Staff Recommends the design of these spaces and any necessary changes to the survey be reviewed as Part of the Public Works construction permit for Phasel. "These 2 temporary parking spots were added to all phase I plans and currently exists onsite. Mike Overbeck Oserly Park Townhomes �1j�5_ v/ Osterly Park Townhomes Response to Condition #10 — Final subdivision Phase 1 17.14.040 Phasing The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. All land within the approved Phase 1 has been appropriated to an approved Tract or Lot that meets the requirements of the preliminary approval. The side walk in the right of way had to be updated to match the entrance into the subdivision but there were no off site improvements required as all Utilities were stubbed on the property with the exception of the gas service, and. Pudget Sound Energy pulled their own permit and install all off and onsite service lines. 2. The sequence and timing of development is identified on a map. Th.ere are two phases in this project, the submission for Phase one clearly shows the area of each phase. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. Phase 1 meets all requirements as a standalone project, In th.e event that there was no phase 2 constructed, phase 1 would stand on its own as meeting all city codes. This was reviewed by the planning staff as well.. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. The fire lane was reviewed and approved by the fire Marshall. Two spaces of guest parking are provided in phase one. Power, Water, Sewer, Gas, Comcast, Century Link all have provided stub outs for phase 2. 70% of the Storm drain system was installed for both phases in phase one, phase one is around one-third of the total area of the complete subdivision. The stormtech system installed can be added to in phase two to complete the requirement for the entire subdivision. 5. All phases shall be recorded within the five-year life of the preliminary plat, unless an extension is granted. As soon as 55 % of phase one is sold, we hope to begin construction on phase two and. meet the five year deadline for the current subdivisio:n. approval. Mike Overbeck Osterly Park Townhomes June 19, 2015 Mr. Mike Overbeck 4620 S 148th Street Tukwila, WA 98168 City of Tukwila . Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Re: Comments on final subdivision submittal — Osterlv ParkTownhomes (Tukwila file # L14- 0066) Dear Mr. Overbeck, We have completed a review of your application for a final subdivision. Below are comments from each department. Fire Department Comments 1) Add the assigned addresses and private street names to sub division documents. 2) The private road maintenance agreement between all lots should include a phrase on fire lane maintenance. Building Department Comments • No comments Public Works Department Comments 1. Survey monument which installation was missed under the Public Works permit shall be installed in S 144th St @ the intersection with private access road ASAP. Please note that monument installation requires Public Works inspection. PW has notified the applicant already. 2. Modify DEDICATION paragraph by deleting "acceptance" in the last sentence. Clarify who is authorized to sign. It appears property is now owned by Julia Overbeck as her separate estate and S 44th St ROE and modify the signature block. Revise PW Directors Certificate. 3. Legal description of the existing parcels 1 and 2 shall be modified to include previously recorded Seattle City Light Easement and Private Ingress, Egress, Storm System and Utilities Easement. See attached. 4. Add meet and bounds legal description of Tract A to the survey. 5. On sheet 2 of 3: a) show and label SCL easement b) show monument in S 144th St c)LOT AND TRACT AREAS shall be updated to match existing lot numbering system on the survey map. JR Page 1 of 3 06/19/2015 H:WinalSub_L14-0066_OsterlyPark Review Comments_6-12-2015.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 6. CC&R's a) has different " declarants" Osterly Park Townhomes, LLC on page 2 and 144th Street REO Partners, LLC.; Please clarify b) delete swimming pool in 7.3.6. on page 16 c) ARTICLE 9.1 (b) on page 21 calls for reciprocal appurtenant easement for encroachment, overhang between adjacent lots due to shifting, settling, etc Does it require a separate easement document? d) NATIVE GROWTH PROTECTION AREAS 9.6 on page 23 — we do not have these in this project so it should be taken out. 7. See red -lines for additional comments. 8. Per City Attorney access easement recorded is not a valid easement and should be amended to include the following clause: " It is the intent of the Grantor that this agreement shall not be extinguished by the doctrine of merger. See attached sample. 9. Survey monuments are required to mark the property corners of each lot. Planning Department Comments 1. Add a note to the plat stating the fact that unit Tots are not separate buildable lots, and additional development on the individual unit lots may be limited as a result of the application of development standards to the parent lot. 2. Tukwila file number L14-0066 to all sheets of the subdivision plat. 3. Per TMC 17.04.060, the certificate bearing the printed names of all persons having interest in the subdivided land shall include a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. 4. Revise lot numbers on survey sheets to be consistent with new number system (starting with 1) - see redlines. 5. A plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days. 6. Also, please note that the following conditions of preliminary approval shall be deferred to building permit for individual units: a) Construction of perimeter fence, recreation area, and landscaping shall be deferred to the building permits. b) Screening of individual meters, electrical boxes and similar equipment necessary for project infrastructure shall be reviewed as part of the building permit for each unit. 7. Tract A is noted as jointly owned by all the parcels, however Tract D is noted as owned by home owners' association. Everything should be owned by the homeowners association. Please revise the note #1 and #2. 8. See Public Works comments on Tract A easement language as noted above. In addition driveway easements for each cluster of four lots are noted on the plan, but the lot numbering is incorrect. A. Also, the maintenance responsibilities of the driveway should be addressed. 9. CCR's should reflect the phase 1 and phase 2 scenarios. For instance if only Phase 1 is constructed then maintenance is shared by only those lots that are part of Phase 1. Also, Tract D temp recreation tract should be addressed. Page 2 of 3 06/19/2015 10. Provide a written response to all the conditions of approval of the preliminary approval and how those have been met. 11. Provide a written response to code criteria for approval of phasing plan (SeeTMC 17.14.040 below). TMC 17.14.040 Phasing The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. 2. The sequence and timing of development is identified on a map. 3. Each phase shall consist of a contiguous group of Tots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. 5. All phases shall be recorded within the five-year life of the preliminary plat, unless an extension is granted. If you have any questions, you can reach me at 206-431-3685. Minnie Dhaliwal Planning Supervisor Page 3 of 3 06/19/2015 Minnie Dhaliwal From: Minnie Dhaliwal Sent: Friday, June 19, 2015 2:53 PM To: 'Mike' Cc: Jack Pace; Brenda Holt; Bill Rambo; Rachelle Ripley; Carol Lumb; Valerie Lonneman Subject: Osterly Park Building permits Mike, This is in response to your letter to Jack Pace that was received by the city on June 10, 2015. You have requested that building permits for the 2nd building be reviewed and issued while you are trying to get final subdivision approval for the plat, as there are two existing separate legal Tots (parcel number 0040000094 and 004000088). Given that there are two separate Tots you are able to construct buildings on each individual lots without platting as long as you meet the development standards of MDR zone and comply with all the building/fire code regulations. Also, since you have recorded the access easement, access to these units has been addressed. Please show existing lot lines and setbacks from the existing property lines on the site plan that you submit as part of your building permit for the second building. I have copied Permit Techs, Brenda Holt and the reviewers from the planning department so everyone here knows that you will be submitting permits for the 2nd building. Let me know if you have any other questions. Minnie Newtie Vkilievai Planning Supervisor 1 City of Tukwila 6300 Southcenter Blvd, Suite 100 I Tukwila, WA 98188 Ph. 206-431-3685 Minnie.Dhaliwal@TukwilaWA.gov The City of choice, the community of opportunity 1 Dear: Jack Pace / City of Tukwila Jack, I am writing you to request the second building permit (Units B20-21) for Osterly Park townhomes be released while I am trying to get my Final subdivision. I turned in and paid in full my final Subdivision application conditions about four months ago. Jaimie Reavis has been very helpful but out for a few weeks, I have not received a writing update on my Final subdivision in the four months, although I have gotten comments about the things they are trying to work out. I was given permission to build Unit b18-19, that is on Tax Parcel 0040000094 currently. Unit B20-21, would be on Tax Parcel 0040000088, thus having only 1 building per Tax parcel prior to the Final Sub Division. In addition, I will swiftly make sure that any conditions for my Final sub Division permit are turned in to the city as .requested. Thank You Mike Overbeck 4620 S 148th St Tukwila WA 98168 206-787-0259 City of Tukwila Plat of Osterly Park Townhomes Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington ASBUILT CONDITION S 08/13/08 DETAIL: EASEMENT LOCATIONS SOUth 144th ___ N "I" SCL vault curb cut - North end 4' chain link fence is 0.3' north & 0.9' -- -__ Street 1 y I concre a Scu 3m. r--3 walk I v, 6' concrete '—' — — e N87'35'32"W .......®. eyr ;1 1.M ..focv r e' yc• Existing fire hydrant 10' Exception for Road — o s „ — _wrb c cut _ o 68.73 " f'3__.. _. s.19 -§a -e:9,--- 8 '3533 EP ?. -.painted '' o sewer line IX w N — ----- n South — N I ' " — — —' — — — — ..-- — — _. _ .._._...... I • Iev 21 i. \ f I ren✓ ei4 e r "----4-.., I ' 'C New Private 24' driveway 144th — — ._.. 0 Street --- ' 5 o _ f L- • i-18— r — — o N ._ — -o .._..___ __... o I 19 D C, ef 'e)Pg-') I — - C Il = east of set rebar w/cop wood fence 0.9' --J H 9 4 ou?; oil filt- \ 3' cop \ o a SI"ai (green) 'p (g ) i ► S , ' eFgGc I m 10 carport i edse I Existing #3421 ' concrete 9• ° P TL 0040000094 lI I W i eosement (J) for the benefit of ` :, Townhomes 20, 21, 22 and 23 E _ _; Ur I 41.92' ; . 1, ._ : ---{ - - : W - 1.93' -- 4 II—I/ 41:93' — Lll _ 41.93" 1 I 0 — i I I 122 23 16 ` 17 10' NEW PRIVATE SANITARY--; New Private 24' driveway easement (I) for the benefit of Townhomes 16, 17, 18 and 19 II 1.1'-- -.-- Lo 46. „C' S 3' —'jf • —u —i.... — — — —0:;_..'4§15 Lot Line to be Removed i (v' g [ ze Found old cb Existing a I7 Buildin + standing woter 1 9 dawn 5' (no TL 0040000088 '• mom outlet found) _N8733'5¢"W e0 o t:( e o Botlyo wood fence & CL Swale O. 3 ,E Existing _ .wilding :n j P \ .--- j set 2 o2" w/tack- 1A L I-'- SEWER EASEMENT ..i New Private 5' sidewolk 24 2' _..__ ....._.__...._ ....24_@2_ I easement K) for the benefit of Townhomes 22 and 23 TRACT D: J RECREATION I TRACT / \ j —............_...._._; Z — 93 -7H.. Q 2.93' —_ a or. - o V n` E vi N _ z a°i.- _-10' NEW PRIVATE SANITARY SEWER EASEMENT ; / \ f --set rebar w/cap 2.00' MC:1 34M offset west o GRAPHIC SCALE ni ❑\J W U nJ Rt` OG34s chain link fence is ( 18 ,) 1 inch - 30 ft.i n east of line o.° e -,s 6e.75' N87'49'57"W (c) -- -'_.._....._. GRAPHIC SCALE ao e w LEGEND r M J V ® Concrete Monument in Case IR Catch Basin ' 1p. ,,,...+++ + X Tack in Lead or Nail & Disk A Cos Valve / 61 Y' '{-1 2-1-11-)(( O Set rebor w/cap 23604 `V Water valva O Found pipe or rebar Di ) 1 ince - 30 n SHEET 3 OF 3 C } Hydrant © sewer manhole CIA •o, Power pole 7 t;6^a ® storm drain manhole Deciduous Tree wn 0 water meter SCHROETER NI PROFESSIONAL 9.0. Box 813, Seohurst, Washington LAND SURVEYING LAND SURVEYORS 98062 (206) 242-6621 FAX (206)243-9679 Evergreen Tree { power pole w/light DATE 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 1/11/12 ;cape plan are Jtility plans for approval prior to construction. PHASE 1 South 144th Street SS PHASE11 1 !dal' to remain FUTURE PHASE FUTURE PHAS NU. .11 landscape ambit. post of edrnonds • p h n /1 a x: WWW•sli WA: REI LANDSC) CHAD CERTIFI Sal Furney's Nursery, Inc. PO Box 13150 21215 International Blvd Des Moines, WA 98198 Phone: 206-624-0634 Fax: 206-878-0673 happyGardenInc. 2628 S 138th St. Seatac, WA 98168-3862 NO: PO: DATE: I-81194 14401 04/25/16 04/25/16 SHIP DATE: VIA: COD TERMS: SI Iappy Garden Inc. 2628 S 138th St. Seatac, WA 98168-3862 QTY. SHIPPED DESCRIPTION UNIT PRICE TOTAL 2 Cornu n. 'Eddie's White Wo 10 g. 65.00 130.00 6 Hydra m. 'Nikko Blue' 5 g. 18.75 112.50 14 Nandi d. 'Gulf Stream' 5 g. 28.75 402.50 9 Pitto to. 'Cream de Mint' 1 g. MN 14.25 128.25 2 Rhodo Mixed 5 g. 30.00 60.00 18 Calam acutiflora 1 g. 5.85 105.30 2 Ribes s. 'King Edward VII' 5 g. 1.8.00 36.00 3 Spira j. 'Magic Carpet' 3 g. 16.50 49.50 5 Spira j. 'Goldmound' 2 g. 1.4.00 70.00 6 Rhodo impeditum 1 g. 1.1.25 67.50 1 Clema armandii 2 g. 22.50 22.50 6 Hydra m. 'Nikko Blue' 5 g. 18.75 112.50 6 Nandi d. 'Gulf Stream' 5 g. 28.75 172.50 4 Chama n. 'Green Arrow' 1--C2-- ( ¢J 8'/10' 130.00 520.00 nip,\ V A \ l'‘''- Sales Sales 1989.05 Tax .000 ° 188.96 CC : 2178.01 esMan: 2 Total .00 20% RESTOCKING CHARGE ON ALL RETURNED ITEMS 2% SERVICE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS WARRANTY: We give no warranty, express or implied, as to life, description, quality, productiveness or any other matter of any nursery stock, seeds or plants that we sell. It is mutually agreed that our total liability for any error, should stock prove untrue to names as labeled, shall be limited upon satisfactory proof, to our replacing free or refunding the purchase price thereof. BY PRINTED NAME DATE 1. Payment Terms. Buyer shall pay the full cash sales price of any items of nursery stock charged to its account on or before the 10th day of the month following date of purchase. All accounts are considered past due on the 11th day of each month. All accounts are considered in default on the 25th day of said month. Upon default, Buyer shall pay interest at the monthly rate of two percent (2%) until paid in full. Such charge shall be imposed on the 25th day of each month. 2. Price. Unless otherwise agreed in writing by Buyer and Seller, Buyer shall pay as the contract price, the amount listed on the face of the invoice, plus freight and insurance, as stated. Buyer shall pay Washington State Sales tax unless Buyer presents a retail sales tax exemption certificate to Seller. 3. Limited express warranty. Seller warrants that the plants, seeds and nursery stock it sells shall conform to labeling of the same. In the event of breach, Seller's liability shall be limited to replacement or refund, as Seller's option. Seller makes no express or implied warranty (including the implied warranties of merchantability and fitness of any particular purpose) as to life, description, quality, productiveness of nursery stock, seeds or plants. 4. Shipment Terms. This order shall be shipped FOB Seller's facility. Buyer shall assume all risk of loss of shipment in transit. The order shall be deemed delivered to Buyer when loaded onto the delivery truck. 5. Seller's Right to Terminate or Limit Credit Purchases. Seller may at any time and in its sole and absolute discretion and without advance notice to Buyer, terminate or limit credit purchases by Buyer. 6. Reservation of Security Interest. To secure Buyer's performance of its obligation to pay this invoice, Buyer grants to Seller a security interest in inventory, accounts receivable and contract rights ("Collateral"). In the event Buyer fails to pay pursuant to Section 1 above, Buyer authorizes Seller to file a financing statement to perfect its security interest in Collateral. Seller's interest in Collateral is in addition to any other rights it has under the lien laws of the State of Washington. 7. Right to Inspect. Buyer shall have two hours following arrival at installation site to inspect a shipment ("Inspection Period"). If Buyer rejects all or any part of the shipment it shall do so in writing ("Notice of Rejection"). The Notice of Rejection shall be delivered to Seller via facsimile within the Inspection Period. It shall specifically identify the product rejected and the basis for such rejection. Seller shall have twenty-four hours from the time it receives the Notice of Rejection to cure the basis for Buyer's rejection. Buyer's failure to provide a written Notice of Rejection within the Inspection period shall constitute its acceptance of the shipment. Upon Buyer's acceptance it shall be liable for the invoice price, insurance and freight charges. 8. Breach of Buyer. Buyer understands that upon default of any payment due, Seller may take any necessary action to collect delinquent payment(s), including but not limited to filing liens or projects, proceeding against bonds and retainage, perfecting and foreclosing its security interest in Collateral and commencing suit to collect sums due. No election of remedy by Seller shall constitute a waiver of right to any alternative remedy. 9. Excuse or Failure of Seller's Performance. Seller shall not be liable for any delay in, or failure to make, delivery within the time requested by Buyer. In the event Seller is unable to meet Buyer's delivery schedule. Buyer's sole remedy is cancellation of the order. 10. Buyer's Remedies for Seller's Breach -Limitations of Remedies. In the event of Seller's breach, Buyer's sole and exclusive remedy shall be the difference in price between the invoice price and the cost of replacement goods, less any expense saved by Seller's breach. Under no circumstances shall Seller be liable for incidental or consequential damages arising from failure of its performance in whole or in part. 11. Agent Authority. In the event that Buyer is a corporation, limited liability company or partnership or limited partnership, the individual signing this credit agreement represents and warrants that he/she has the lawful authority to bind the entity to this agreement. 12. Dispute Resolution -Cost of Suit and Attorney's Fees. In the event either party brings an action to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, addition to damages proven. Suit shall be brought in King County, WA, or if Seller commences a lien foreclosure action, in the county in which the real property is located. F4,171e3.74s Nursery, Inc. PO Box 13150 21215 International Blvd Des Moines, WA 98198 Phone: 206-624-0634 Fax: 206-878-0673 IIaTQ'ardne Inc. 2628 S 138th St. Seatac, WA 98168-3862 NO: PO: DATE: SHIP DATE: VIA: COD TERMS: I-80858 03/17/16 03/17/16 StillrPGardne Inc. 2628 S 138th St. Seatac, WA 98168-3862 QTY. SHIPPED DESCRIPTION UNIT PRICE TOTAL 2 Cornu n. 'Eddie's White Wo 10 g. 65.00 130.00 6 6 Hydra m. 'Nikko Blue' 5 g. 18.75 112.50 — 0 14 Nandi d. 'Gulf Stream' 5 g. 28.75 402.50^ 9 Pitto to. 'Wheeler's Dwarf 5 g. 18.00 162.00. 2 / Rhodo Mixed Petticoat 21/24" 37.95 75.90., go /18 Calam x. a. 'Karl Foerster 1 g. 5.85 105.30 2 Ribes s. 'King Edward VII' 2 g. 22.50 45.00- 8 Spira j. 'Magic Carpet' 3 g. 16.50 132.00 6 Rhodo impeditum 1 g. 11.25 67.50__C Sales 1232.70 Tax .000 % 110.69 ?sMan: 2 Total 1343.39 20% RESTOCKING CHARGE ON ALL RETURNED ITEMS 2% SERVICE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS WARRANTY: We give no warranty, express or implied, as to life, description, quality, productiveness or any other matter of any nursery stock, seeds or plants that we sell. It is mutually agreed that our total liability for any error, should stock prove untrue to names as . - - : , - . 1 b - d ► -.n satisfactory proof, to our replacing free or refunding the purchase price thereof. BY PRINTED NAME DATE tree Nc.K order scrubs jotit "r3 '1 QTY common name —2 2 6 14 20-5 11 2 6 2 18 2 8 Green arrow Alaska Cedar Eddies white wonder dogwood Blue wave hydranga Big Blue lily turf Firepower Heavenly Bambo Wheelers Darf Tobira Western Sord Fern cilpenense Rhododendron, �uQ� Top Banana Rhododendron feather reed grass red flowering currant majic carpet spirea 3Y6vws KW��'� 0- 98l6� size plan E ft I �� 3 6ft 2 5gal 6. 1 gal 15� 2 gal 34 5 gal 14 1 gal 3 5gal- tittek 6 5 gal 3 1gal 23 5ga I 3 5gal 14 cifP (1%"/.1 '- "4:k If Nue- Ferivel NAN5fri (W/o) Furne's Nursery, Inc. PO Box 13150 21215 International Blvd Des Moines, WA 98198 Phone: 206-624-0634 Fax: 206-878-0673 happyOGardne Inc. 2628 S 138th St. Seatac, WA 98168-3862 NO: PO: 03/17/16 DATE: 03/17/16 SHIP DATE: VIA: COD TERMS: I-80868 SI Iappyy Gardne Inc. 2628 S 138th St. Seatac, WA 98168-3862 QTY. SHIPPED DESCRIPTION UNIT PRICE TOTAL 6 Hydra m. 'Nikko Blue' 5 g. 18.75 112.50 6 Nandi d. 'Gulf Stream' 5 g. 28.75 172.50 t v P r D Sales 285.00 Tax .000 % 27.07 CC : 312.07 esMan: 2 Total .00 20% RESTOCKING CHARGE ON ALL RETURNED ITEMS 2% SERVICE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS WARRANTY: We give no warranty, express or implied, as to life, description, quality, productiveness or any other matter of any nursery stock, seeds or plants that we sell. It is mutually agreed that our total liability for any error, should stock prove untrue to names as labeled, shall be limited upon satisfactory proof, to our replacing free or refunding the purchase price thereof. BY PRINTED NAME DATE Quantity Botanical Name Common Name Size Notes Acer rubrum'Bowhall' Bowhall Maple 2-3' cal. 1 per wood arbor Chamaecyparis nootkatensis'Green Arrow' Green Arrow Aaska Cedar 6'-8 ht. 2 per bldg. trellis Cornus'Eddie's White Wonder' Eddies White Wonder Dogwood Picea omorika Serbian Spruce 6'-8 ht. Shrubs Quantity Botanical Name Common Name Size Notes 74 Calamagrostisx acutifolia'Karl Foerster' Feather Reed Grass 1 gal. 24 Hydrangea macrophylla'Blue Wave' Blue Wave Hydrangea 5 gal. 49 Liriope muscari Big Blue Lily Turf 1 gal. 96 Nandina domastica'Firepower' Firepower Heavenly Bamboo 2 gal. 7 Nandina domestica'Plum Passion' Plum Passion Heavenly Bamboo 5 gal. 41 Pittosporum tobira'Wheeler's Dwarf Wheeler's Dwarf Tobira 5 gal. 12 Polystichum munitum Western Sword Fern 1 gal. 17 Rhododendron'Cilpenense' alpenense Rhododendron 5 gal. 17 Rhododendron' Top Banana' Top Banana Rhododendron 5 gal. 8 Ribes snaguineum 'King Edward VII' Red Flowering Currant 5 gal. 51 Spiraea japonica 'Magic Carpet' Magic Carpet Spirea 5 gal. Groundcovers Quantity Botanical Name Common Name Size Notes turf grass hydroseeded Climbing Vines Quantity Botanical Name Common Name Size Notes 2 Clematisarmandii Evergreen Clematis 1 gal. 1 per wood arbor 8 Clematis armandii Evergreen Clematis 1 gal. 2 per bldg. trellis Required Type! Landscaping (per TMC 18.52.030) Total Lineal Feet of Properly Line Perimeter = 5821.f. Total Lineal Feet of Perimeter Curb Cuts = 28 I.f. Total Lineal Feet of Perimeter for Landscape Calculations = 582 - 28 Total Lineal Feet of Perimeter for Landscape Calculations = 554 Required Trees = 1 per 30 lineal feet of req. perimeter (excluding curb cuts) Required Trees = 554 I.f. / 30 Required Trees = 19 (18.4) Required Evergreen Trees = 75% of Req. Trees Required Evergreen Trees = 75% x 19 Required Evergreen Trees = 15 (14.25) Required Deciduous Trees = Req. Trees - Req. Evergreen Trees Required Deciduous Trees = 19-15 Required Deciduous Trees = 4 Required Shrubs = 1 per 7 lineal feet of req. perimeter (excluding curb cuts) Required Shrubs = 554 I.f. / 7 Required Shrubs = 80 (79.14) Required Evergreen Shrubs = 75% of Req. Shrubs Required Evergreen Shrubs = 75% x 80 Required Evergreen Shrubs = 60 Required Deciduous Shrubs = Req. Shrubs - Req. Evergreen Shrubs Required Deciduous Shrubs = 80-60 Required Deciduous Shrubs = 20 Perimeter Evergreen Trees Required = 19 Perimeter Evergreen Trees Provided = 19 Perimeter Deciduous Trees Required = 4 Perimeter Deciduous Trees Provided = 6 Perimeter Evergreen Shrubs Required = 60 Perimeter Evergreen Shrubs Provided = 157 Perimeter Deciduous Shrubs Required = 20 Perimeter Deciduous Shrubs Provided = 51 plant slightly higher than grown in nursery and insure crown is not buried after settling and mulching fill planting pit with native soil or specified backfill scarify edge of planting pit =III -1111 '=III=I I I -rocs"' ea Y2" diameter black rubber hose & 12 ga. wire tie. height to be just high enough to hold tree upright. tie at one level only (3) 2x2 d.f. wood stakes or rebar drive to refusal outside rootball scarify rootball & spread roots, or cut twine & pull burlap off top Yz of rootball 2" depth mulch 4" watering basin finish grade ll- k' existing soil II JI 7 LIII II' firmly tamp prepared soil to avoid settling _III =Ar I --IT-ITI_IIHI— " Otree planting 2x rootball dia. min. LL—III- NOTE: stake trees only if determined necessary by L.A. SCALE: not to scale plant slightly higher than grown in nursery and insure crown is not buried after settling and mulching fill planting pit with native soil or specified backfill scarify edge of planting pit Oshrub & groundcover planting SCALE: not to scale . , URE PHASE T—II! scarify rootball & spread roots, or cut twine & pull burlap off top Y3 of rootball 2' depth mulch 4' watering basin finish grade existing soil firmly tamp prepared soil to avoid settling FUTURE PHASE LEGEND: storm sewer (see civil) sanitary sewer (see civil) water line (see civil) power line (see civil) GAS ----- gas line (see civil) required landscape perimeter — phasing delineation note: utilities shown on landscape plan are schematic. see civil and/or utility plans for exact locations. FUTURE PHASE • GENERAL NOTES: 1. Required perimeter planting shall meet the following size requirements per TMC 18.52.030: Deciduous trees shall be 2" caliper minimum Evergreen trees shall be 6' height minimum Shrubs shall be 18" height minimum 2. All planting and lawn areas shall be served by an automatic irrigation system per TMC 1852.040.H. Irrigation plan shall be Design/Build by installing contractor and shall meet all applicable codes and Design/Build Irrigation Specifications to be provided by Landscape Architect. Installing contractor shall provide the irrigation design to Landscape Architect for approval prior to construction. PHASE 1 " South 144th Street PHASE1 existing cedar to remain J —FUTURE PHASE FUTURE PHASE FUTURE PHASE 0 10' 20' 40' SCALE:1"=20'-0" Osterly Park Town homes 3429 South 144th Street Tukwila, Washington stu® 42 " :o'e s:s.0342 STATE OF WASH NOTON REGISTERED LANDSCAPE ARCHRECT CHAD 5. WICHERE CERTIFICATE NO. 931 project number. 20081020 drawn: CSW checked: Studio 342 date issue / revision 9/10/2008 Prelim. Review 9/22/2009 Revision 8/9/2010 Revision 9/9/2010 Utility Update 2/2/2012 Phase 1 Revisions Planting Plan L-2 NORTH 0 Studio 342 Landscape Architecture, LLC 2008 Trees Quantity Botanical Name Common Name Size Notes Acer rubrum'Bowhalf Bowhall Maple 2-3° cal. 1 per wood arbor 6 Chamaecyparis nootkatensis'Green ArroW Green Arrow Alaska Cedar 6'-8 ht. 2 per bldg. trellis 4 Cornus'Eddie's White Wonder' Eddies White Wonder Dogwood 2-3' cal. 13 Piceaomorika Serbian Spruce 6'-8' ht. 1 Shrubs Quantity Botanical Name Common Name Size Notes 74 Calamagrostisx acutifolia'Karl Foerster' Feather Reed Grass 1 gal. 24 Hydrangea macrophylla'Blue Wave' Blue Wave Hydrangea 5 gal. 49 Luiope muscari &g Blue Lily Turf 1 gal. 96 Nandina domestica'Firepower' Firepower Heavenly Bamboo 2 gal. 7 Nandina domestica'Plum Passion' Plum Passion Heavenly Bamboo 5 gal. 41 Pittosporum tobira'Wheeler's Dwarf Wheeler's Dwarf Tobira 5 gal. 12 Polystichum munitum Western Sword Fern 1 gal. 17 Rhododendron'Cilpenense' Cilpenense Rhododendron 5 gal. 17 Rhododendron' Top Banana' Top Banana Rhododendron 5 gal. 8 Ribes snaguineum 'King Edward VII' Red Flowering Currant 5 gal. 51 Spiraea japonica 'Magic Carpet' Magic Carpet Spirea 5 gal. Groundcovers Quantity Botanical Name Common Name Size Notes turf grass hydroseeded Climbing Vines Quantity Botanical Name Common Name Size Notes 2 Clematisarmandil Evergreen Clematis 1 gal. 1 per wood arbor 8 Clematis armandil Evergreen Clematis 1 gal. 2 per bldg. trellis Required Type 1 Landscaping (per TMC 18.52.030) Total Lineal Feet of Property Line Perimeter = 5821.f. Total Lineal Feet of Perimeter Curb Cuts = 281.f. Total Lineal Feet of Perimeter for Landscape Calculations = 582 - 28 Total Lineal Feet of Perimeter for Landscape Calculations = 554 Required Trees = 1 per 30 lineal feet of req. perimeter (excluding curb cuts) Required Trees = 554 I.f. / 30 Required Trees = 19 (18.4) Required Evergreen Trees = 75% of Req. Trees Required Evergreen Trees = 75% x 19 Required Evergreen Trees = 15 (14.25) Required Deciduous Trees = Req. Trees - Req. Evergreen Trees Required Deciduous Trees = 19-15 Required Deciduous Trees = 4 Required Shrubs = 1 per 7 lineal feet of req. perimeter (excluding curb cuts) Required Shrubs = 554 I.f. / 7 Required Shrubs = 80 (79.14) Required Evergreen Shrubs = 75% of Req. Shrubs Required Evergreen Shrubs = 75% x 80 Required Evergreen Shrubs = 60 Required Deciduous Shrubs = Req. Shrubs - Req. Evergreen Shrubs Required Deciduous Shrubs = 80-60 Required Deciduous Shrubs = 20 Perimeter Evergreen Trees Required = 19 Perimeter Evergreen Trees Provided = 19 Perimeter Deciduous Trees Required = 4 Perimeter Deciduous Trees Provided = 6 Perimeter Evergreen Shrubs Required = 60 Perimeter Evergreen Shrubs Provided = 157 Perimeter Deciduous Shrubs Required = 20 Perimeter Deciduous Shrubs Provided = 51 plant slightly higher than grown in nursery and insure crown is not buried after settling and mulching fill planting pit with native soil or specified backfill scarify edge of planting pit Y2' diameter black rubber hose & 12 ga. wire tie. height to be just high enough to hold tree upright. tie at one level only (3) 2x2 d.f. wood stakes or rebar drive to refusal outside rootball scarify rootball & spread roots, or cut twine & pull burlap off top Y2 of rootball 2" depth mulch 4" watering basin finish grade I; existing soil firmly tamp prepared soil to avoid settling Otree planting NOTE: stake trees only if determined necessary by L.A. SCALE: novo scale plant slightly higher than grown in nursery and insure crown is not buried after settling and mulching fill planting pit with native soil or specified backfill scarify edge of planting pit Oshrub & groundcover planting Ii CIS„ 3x rootball dia. min. SCALE: not to stale FUTURE PHASE Till scarify rootball & spread roots, or cut twine & pull burlap off top Y3 of rootball 2" depth mulch 4" watering basin finish grade existing soil firmly tamp prepared soil to avoid settling FUTURE PHASE LEGEND: sr storm sewer (see civil) ss sanitary sewer (see civil) ----- w water line (see civil) - power line (see civil) --- GAS ---- gas line (see civil) required landscape perimeter - phasing delineation note: utilities shown on landscape plan are schematic. see civil and/or utility plans for exact locations. FUTURE PHASE GENERAL NOTES: 1. Required perimeter planting shall meet the following size requirements per TMC 18.52.030: Deciduous trees shall be 2" caliper minimum Evergreen trees shall be 6' height minimum Shrubs shall be 18" height minimum 2. All planting and lawn areas shall be served by an automatic irrigation system per TMC 1852.040.H. Irrigation plan shall be Design/Build by installing contractor and shall meet all applicable codes and Design/Build Irrigation Specifications to be provided by Landscape Architect. Installing contractor shall provide the irrigation design to Landscape Architect for approval prior to construction. PHASE 1 -- - --, 7 PHASE 1 T I South 144th Street I --- °" - - existing cedar to remain - FUTURE PHASE FUTURE PHASE 0 10 20 40 SCALE: V=20-0" Osterly Park Townhomes 3429 South 144th Street Tukwila, Washington stu 342 ImndwaHe architecture 1206)643-0ron 3LO 42 STATE OF WASH NOTON REGISTERED LANDSCAPE ARCHITECT CHAD 5. WICHERS CERTIFICATE NO. 931 project number. 20081020 drawn: CSW checked: Studio 342 date issue / revision 9/10/2008 Prelim. Review 9/22/2009 Revision 8/9/2010 Revision 9/9/2010 Utility Update 2/2/2012 Phase 1 Revisions Planting Plan L-2 NORTH c Studio 342 Landscape Architecture, LLC 2008 roes luantity Botanical Name Common Name Size 2 Acer rubrum'Bowhall' Bowhall Maple 2-3" cal. 6 Chamaecyparis nootkatensis'Green Arrow' Green Arrow Alaska Cedar 6-8' ht. 4 Cornus "Eddie's White Wonder' Eddie's White Wonder Dogwood 2-3" cal. 13 Picea omorika Serbian Spruce 6-8' ht. hrubs !uantity Botanical Name Common Name Size 74 Calamagrostis x acutifoiia'Karl Foerster' Feather Reed Grass 1 gal. 24 Hydrangea macrophylla'Blue Wave' Blue Wave Hydrangea 5 gal. 49 Liriope muscari Big Blue Lily Turf 1 gal. 96 Nandina domestica'Firepower' Firepower Heavenly Bamboo 2 gal. 7 Nandina domestica 'Plum Passion' Plum Passion Heavenly Bamboo 5 gal. 41 Pittosporum tobira'Wheeler's Dwarf Wheeler's Dwarf Tobira 5 gal, 12 Polystichum munitum Western Sword Fern 1 gal. 17 Rhododendron 'Cilpenense' Cilpenense Rhododendron 5 gal. 17 Rhododendron 'Top Banana' Top Banana Rhododendron 5 gal. 8 Ribes snaguineum'King Edward VII' Red Flowering Currant 5 gal. 51 Spiraea japonica 'Magic Carpet' Magic Carpet Spirea 5 gal. rou n dcovers !uantity Botanical Name Common Name Size 2 turf grass Evergreen Clematis '1 gal. limbina Vines !uantity Botanical Name Common Name Size 2 Clematis armandii Evergreen Clematis '1 gal. 8 Clematis armandii Evergreen Clematis 1 gal. Required Type I Landscaping (per TMC 18.52.030) Total Lineal Feet of Property Line Perimeter = 582 I.f. Total Lineal Feet of Perimeter Curb Cuts = 28 I.f. Total Lineal Feet of Perimeter for Landscape Calculations = 582 - 28 Total Lineal Feet of Perimeter for Landscape Calculations = 554 Required Trees = 1 per 30 lineal feet of req. perimeter (excluding curb cuts) Required Trees = 554 I.f. / 30 GAS GAS GAS 0 0 !Trees Quantity Botanical Name Common Name Size 2 Acer rubrum 'Bowhall' Bowhall Maple 2-3 cal . 6 el 4 13 Shrubs Charnaecyparis nootkatensis'Green Arrow' Cornus'Eddie's White Wonder' Picea omorika Green Arrow Alaska Cedar Eddie'sWhite Wonder Dogwood Serbian Spruce 6-8' ht. 2--3" cal . 6'-8' ht. Quantity Botanical Name Common Name Size 74 Calamagrostis x acutifolia'Karl Foerster' Feather Reed Grass 1 gal. 24 49 Hydrangea rnacrophylla'Blue .Wave' Liriope muscari Blue Wave Hydrangea Big Blue Lily Turf 1 gal. 19 0 0 0 96 41 8 Nandina domestica'Firepower' Nandina domestica 'Plum Passion' Pittosporum tobira 'Wheeler's Dwarf Polystichum munitum Rhododendron 'Cilpenense' Rhododendron 'Top Banana' Ribes snaguineum 'King Edward VII' -T Spiraea japonica 'Magic Carpet',.: • Groundcovers Quantity Botanical Nanne Firepower Heavenly Bamboo Plum Passion Heavenly Bamboo Wheeler's Dwarf Tobira Western Sword Fern Gitpenense Rhododendron /5-. Top Banana Rhododendron Red Flowering Currant Magic Carpet Spirea Common Name 2 gal, 5 gal. 5gal. 1 gal. 5 gal. 5 gal, 2 5 gal. Size rees luantity Botanical Name Common Name Size 2 Acer rubrum'Bowhall' Bowhall Maple 2-3" cal 6 Chamaecyparis nootkatensis'Green Arrow' Green Arrow Alaska Cedar 6-8' ht, 4 Cornus'Eddie's White Wonder' Eddie's White Wonder Dogwood 2-3" cal 13 Picea omorika Serbian Spruce 6-8' ht. hrubs !uantity Botanical Name Common Name Size 74 Cal amagrostis x acutifolia'Karl Foerster' Feather Reed Grass 1 gal. 24 Hydrangea macrophylla'Blue Wave' Blue Wave Hydrangea 5 gal. 49 Liriope muscari Big Blue Lily Turf 1 gal. 96 Nandina domestica'Firepower' Firepower Heavenly Bamboo 2 gal. 7 Nandina domestica'Plum Passion' Plurn Passion Heavenly Bamboo 5 gal. 41 Pittosporum tobiraWheelers Dwarf Wheeler's Dwarf Tobira 5 gal. 12 Polystichum munitum Western Sword Fern 1 gal. 17 Rhododendron 'Cilpenense' Cilpenense Rhododendron 5 gal. 17 Rhododendron 'Top Banana' Top Banana Rhododendron 5 gal. 8 Ribes snaguineum'King Edward VII' Red Flowering Currant 5 gal. 51 Spiraea japonica 'Magic Carpet' Magic Carpet Spirea 5 gal. roundcovers luantity Botanical Name Common Name Size turf grass limbing Vines luantity Botanical Name Common Name Size 2 Clematis armandii Evergreen Clematis 1 gal. 8 Clematis armandii Evergreen Clematis 1 gal, 1 A5C °NQ- 0)-1,1/\ p(r-(t_ I�sf Required Type I Landscaping (per TMC 18.52.030) Total Lineal Feet of Property Line Perimeter = 582 I.f. Total Lineal Feet of Perimeter Curb Cuts = 28 I.f. Total Lineal Feet of Perimeter for Landscape Calculations = 582 - 28 Total Lineal Feet of Perimeter for Landscape Calculations = 554 Required Trees = 1 per 30 lineal feet of req. perimeter (excluding curb cuts) Required Trees = 554 I.f. / 30 0 00 0 0 0 0 Groundcovers Quant i ty Botanical Name Common Name Size Nc 96 Nandina domestica 'Firepower Firepower Heavenly Bamboo 2 gal. 7 Nandina domestica 'Plum Passion' Plum Passion Heavenly Bamboo 5 gal. Pittosporurn tobira 'Wheeler's Dwarf' Wheeler's D arf Tobira 5 gal. i41 i 12 Polystichum munitum --f . Western Sword Fern 1 gal. 17 Rhododendron 'Cilpenense' ,..-7 Cilpenense Rhododendron /) . 5 gal. 17 Rhododendron 'Top Banana' Top Banana Rhododendron 5 gal. 6 8 Ribes snaguineum 'King Edward viil T Red Flowering Currant 5 gal. 2. 51 Spiraea japonica 'Magic Carpet' --• -7 Magic Carpet Spirea 8 7, 5 gal. Groundcovers Quant i ty Botanical Name Common Name Size Nc 0 0 :=Trees Quantity Botanical Name Common Name Size Nc 2 Acer rubrum 'Bowhail' • Bowhall Maple 2-3" cal. 6 »Chamaecyparis nootkatensis 'Green Arrow' Green Arrow Alaska Cedar fw 6-8' ht. .../ 4 Cornus'Eddie's White Wonder' vi. Eddie's iii hit e Wonder Dogwood 2-31' cal. 13 Picea omorika Serbian Spruce 6-8' ht. 'Shrubs Quantity Botanical Name Common Name Size Nc 74 Calamagrostis x acutifolia'Karl Foerster 'Feather Reed Grass 1 gal. 24 Hydrangea macrophylla `Blue Wave' Blue Wave Hydrangea 5 gal. ' (.D 49 Liriope muscari Big Blue Lily Turf 1 gal. 19 i! F ney=4 Nursery, Inc. PO Box 13150 21215 International Blvd Des Moines, WA 98198 Phone: 206-624-0634 Fax: 206-878-0673 JPI TQ'ardne Inc. 2628 S 138th St. Seatac, WA 98168-3862 I-80858 NO: PO: 03/17/16 DATE: 03/17/16 SHIP DATE: VIA: COD TERMS: Wp :Gardne Inc. 2628 S 138th St. Seatac, WA 98168-3862 QTY. SHIPPED DESCRIPTION UNIT PRICE TOTAL 2 Cornu n. 'Eddie's White Wo 10 g. 65.00 130.00 6 Hydra m. 'Nikko Blue' 5 g. 18.75 112.50— 0 14 Nandi d. 'Gulf Stream' 5 g. 28.75 402.50--10 9 Pitto to. 'Wheeler's Dwarf 5 g. 1.8.00 162.00-C 2 Rhodo Mixed 21/24" 37.95 75.90.. Petticoat 18 Calam x. a. 'Karl Foerster 1 g. 5.85 105.30- 2 Ribes s. 'King Edward VII' 2 g. 22.50 45.00— 8 Spira j. 'Magic Carpet' 3 g. 16.50 132.00- 6 Rhodo impeditum 1 g. 11.25 67.50...0 Sales 1232.70 Tax .000 % 110.69 sMan: 2 Total 1343.39 20% RESTOCKING CHARGE ON ALL RETURNED ITEMS 2% SERVICE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS WARRANTY: We give no warranty, express or implied, as to life, description, quality, productiveness or any other matter of any nursery stock, seeds or plants that we sell. It is mutually agreed that our total liability for any error, should stock prove untrue to d r.: satisfactory proof, to our replacing free or refunding the purchase price thereof. names as b BY PRINTED NAME DATE 1. Payment Terms. Buyer shall pay the full cash sales price of any items of nursery stock charged to its account on or before the 10th day of the month following date of purchase. All accounts are considered past due on the 11th day of each month. All accounts are considered in default on the 25th day of said month. Upon default, Buyer shall pay interest at the monthly rate of two percent (2%) until paid in full. Such charge shall be imposed on the 25th day of each month. 2. Price. Unless otherwise agreed in writing by Buyer and Seller, Buyer shall pay as the contract price, the amount listed on the face of the invoice, plus freight and insurance, as stated. Buyer shall pay Washington State Sales tax unless Buyer presents a retail sales tax exemption certificate to Seller. 3. Limited express warranty. Seller warrants that the plants, seeds and nursery stock it sells shall conform to labeling of the same. In the event of breach, Seller's liability shall be limited to replacement or refund, as Seller's option. Seller makes no express or implied warranty (including the implied warranties of merchantability and fitness of any particular purpose) as to life, description, quality, productiveness of nursery stock, seeds or plants. 4. Shipment Terms. This order shall be shipped FOB Seller's facility. Buyer shall assume all risk of loss of shipment in transit. The order shall be deemed delivered to Buyer when loaded onto the delivery truck. 5. Seller's Right to Terminate or Limit Credit Purchases. Seller may at any time and in its sole and absolute discretion and without advance notice to Buyer, terminate or limit credit purchases by Buyer. 6. Reservation of Security Interest. To secure Buyer's performance of its obligation to pay this invoice, Buyer grants to Seller a security interest in inventory, accounts receivable and contract rights ("Collateral"). In the event Buyer fails to pay pursuant to Section 1 above, Buyer authorizes Seller to file a financing statement to perfect its security interest in Collateral. Seller's interest in Collateral is in addition to any other rights it has under the lien laws of the State of Washington. 7. Right to Inspect. Buyer shall have two hours following arrival at installation site to inspect a shipment ("Inspection Period"). If Buyer rejects all or any part of the shipment it shall do so in writing ("Notice of Rejection"). The Notice of Rejection shall be delivered to Seller via facsimile within the Inspection Period. It shall specifically identify the product rejected and the basis for such rejection. Seller shall have twenty-four hours from the time it receives the Notice of Rejection to cure the basis for Buyer's rejection. Buyer's failure to provide a written Notice of Rejection within the Inspection period shall constitute its acceptance of the shipment. Upon Buyer's acceptance it shall be liable for the invoice price, insurance and freight charges. 8. Breach of Buyer. Buyer understands that upon default of any payment due, Seller may take any necessary action to collect delinquent payment(s), including but not limited to filing liens or projects, proceeding against bonds and retainage, perfecting and foreclosing its security interest in Collateral and commencing suit to collect sums due. No election of remedy by Seller shall constitute a waiver of right to any alternative remedy. 9. Excuse or Failure of Seller's Performance. Seller shall not be liable for any delay in, or failure to make, delivery within the time requested by Buyer. In the event Seller is unable to meet Buyer's delivery schedule. Buyer's sole remedy is cancellation of the order. 10. Buyer's Remedies for Seller's Breach -Limitations of Remedies. In the event of Seller's breach, Buyer's sole and exclusive remedy shall be the difference in price between the invoice price and the cost of replacement goods, less any expense saved by Seller's breach. Under no circumstances shall Seller be liable for incidental or consequential damages arising from failure of its performance in whole or in part. 11. Agent Authority. In the event that Buyer is a corporation, limited liability company or partnership or limited partnership, the individual signing this credit agreement represents and warrants that he/she has the lawful authority to bind the entity to this agreement. 12. Dispute Resolution -Cost of Suit and Attorney's Fees. In the event either party brings an action to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, addition to damages proven. Suit shall be brought in King County, WA, or if Seller commences a lien foreclosure action, in the county in which the real property is located. r Furney's Nursery, Inc. PO Box 13150 21215 International Blvd Des Moines, WA 98198 Phone: 206-624-0634 Fax: 206-878-0673 iappyOGardne Inc. 2628 S 138th St. Seatac, WA 98168-3862 NO: PO: 03/17/16 DATE: 03/17/16 SHIP DATE: VIA: COD TERMS: I-80868 SHIP Gardne Inc. 2628 S 138th St. Seatac, WA 98168-3862 QTY. SHIPPED DESCRIPTION UNIT PRICE TOTAL 6 Hydra m. 'Nikko Blue' 5 g. 18.75 112.50 6 Nandi d. 'Gulf Stream' t0 »V/ 5 g. 28.75 172.50 U s,_)_,., Sales 285.00 Tax .000 s 27.07 CC : 312.07 esMan: 2 Total .00 20% RESTOCKING CHARGE ON ALL RETURNED ITEMS 2% SERVICE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS WARRANTY: We give no warranty, express or implied, as to life, description, quality, productiveness or any other matter of any nursery stock, seeds or plants that we sell. It is mutually agreed that our total liability for any error, should stock prove untrue to names as labeled, shall be limited upon satisfactory proof, to our replacing free or refunding the purchase price thereof. BY PRINTED NAME DATE 1. Payment Terms. Buyer shall pay the full cash sales price of any items of nursery stock charged to its account on or before the 10th day of the month following date of purchase. All accounts are considered past due on the 11th day of each month. All accounts are considered in default on the 25th day of said month. Upon default, Buyer shall pay interest at the monthly rate of two percent (2%) until paid in full. Such charge shall be imposed on the 25th day of each month. 2. Price. Unless otherwise agreed in writing by Buyer and Seller, Buyer shall pay as the contract price, the amount listed on the face of the invoice, plus freight and insurance, as stated. Buyer shall pay Washington State Sales tax unless Buyer presents a retail sales tax exemption certificate to Seller. 3. Limited express warranty. Seller warrants that the plants, seeds and nursery stock it sells shall conform to labeling of the same. In the event of breach, Seller's liability shall be limited to replacement or refund, as Seller's option. Seller makes no express or implied warranty (including the implied warranties of merchantability and fitness of any particular purpose) as to life, description, quality, productiveness of nursery stock, seeds or plants. 4. Shipment Terms. This order shall be shipped FOB Seller's facility. Buyer shall assume all risk of loss of shipment in transit. The order shall be deemed delivered to Buyer when loaded onto the delivery truck. 5. Seller's Right to Terminate or Limit Credit Purchases. Seller may at any time and in its sole and absolute discretion and without advance notice to Buyer, terminate or limit credit purchases by Buyer. 6. Reservation of Security Interest. To secure Buyer's performance of its obligation to pay this invoice, Buyer grants to Seller a security interest in inventory, accounts receivable and contract rights ("Collateral"). In the event Buyer fails to pay pursuant to Section 1 above, Buyer authorizes Seller to file a financing statement to perfect its security interest in Collateral. Seller's interest in Collateral is in addition to any other rights it has under the lien laws of the State of Washington. 7. Right to Inspect. Buyer shall have two hours following arrival at installation site to inspect a shipment ("Inspection Period"). If Buyer rejects all or any part of the shipment it shall do so in writing ("Notice of Rejection"). The Notice of Rejection shall be delivered to Seller via facsimile within the Inspection Period. It shall specifically identify the product rejected and the basis for such rejection. Seller shall have twenty-four hours from the time it receives the Notice of Rejection to cure the basis for Buyer's rejection. Buyer's failure to provide a written Notice of Rejection within the Inspection period shall constitute its acceptance of the shipment. Upon Buyer's acceptance it shall be liable for the invoice price, insurance and freight charges. 8. Breach of Buyer. Buyer understands that upon default of any payment due, Seller may take any necessary action to collect delinquent payment(s), including but not limited to filing liens or projects, proceeding against bonds and retainage, perfecting and foreclosing its security interest in Collateral and commencing suit to collect sums due. No election of remedy by Seller shall constitute a waiver of right to any alternative remedy. 9. Excuse or Failure of Seller's Performance. Seller shall not be liable for any delay in, or failure to make, delivery within the time requested by Buyer. In the event Seller is unable to meet Buyer's delivery schedule. Buyer's sole remedy is cancellation of the order. 10. Buyer's Remedies for Seller's Breach -Limitations of Remedies. In the event of Seller's breach, Buyer's sole and exclusive remedy shall be the difference in price between the invoice price and the cost of replacement goods, less any expense saved by Seller's breach. Under no circumstances shall Seller be liable for incidental or consequential damages arising from failure of its performance in whole or in part. 11. Agent Authority. In the event that Buyer is a corporation, limited liability company or partnership or limited partnership, the individual signing this credit agreement represents and warrants that he/she has the lawful authority to bind the entity to this agreement. 12. Dispute Resolution -Cost of Suit and Attorney's Fees. In the event either party brings an action to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, addition to damages proven. Suit shall be brought in King County, WA, or if Seller commences a lien foreclosure action, in the county in which the real property is located. April 9, 2015 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director MIKE OVERBECK Osterly Park Townhomes 4620 S 148th Street Tukwila WA 98168 RE: Notice of Application — Osterly Park Townhomes, Subdivision, PH I File# PL14-0039, L14-0066 Dear Mr. Overbeck: There is a fee due on your peiiuit application in the amount of $389.00 to cover fees associated with mailing the attached public notice - Notice of Application. The number of required notices sent for your application was 389 which included property owners and tenants within 500 feet of your project site as well as interested parties and agencies with jurisdiction. The cost is based on the land use fee schedule adopted by Resolution Number 1845 covering Public Notice mailings required for your application. This fee covers the attached notice only. Additional fees may be assessed for future mailings or other review tasks per the fee schedule. This amount needs to be paid before the city can continue processing your permit application. The payment may be paid by cash, check or credit card. The city will accept credit card payments by phone. If paying by check please send the check made out to: City of Tukwila Attn: Teri 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 If you have any questions, please feel free to contact me at Teri.Svedahl@TukwilaWA.gov Sincerely, Teri Svedahl Administrative Support Technician Cc; Jaimie Reavis, City Planner MD Invoicing Public Mailings.doc Page 1 of 1 04/08/2015 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 at* of Sanaa Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl , HEREBY DECLARE THAT: x Notice of Application Notice of Decision Mailing requested by: Jaimie R vis Notice of Public Hearing Notice of Public Meeting / Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was mailed to each of the addresses listed/attached on this _8 day of _April 2015 Project Name: Osterly park Townhomes, Phase 1 Project Number: PL14-0039 Associated File Number (s): L14-0066 Mailing requested by: Jaimie R vis Mailer's signature: g i�'� / V,�� W:\USERS\TERI\TEMPLATES-FORMS\AFFIDAVIT OF DISTRIBUTION.DOC City of Tukwila Notice of Application Final Subdivision Application. Osterly Park Townhomes Phase I s'r? ctal Project Location 8i Public; Meeting Site A public meeting will be held on the project site on Thursday, April 16, from 5:00-6:00 p.m. Information on the proposal and the applicable decision criteria will be provided. Public comments received during the meet- ing will be considered by City staff in preparation of a recommendation to the City Council. File # L 14-0066 Owner: Mike Over beck Project Description: Application for Final Subdivision Approval of Phase I of the Osterly Park Town - homes. Phase I includes subdivi- sion of two existing lots into 8 unit lots, a private access and utilities tract, and a temporary recreation tract. The complete project includes two phases with a total of 31 town - home units. The first 8 units will be constructed as Phase I. The project previously received approvals for SEPA/ Environmental Review, Design Review, and Preliminary Subdivi- sion Review. City of Tukwila Notice of Application Final Subdivision Application Osterly Park Townhomes Phase I Project Location &r Public; Meeting Site A public meeting will be held on the project site on Thursday, April 16, from 5:00-6:00 p.m. Information on the proposal and the applicable decision criteria will be provided. Public comments received during the meet- ing will be considered by City staff in preparation of a recommendation to the City Council. File # L14-0066 Owner: Mike Overbeck Project Description: Application for Final Subdivision Approval of Phase I of the Osterly Park Town - homes. Phase I includes subdivi- sion of two existing lots into 8 unit lots, a private access and utilities tract, and a temporary recreation tract. The complete project includes two phases with a total of 31 town - home units. The first 8 units will be constructed as Phase I. The project previously received approvals for SEPA/ Environmental Review, Design Review, and Preliminary Subdivi- sion Review. City of Tukwila Notice of Application Final Subdivision Application Osterly Park Townhomes Phase I Project Location8V- l Public Meeting Site A public meeting will be held on the project site on Thursday, April 16, from 5:00-6:00 p.m. Information on the proposal and the applicable decision criteria will be provided. Public comments received during the meet- ing will be considered by City staff in preparation of a recommendation to the City Council. File # L14-0066 Owner: Mike Over beck Project Description: Application for Final Subdivision Approval of Phase I of the Osterly Park Town - homes. Phase I includes subdivi- sion of two existing lots into 8 unit lots, a private access and utilities tract, and a temporary recreation tract. The complete project includes two phases with a total of 31 town - home units. The first 8 units will be constructed as Phase I. The project previously receive() approvals for SEPA/ Environmental Review, Design Review, and Preliminary Subdivi- sion Review. City of Tukwila Notice of Application Final Subdivision Application Osterly Park Townhomes Phase I LOR Project Location'&r Publics Meeting Site . MGC A public meeting will be held on the project site on Thursday, April 16, from 5:00-6:00 p.m. Information on the proposal and the applicable decision criteria will be provided. Public comments received during the meet- ing will be considered by City staff in preparation of a recommendation to the City Council. File # L14-0066 Owner: Mike Overbeck Project Description: Application for Final Subdivision Approval of Phase I of the Osterly Park To � homes. Phase I includes subdiv sion of two existing lots into 8 unit lots, a private access and utilities tract, and a temporary recreation tract. The complete project includes two phases with a total of 31 town - home units. The first 8 units will be constructed as Phase I. The project previously received approvals for SEPA/ Environmental Review, Design Review, and Preliminary Subdivi- sion Review. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 Your written comments on the project are requested and can be delivered to DCD, 6300 Southcenter Blvd, Ste 100, Tukwila, WA 98188. Comments must be received by 5:OOpm on April 29, 2015. You may request a copy of any decision, comment on the project, and leam your appeal rights by calling the Project Planner: Jaimie Reavis (206) 431-3659 Jaimie.Reavis@TukwilaWa.gov or by v siting our offices at 6. )outhcenter Blvd., Suite # 100, Monday through Friday 8:30 a.m. to 5:00 p.m. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 Your written comments on the pr are requested and can be dkkjed to DCD, 6300 Southcenter Blvd, Ste 100, Tukwila, WA 98188. Comments must be received by 5:OOpm on April 29, 2015. You may request a copy of any decision, comment on the project, and learn your appeal rights by calling the Project Planner: Jaimie Reavis (206) 431-3659 Jaimie.Reavis@TukwilaWa.gov or by visiting our offices at 6300 Southcenter Blvd., Suite # 100, Monday through Friday 8:30 a.m. to 5:00 p.m. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 Your written comments on the project are requested and can be delivered to DCD, 6300 Southcenter Blvd, Ste 100, Tukwila, WA 98188. Comments must be received by 5:OOpm on April 29, 2015. You may request a copy of any decision, comment on the project, and learn your appeal rights by calling the Project Planner: Jaimie Reavis (206) 431-3659 Jaimie.Reavis@TukwilaWa.gov or by visiting our offices at 6300 Southcenter Blvd., Suite #100, Monday through Friday 8:30 a.m. to 5:00 p.m. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 Your written comments on the project are requested and can be delivered to DCD, 6300 Southcenter Blvd, Ste 100, Tukwila_ WA 98188. Comments must be received by 5:OOpm on April 29, 2015. You may request a copy of any decision, comment on the project, and leam your appeal rights by calling the Project Planner: Jaimie Reavis (206) 431-3659 Jaimie.Reavis@TukwilaWa.gov or by visiting our offices at 6300 Southcenter Blvd., Suite # 100, Monday through Friday 8:30 a.m. to 5:00 p.m. You are receiving this notice because you are a property owner or tenant within 500ft of this project. el AGENCY LABELS 6eit_q�c� ( ) US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( )US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ( ) Office of the Governor (X) WA State Community Development ( ) WA Fisheries & Wildlife, MillCreek Office ( ) WA Fisheries & Wildlife, Larry Fisher, 1775 12th Ave NW Ste 201, Issaquah WA 98027 ( ) Dept of Social & Health Services ( ) Dept of Ecology NW Regional Office, Shoreland Div. SHORELINE NOD REQUIRES RETURN RECEIPT (X) Dept of Ecology, SEPA **Send Electronically ( ) Office of Attorney General ( ) Office of Hearing Examiner ( ) KC Boundary Review Board ( ) Fire District # 11 ( ) Fire District # 2 ( ) KC Wastewater Treatment Div ( ) KC Dept of Parks & Recreation (X) KC Assessor's Office Section 3 KING COUNTY AGENCIES ( ) Health Department ( ) Port of Seattle ( ) KC Dev & Enviro Services-SEPA Info Center (X) KC Metro Transit Div-SEPA Official, Environmental Planning ( ) KC Dept of Natural Resources ( ) KC Dept of Natural Resources, Andy Levesque ( ) KC Public Library System (X) Foster Library ( ) Renton Library ( ) Kent Library ( ) Seattle Library Section 4 SCHOOLS/LIBRARIES (X) Westfield Mall Library (X) Tukwila School District ( ) Highline School District ( ) Seattle School District ( ) Renton School District (X) QWEST Communications (X) Seattle City Light (X) Puget Sound Energy ( ) Highline Water District ( ) Seattle Planning &Dev/Water Dept (X) Comcast Section 5 UTILITIES ( ) BP Olympic Pipeline (X) Val-Vue Sewer District ( ) Water District # 20 (X) Water District # 125 ( ) City of Renton Public Works ( ) Bryn Mawr-Lakeridge Sewer/Water Dist ( ) Seattle Public Utilities (X) Waste Management ( ) Tukwila City Departments ( ) Public Works ( ) Police ( ) Planning ( ) Parks & Rec ( ) City Clerk ( ) Fire ( ) Finance ( ) Building ( ) Mayor Section 6 CITY AGENCIES ( ) Kent Planning Dept ( ) Renton Planning Dept (X) City of SeaTac (X) City of Burien ( ) City of Seattle ( ) Strategic Planning *Notice of all Seattle Related Projects ( ) Puget Sound Regional Council ( ) SW KC Chamber of Commerce ( ) Muckleshoot Indian Tribe * ( ) Cultural Resources ( ) Fisheries Program ( ) Wildlife Program ( ) Duwamish Indian Tribe * Section 7 OTHER LOCAL AGENCIES (X) Puget Sound Clean Air Agency (X) Sound Transit/SEPA ( ) Duwamish River Clean Up Coalition * ( ) Washington Environmental Council ( ) People for Puget Sound * ( ) Futurewise * send notice of all applications on Green/Duwamish River ( ) Seattle Times (X) South County Journal Section 8 MEDIA (X) Highline Times ( ) City of Tukwila Website P:Admin\Admin Forms\Agency Checklist first name Sangoeun & Sim Sophorn Darwin & Vivian C Abraha Wilbur Dr Yaroslav Paul V William & Kimberly TUKWILA Rin TUKWILA Sandra J TUKWILA TUKWILA TUKWILA TUKWILA Herald & Pamela J TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA Jesus Bustos TUKWILA Wilson K TUKWILA TUKWILA TUKWILA TUKWILA TUKWILA Ken W TUKWILA TUKWILA TUKWILA last name Mann Bosteder Zerai Chinn Drofyak Cun Mitchell COMMUNITY MEMBER Chan COMMUNITY MEMBER Banakes COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Hubner COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Guzman COMMUNITY MEMBER Lew COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Song COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER address 11015 21ST AVE SW 11051 24TH PL SW 12002 ROOSEVELT WAY 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3434 S 144TH ST Apt 334 TUKWILA 3434 S 144TH ST Apt 335 TUKWILA 3434 S 144TH ST Apt 336 TUKWILA 3434 S 144TH ST Apt 337 TUKWILA 3434 S 144TH ST Apt 338 TUKWILA 3434 S 144TH ST Apt 339 TUKWILA 3434 S 144TH ST Apt 340 TUKWILA 3434 S 144TH ST Apt 341 TUKWILA 3434 S 144TH ST Apt 342 TUKWILA 3434 S 144TH ST Apt 343 TUKWILA 3434 S 144TH ST Apt 344 TUKWILA 3434 S 144TH ST Apt 345 TUKWILA 14239 34TH AVE 5 Apt 102 TUKWILA 14239 34TH AVE S Apt 103 TUKWILA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 98168 TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER 14239 34TH AVE S Apt 104 14239 34TH AVE S Apt 201 14239 34TH AVE S Apt 302 14239 34TH AVE S Apt 304 14239 34TH AVE S Apt 402 14239 34TH AVE S Apt 101 14239 34TH AVE S Apt 102 14239 34TH AVE S Apt 103 14239 34TH AVE S Apt 104 14239 34TH AVE S Apt 201 14239 34TH AVE S Apt 202 14239 34TH AVE S Apt 203 14239 34TH AVE S Apt 204 14239 34TH AVE S Apt 301 14239 34TH AVE S Apt 302 14239 34TH AVE S Apt 402 14239 34TH AVE S Apt 303 14239 34TH AVE S Apt 403 14239 34TH AVE S Apt 304 14239 34TH AVE S Apt 404 14229 34TH AVE S Apt 1 14229 34TH AVE S Apt 10 14229 34TH AVE S Apt 11 14229 34TH AVE S Apt 12 14229 34TH AVE S Apt 2 14229 34TH AVE S Apt 3 14229 34TH AVE S Apt 4 14229 34TH AVE S Apt 5 14229 34TH AVE S Apt 6 14229 34TH AVE S Apt 7 14229 34TH AVE S Apt 8 14229 34TH AVE S Apt 9 3516 S 146TH ST Apt 1 3516 S 146TH ST Apt 101 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 102 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 103 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 104 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 105 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 106 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 107 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 108 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 109 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 2 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 201 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 202 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 203 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 204 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 205 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 206 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 207 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 208 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 3 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 301 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 302 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 303 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 304 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 305 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 306 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 307 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 308 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 309 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 4 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 5 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 6 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 7 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3516 S 146TH ST Apt 8 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3530 S 146TH ST Apt 1 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3530 S 146TH ST Apt 2 TUKWILA WA 98168 TUKWILA COMMUNITY MEMBER 3530 S 146TH ST Apt 3 TUKWILA COMMUNITY MEMBER 3530 S 146TH ST Apt 4 TUKWILA WA TUKWILA WA 98168 98168 O AGENCY WA STATE COMMUNITY DEV WA DEPT OF ECOLOGY KC ASSESSOR'S OFFICE KC METRO TRANSIT/SEPA OFFICIAL FOSTER LIBRARY WESTFIELD MALL LIBRARY TUKWILA SCHOOL DISTRICT QWEST COMMUNICATIONS SEATTLE CITY LIGHT PUGET SOUND ENERGY COMCAST VAL-VUE SEWER DISTRICT WATER DISTRICT #125 WASTE MANAGEMENT CITY OF SEATAC CITY OF BURIEN PUGET SOUND CLEAN AIR AGENCY SOUND TRANSIT/SEPA OFFICIAL SOUTH COUNTY JOURNAL HIGHLINE TIMES DIVISON SEPA REVIEW ACCOUNTING DIVISION ENVIRONMENTAL PLANNING ENVIRONMENT & SAFETY DIV PLANNING DEPARTMENT PLANNING DEPARTMENT SEPA REVIEW UNION STATION ADDRESS PO BOX 48300 PO BOX 47703 500 4th AVE, RM# 709A 201 S JACKSON ST., MS KSC-TR-0431 4060 S 144th STREET 1386 SOUTHCENTER MALL 4640 S 144th STREET 23315 66th AVE S PO BOX 34023 PO BOX 90868 12645 STONE AVE N PO BOX 69550 PO BOX 68147 8111 -1st AVE S 4800 S 188th STREET 415 SW 150th 1904 3rd AVENUE, STE 105 401 S JACKSON STREET 600 S WASHINGTON 133 SW 153rd STREET CITY ST ZIP OLYMPIA WA 98504 OLYMPIA WA 98504 SEATTLE WA 98104 SEATTLE WA 98104 TUKWILA WA 98168 TUKWILA WA 98188 TUKWILA WA 98168 KENT WA 98032 SEATTLE WA 98124 BELLEVUE WA 98009 SEATTLE WA 98133 SEATTLE WA 98168 SEATTLE WA 98168 SEATTLE WA 98108 SEATAC WA 98188 BURIEN WA 98166 SEATTLE WA 98101 SEATTLE WA 98104 KENT WA 98032 BURIEN WA 98166 Teri Svedahl SentFrom: Thursday,JaReApril > G ( v O lJ Sent: April 02 2015 10: 7 AM lS Subject: RE: My schedule 5q To: Teri Svedahl G ` t D O Hi Teri, 6dq 00006 (_3 I'm sorry 1 haven't sent this to you sooner, but I have a notice mailing that needs to go out by next Friday. It's for Mike Overbeck's project. I need to schedule a public meeting and put the date on the postcard. I will work to get this to you ASAP. Jaimie From: Teri Svedahl Sent: Thursday, April 02, 2015 10:02 AM To: DCD Planning Subject: My schedule Hi all - 1 will be out quite a few days, here and there, this month. .,Jg661OC) 6v0J'669 The first being next Thursday and Friday. I have quite the full plate right now that will have to be cleaned up before then. Please plan accordingly if you need anything from me, or touch base with me so we can see what we can work out. Thank you. O T e lry S v-e4a-i' -L Administrative Support Technician City of Tukwila - Planning Department 6300 Southcenter Boulevard - Ste 100 Tukwila WA 98188 Teri.Svedahl@TukwilaWA.gov The City of opportunity, the community of choice. Cys V,5 Pd1/2_&).,(24, March 27, 2015 Mr. Mike Overbeck 4620 S. 148th Street Tukwila, WA 98168 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION RE: Osterly Park Townhomes Phase I Final Subdivision Application L14-0066 (Subdivision -Final Plat), PL14-0039 (Project File) Dear Mr. Overbeck: Your application for a final subdivision plan review for Phase I of the Osterly Park Townhomes project is considered complete on March 27, 2015 for the purposes 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. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. The next step for this project will be to erect a public notice board on the project site within 14 days. I will coordinate the public notice mailing with the date I post additional project information on the sign, at which time the 21 -day public notice period will begin. Per TMC 18.108.050 (A), the Notice of Application shall set a date for a public meeting, which shall be conducted at least 5 calendar days prior to the end of the public comment period, and at least 14 days prior to the City Council public hearing. I will send you the information that you will need to have printed on the sign shortly, after I've determined a time and place for the public meeting. Please feel free to contact me with any questions at (206) 431-3659. Sincerely, 424 Ve4,4414- Jaimie Reavis Senior Planner cc. PL14-0039 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S), KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSONCS) OR ENTITYCS) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER THE DEDICATION OF THE PROPOSED TRACTS AND UTILITIES ARE SUBJECT TO THEIR COMPLETION BY THE DEVELOPER AND ACCEPTANCE AND APPROVAL BY THE PUBLIC WORKS DIRECTOR THAT THEY HAVE BEEN COMPLETED TO CITY STANDARDS. IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF , 20___ Mike Overbeck ACKNOWLEDGMENTS Julia D. Overbeck STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE CHIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. STATE OF WASHINGTON COUNTY OF SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES ____ I CERTIFY THAT I KNOW DR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES _— RECORDER'S CERTIFICATE FILED FOR RECORD THIS DAY OF 20 AT M. IN BOOK SOF _AT PAGE AT THE REQUEST OF MGR SUPT. OF RECORDS TUKWILA APPROVALS EXAMINED AND 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 SYSTEMS AND OTHER LAND USE CONTROLS. EXAMINED AND APPROVED THIS DAY OF . 20 . PUBLIC WORKS DIRECTOR ALL INSTALLED IMPROVEMENTS ARE IN ACCORDANCE WITH THE PRELIMINARY PLAT APPROVAL. THE SUB DIVIDER HAS EXECUTED BOND AGREEMENTS IN ACCORDANCE WITH TMC 17.024.030 TO ASSURE COMPLETION OF REMAINING REQUIRED IMPROVEMENT'S AND CONSTRUCTION PLANS. PUBUC WORKS DIRECTOR CRY OF TUKWILA TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS ___ DAY OF ___. 20__ FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS____ DAY OF 20 ___ MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TD THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF , 20___ KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS — DAY OF 20 . KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 SOUTH 144TH STREET SITE SOUTH 146TH STREET VICINITY NOT TO SCALE LEGAL DESCRIPTIONS LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; AND THE EAST 65.15 FEET OF LOT 4. BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS. PAGE 31. IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 3.5 FEET CONVEYED TO THE CITY OF TUKWILA BY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267 THEREOF. PROPERTY NOTES 1. TRACT "A" RECORDED UNDER KING COUNTY RECORDING NUMBER _ IS A PRIVATE ACCESS AND UTILITIES TRACT. ALL LOTS IN OSTERLY PARK TOWNHOMES SHARE UNDIVIDED AND EQUAL INTEREST IN OWNERSHIP OF TRACT A. MAINTENANCE OF TRACT "A" SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. 2. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT D RECORDED UNDER KING COUNTY RECORDING NUMBER SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION. 3. THE 10 FOOT PRIVATE SANITARY SEWER EASEMENTS RECORDED UNDER RECORDING NUMBER ARE FOR THE BENEFIT OF THE LOTS SHOWN ON THIS SUBDIVISION. MAINTENANCE, REPAIR, AND/OR REBUILDING OF THESE FACILITIES SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W,M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 00000 SURVEY NOTES 1. Field data for this survey was obtained by direct field measurements. Angular and linear relationships were meosured with o six second theodolite and electronic measuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 BASIS OF BEARING BASIS OF BEARING 14422 THIRTY FOURTH SOUTH CONDOMINIUM, VOL. 47/89 a a°64 SHEET 1 OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Seohtrst, Woshington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 bRWN BY LAW J08 NO. 530/4 FIELD DATE 11/11/07 REVISED 3/11/15 Found 2" brass disk w/"X" in concrete in case — 11/11/07 30 30' City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington N87'35'33" W (c) N87'35'52"W (m) 0 North end 4' chain link fence is 0.3' north & 0.9' east of set rebor w/cop New Privote 2 driveway easement 4-- 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. # PHASE 2 u) (J) 0N') O 1n 3.5' conveyed to the City of Tukwila Rec. #20050518000267 f.1 ^i South 744th Street —10' NEW PRIVATE SANITARY SEWER EASEMENT EC. S13T35'. i„"E _ 6. 52"E S87'35'33"E S88' 21.93' LOT L2 W _co O O z '22"E 30.00 LOT ISG J 0 96 rn r;V w0 ')al N Z N O p) —I 27 00' Z' 21.92' LOT 24 51.92' S88'50'22"E N I'^ Irl N ` \ S87'33'54"E TRACT D: TEMPORARY RECREATION TRACT GRAPHIC SCALE 0 15 50 60 120 ( D1 FEET ) 1 inch = 30 ft EFI f 0 LEGEND Concrete Monument in Case Monument no case Tock in Lead or Nail & Disk Set rebor w/cap #23604 Found pipe or rebar Boundary Lines 10 3.21 30.00' c ti E E q " tai) z (.4 o Q • r7 co Y Ts (3 Qa o W 10 2 rd C Ci .~ z� ▪ Qts s`U� 3 orn O Oi S87' 3'54" • •1' 0 16.79' 21.93 LOT 3 8. M M to O z S8 30.01 1. LOT Lw 4�m �; 0 crq bOI Z O ID 50'22"E LOT $ II ivyN a,ahri0 coo to co 0 U) O 110' 26. • •' 1 S88'50'22"E m i o m £ -o m 0 (2) Temp. parking spaces LOT 9 68.75 N87'49'57"W 0 Set 2"x2" hub w/tock (P) Plat beoring or distance (c) calculated bearing or distance Old Lot Lines Easement Lines GP Guest Parking 0' Exception for Rood Rec. #6060692. 2430.54' (m) O M M M m 0 0) N ew Private 24' driveway easement (K) 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. 5 ( Found brass pin w/punch mark in concrete in case — 11/11/07 1748.47' 6 Basis of Bearing of this survey are monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. LOT AND TRACT AREAS TRACT A = 4,672 sf t or 0.11 acres t RECREATION TRACT D = 1,341 sf t or 0.03 acres t LOT LOT LOT LOT LOT LOT LOT LOT LOT LOT 16 = 1,242 sf t or 0.03 acres t 17 = 1,614 sf t or 0.04 acres t 18 = 1,466 sf t or 0.03 acres t 19 = 1,990 sf t or 0.05 acres t 20 = 2,252 sf t or 0.05 acres t 21 = 1,634 sf t or 0.04 acres ± 22 = 1,677 sf t or 0.04 acres t 23 = 1,283 sf t or 0.03 acres t 24 = 1,610 sf t or 0.04 acres t 100 = 12,017 sf t or 0.28 acres t LOT WIDTHS LOTS RANGE IN MONS FROM 21.92 FEET TO 30.01 FEET 4/0-0040 Found 2" brass disk w/punch mark in concrete in case — 11/11/07 South 748th Street SHEET 2 OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PL. Box 813, Seahurst, Washington 96062 (206) 242-6621 FAX (206)243-%79 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 03/12/15 tiny Or 1 UKWIId Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 30 0 N ASBUILT CONDITION S 08/13/08 SCL vault South 144th Street I* curb cut r-_sconcreTe curb -i- 6' concrete walk Existing fire hydrant el 10' Exception for Road curb cut 65.15 N87'35'32"W n• ,406c North end 4' chain link fence is 0.3' north & 0.9' east of set rebar w/cap —7 4 3O 0 15 0 wood fence.~ 0.9' - - N .n oID N oil fifll b cap 1.1' BF'F'(G —0- " 1.3'— GRAPHIC SCALE 30 60 // xi01, / Existing /,ouse , #3421 / o woV deck 0) of N arport m' LS68.73' 8 '35'33"E1? -9, sewer line 9 ainted (green) -east edge concrete TL 0040000094 TL 0040000088 o co 1.6 0 N8T33'S "W '°01, 4a ✓ 120 ( IN FEET ) 1 inch = 30 ft. LEGEND Concrete Monument in Case X Tack in Lead or Nail & Disk 0 Set rebar w/cap #23604 O Found pipe or rebar Hydrant T Power pole Deciduous Tree Evergreen Tree DQ Q sewer manhole Catch Basin Gas Valve Water Valve storm drain manhole water meter power pole w/tight • Lot Line to be Removed Found old cb standing water down 5' (no outlet found) wood fence & f CL swole o N N n rn 0 0 0) v t set 2"x2" w/tack t // aet rebar w/cap 2.00' offset west 04)' 68.75' N87'49'57"W (c) c C' c 0 m °i 'Existing Building 7 o// M Existing /Building 4 —choin link fence is east of line 0 N 0 N New Private 24' driveway DETAIL: EASEMENT LOCATIONS — S 0 07 easement (J) for the benefit of Townhomes 20, 21, 22 and 23 10' NEW PRIVATE SANITARY SEWER EASEMENT I New Private 5' sidewalk easement (K) for the benefit of Townhomes 22 and 23 South 144th Street 11 LOT 1 LOT L __2 co U _ _I 0 0 1-- k0 41.93' Z ice+ i g4- 4193_ ¢J N 41.3' LOT LOT c.O LOT 5 6 Q 7 LOT 17 C 24.92' 8 l I I II 1 25;93' TRACT D: I' r( 25.93' TEMPORATY 1 11 0 O LOT LOT 4 41 92' RECREATION TRACT IJ V Lr-tS Lt-tl GRAPHIC SCALE O 15 30 60 I N Y 0 3 -c E a am v on E 0) 49 Hs en=0c V vco o D 'c -,;`e, Q. - °- a v 61.6 43 o .07 Z 0., LOT 100 120 ( 1N FEET ) 1 inch = 30 ft. I 6 New Private 24' driveway easement (I) for the benefit of Townhomes 16, 17, 18 and 19 10' NEW PRIVATE SANITARY SEWER EASEMENT tjt, 04 SHEET 3 OF 3 SCHROETER611LAND SURVEYING PROFESSIONAL LAND SURVEYORS PA. Box 813, Seahurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB N0. 530/4 FIELD DATE 11/11/07 REVISED 3/12/15 October 29, 2014 Mr. Mike Overbeck 4620 S. 148th Street Tukwila, WA 98168 C.) City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF INCOMPLETE APPLICATION RE: Osterly Park Townhomes Phase I Final Subdivision Application L14-0066 (Subdivision -Final Plat), PL14-0039 (Project File) Dear Mr. Overbeck: Your application for a final subdivision plan review for Phase I of the Osterly Park Townhomes project has been found to be incomplete. The following must be submitted to the permit center to make the application complete: 1) Private covenants intended to be recorded with the plat. There were corrections that were to be made to the draft CC&Rs that were submitted during preliminary subdivision review. Please see circled item number 1 on page 18 of the enclosed preliminary approval letter. 2) Provide recorded and/or draft easement documents and maintenance agreements, if separate from the CC&Rs. 3) Provide documentation that the conditions of preliminary approval have been met. Please address each of the items circled in red in the enclosed copy of the preliminary approval letter. 4) Provide a printed computer plat closure or demonstrated mathematical plat closure on all lots, streets, and boundaries. A sample is enclosed for your reference. Allowable error of closure shall not exceed one foot in 5,000 feet. Upon receipt of these items, the City will re -review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. These applications will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). In addition to the items above, please note the following which must be completed before your application for Final Subdivision for Phase I can be approved: 1) Final approval for the Public Works construction permit for Phase I. There appears to be work under the permit that still needs to be done, and several required inspections that have not yet received approval. 2) The title report submitted with this application does not appear to include both of the parcels on which Phase I will be constructed. We will need a title report dated within 45 days of application filing that includes both parcels and their associated legal descriptions, ownership information, and all known easements and encumbrances. I would be happy to meet with if you have questions about the items that need to be submitted. We can also discuss any questions you have by email (Jainiie.Reavis@TukwilaWA.gov) or by phone (206) 431-3659. Sincerely, Jaimie Reavis Assistant Planner cc. PL14-0039 Page 2 of 2 r ' CEIVED OCT 16 2014 (,(,mMUNI I Y. ,E \IL_LQPMENT Osterlv Park Townhomes Subdivision -Final Plat Discussion In 2009, I received preliminary subdivision approval for Osterly Park Townhomes. This consisted of an approximate 1.7-arce site that included 31 zero lot line townhome units, the requirements for landscaping, guest parking, utilities, access, recreation areas, and frontage improvements were reviewed by the City of Tukwila's Planning, Public works, Police, and Fire departments and approved by the Board of Agriculture Review, and Department of Community development. In the approval, there were to be three phases, of the units themselves constructed. However, the entire Infrastructure, including all utilities, roads and sidewalks, were to be completed. This proved not economically viable and in 2012, I asked for and received a phase approval that included Infrastructure for phase 1 only. This to include the infrastructure and construction of the first 8 units only. In accordance with 18.14.060 the project was subject to design review. Per TMC 18.60.050 a townhouse development must follow the design criteria contained in the Townhouse Design Manual. This manual is available on the city's website. In the preliminary subdivision approval, Site Planning, Building Design, Landscape/Site Treatment, and Miscellaneous Structures/ Street Furniture were all reviewed and changed if need be based on planning staff recommendations and or the request of the city council. Attached is a copy of the Preliminary Subdivision approval, where these issues in great detail are discussed and recommendations are made. In addition to that, we received input from city council meetings and several visits to the planning department. Consequently, all recommendations from the planning staff and city council were used as a chance to make the project better and in every case we tried to accommodate the exact recommendation. There are two changes that have been made in the phase 1 approval received in March 2012 that differ from the original subdivision approval in 2009. The first, being a temporary recreation area, that in phase 2, will removed when the full required landscape area is installed. The other temporary change is that 2 temporary guest parking stalls will be created at the end of the main driveway and later these will be removed as the guest spaces are re located in phase 2. The project compiles completely with the phase 1 approval received in March 2012. Please reference attached items, Subdivision approval, Phase 1 approval, Landscaping plan, and the Surveyor's phase 1 drawings. Thank you, Mike Overbeck Owner Osterly Park Townhomes City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director STAFF REPORT TO THE BOARD OF ARCHITECTURAL REVIEW DEPARTMENT OF COMMUNITY DEVELOPMENT Prepared November 2, 2009 HEARING DATE: STAFF CONTACT: NOTIFICATION: FILE NUMBERS: ASSOCIATED FILES: APPLICANT: REQUEST: November 12, 2009 Jaimie Reavis, Assistant Planner • Notice of Application posted on site and mailed to surrounding properties and agencies with jurisdiction on March 27, 2009. • Notice of Public Hearing posted on site, mailed to surrounding properties, agencies with jurisdiction, and parties of record October 27, 2009. It was also published in the Seattle Times on October 29, 2009. L08-076 Preliminary Subdivision L08-079 Design Review E08-022 SEPA/Environmental Review C09-014 Traffic Concurrency Certificate L08-077 Comprehensive Plan Amendment L09-002 Rezone PRE08-01 1 Pre -Application Meeting Mike Overbeck Preliminary Subdivision and Design Review approval by the Board of Architectural Review to subdivide six existing parcels into 31 unit lots, an access and utilities tract and recreation tracts, for development of 31 townhomes. LOCATION: 14420 34th Ave S (parcel #0040000087) 14422 34th Ave S (parcel #6391100000) 14424 34th Ave S (parcel #6391110000) 6433610240 14426 34th Ave S (parcel #0040000083) 3421 S 144th St (parcel #0040000088) 3429 S 144th St (parcel #0040000094) COMPREHENSIVE PLAN DESIGNATION/ ZONING DISTRICTS: High Density Residential (HDR) SEPA COMPLIANCE: The City of Tukwila, as the lead agency for this project, issued a Determination of Non -Significance for this project on October 28, 2009. JR Page 1 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview SR.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206- 431-3665 PUBLIC COMMENTS One written response, from Dana Dick of Valley View Sewer District, was received in response to the notice of application. Comments from Dana Dick were to inform the City of Tukwila and the applicant that capping permits will be required prior to demolition of any of the existing buildings, and a developer extension will be required to provide sewers to the proposed townhome project. This information was forwarded to the applicant and will be added as a condition of approval of the preliminary subdivision application. RECOMMENDATIONS: L08-076 Preliminary Subdivision Staff recommends approval of the Preliminary Subdivision application, with conditions. L08-081 Design Review Staff recommends approval of the development project with conditions. ATTACHMENTS: A. Applicant's response to Design Review and Preliminary Subdivision Criteria B. Site Plan (Sheet Al )Building Elevations/Floorplans/Details (Sheets A2- A5)/Landscaping Plans (Sheets L-1 and L-2) C. Colored Elevations and Isometric Color Rendering D. Plat Survey/Existing Conditions Survey/Civil Plans E. Printed copies of colors and materials and site furniture F. Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes JR Page 2 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc JR Page 3 of 26 11/05/2009 H:\Design Review \Osterly TOwnhomes\L08-076_L08-079_0sterly Park_Subdivision&DesignReview_SR.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206- 431-3665 FINDINGS PROJECT DESCRIPTION Mike Overbeck has applied for design review and preliminary subdivision approval to develop an approximately 1.7 -acre site with 31 townhouse units and required landscaping, guest parking, utilities, access, recreation areas, and frontage improvements. The project will involve demolition of 14 dwelling units including two single-family homes and three condominium buildings (each building containing four dwelling units). The project is proposed to be constructed in three phases. Prior to construction of residential units and final approval of the plat, construction of the access road, utilities, and the larger recreation with children's play equipment will be required to ensure that all required emergency access and infrastructure is in place to serve the first phase of development. Phase I is planned to include units 16-25. Phase II will include units 5-15 and the southern recreation area. Phase III will include units 1-4 and 26-31. This project, if approved, will be the first townhouse project to receive approval since the ordinance (Ordinance 2199, adopted March 2008) allowing development of zero lot line and fee simple townhouses was adopted by the Tukwila City Council. VICINITY/SITE DESCRIPTION Site Description The project site is located on the south side of S 144th Street between Tukwila International Blvd and Military Rd South. Six existing tax parcels make up the project site (see the Existing Conditions Survey in Attachment D). Access to the site will be from driveways located off S 144th Street and 34th Ave. S. The site is within close proximity to many neighborhood destinations, including grocery stores, schools, and parks. Existing Development Two of the existing parcels included in the project (parcels 0040-000088 and 0040-000094) have a combined frontage on S 144th Street of approximately 133 feet. These parcels were formerly developed with single-family homes constructed in the 1940s which have been demolished in the past five years. One of these homes, located on parcel number 0040-000088, was an ongoing City of Tukwila code enforcement problem, and was demolished in 2009 to resolve King County Health violations. Two other parcels included in the project site have a combined frontage of approximately 158 feet along 34th Ave S (parcels 0040-000087 and 0040-000083). Of these two parcels, the parcel located on the south (parcel 0040-000083) has two single-family dwelling units that are proposed to be demolished as part of this project; one of the units was constructed in the 1940s and the other one is a mobile home. The northernmost parcel along 34th Ave S (parcel 0040-000087), and two parcels to the east (parcels 6391- 100005 and 6391-110005) are developed with three two-story condominium buildings containing four dwelling units each which will be demolished as part of the project. Surrounding Land Uses The Osterly Park Townhouse development site is located within the High Density Residential (HDR) zoning district, which allows for up to 22 dwelling units per net acre. The HDR zone is intended to JR Page 4 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc provide a high-density, multiple -family district which is also compatible with commercial and office areas. The project site is adjacent to multifamily development on parcels located directly to the east and to the south, which are also zoned HDR. The parcel directly to the east is developed as a large apartment complex (the La Roche apartments). Farther to the east, approaching Tukwila International Blvd, there is an area of neighborhood retail development including grocery and drug stores, and a variety of other small shops. To the south of the site is another large apartment complex (the Park Avenue Apartments). The three other parcels which border the project site on its south side are developed with smaller apartment complexes, including one duplex and two 4 -unit complexes. The three parcels to the west of the entrance to the site off S 144th Street are zoned Medium Density Residential (MDR), and are developed with one single family home on each parcel. Farther west, across 34th Ave S the area south of S 144th Street is zoned Neighborhood Commercial Center (NCC), and is developed with single family homes and small-scale commercial development. Businesses located in these homes and commercial developments include a salon, a dentist office, a restaurant, and a small grocery store. On the north side of S 144th Street, the area is zoned HDR and is developed with a large apartment complex (the Samara 1), with a single family home to the west of Samara 1, and the Cascade View community Park on the east side of the Samara 1. West of 34th Ave S, the north side of S 144th Street is zoned MDR and contains multi -family development. Topography Topography at the site is currently relatively flat. The topography is proposed to remain relatively flat after proposed development; the northern portion of the site will be all at one grade, and there will be a gradual slope down from the western side of the site to the eastern area of the site. Vegetation Vegetation on the project site currently consists of shrubs, blackberries, and several mature trees. Existing trees on the site include Hemlock, Cedar, and Fir trees on the north portion of the site, and Cherry, Maple, Fir, Ash, and Locust trees on the southern portion of the site. Most of the existing trees are located in areas where the access drive, townhouse buildings, or utility lines are proposed. There is an opportunity to retain one Cedar and one Hemlock located at the northwestern corner of the site, and an Ash clump located in the southeastern corner of the site. These trees shall be retained unless there is a conflict with location of proposed utilities or fences. Access There will be two access points to the development from public streets. These include 34th Ave S and S 144th Street. REVIEW PROCESS The applicant is proposing to subdivide six existing parcels into 31 unit lots, with an access and utility tract and recreation tracts. Any land being divided into ten or more unit lots shall receive preliminary plat JR Page 5 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc approval by the Tukwila Planning Commission as a Type 4 decision according to the provisions of 18.108.040. Townhouse development in Tukwila is restricted to the Medium Density Residential (MDR) and High Density Residential (HDR) zoning districts. According to 18.14.060, design review by the Board of Architectural Review is required for all multi -family structures over 1,500 square feet in size. Design review criteria for townhouse development are contained in the Townhouse Design Manual, which is available online at http://www.ci.tukwila.wa.us/dcd/dcdplan.html. Once a townhouse project receives preliminary subdivision and design review approval by the Planning Commission/Board of Architectural Review, the applicant must apply for a Public Works permit for construction of project infrastructure. Prior to receiving final approval, the developer of townhouse units may also apply for building permits to construct dwelling foundations. The project must receive final approval from the Tukwila City Council prior to construction beyond dwelling foundations. REPORT ORGANIZATION This staff report has been divided into two sections. The first section covers the Design Review decision; the second covers the Subdivision Preliminary Plat decision. Staff's conclusions and recommendations follow each section. SECTION ONE - DESIGN REVIEW DECISION CRITERIA - DESIGN REVIEW The Osterly Park Townhomes project is subject to design review under 18.14.060 requiring all multi -family structures to receive design review approval. Per TMC 18.60.050 (C), townhouse development is subject to the design criteria contained in the Townhouse Design Manual. In the following discussion, the main topic areas of the architectural review criteria for townhouse development contained in Tukwila's Townhouse Design Manual is shown followed by Staff's comments. The Townhouse Design Manual is available online at http://ww-w.ci.tukwila.wa.us/dcd/dedplan.html. 1. SITE PLANNING Streetscape The Osterly Park Townhomes project includes street frontage on S 144th Street and 34th Ave S. The original site configuration included townhouse buildings which had the side of the buildings facing the public street. The applicant revised the original site plan so that units adjacent to S 144th Street and 34th Ave S will face the street. This helps improve the street presence of the development project, allowing windows and front porches to face the street. A combination of landscaping, trellises, and fences provide physical separation of street -facing units from the public realm of the street, providing for privacy while at the same time allowing residents to casually observe activities along the street. A decorative fence is proposed to separate the front yard of street -facing units from the sidewalk along both S 144th Street and 34th Ave S. The decorative fence is approximately 4 feet in height and made of black metal with stone veneer fence posts to match the stone veneer on the units facing S 144th Street and 34th Ave S. This fence JR Page 6 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc is meant to signify the entrance to the development, and is proposed to include a sign with the name of the development at each entrance. Design of the sign will be reviewed as part of a sign permit application to ensure consistency with the architectural style of the development. Within the development site, a combination of trellises and/or landscaping separates the sidewalk on either side of the access road from the pathways leading to the front entrances to each of the units. Natural Environment Due to the site configuration, there is little existing vegetation that can be retained. However, mature trees, including an 8" Cedar and a 7" Hemlock located on the north portion of the site (on tax lot 0040-000088), and an Ash clump located in the southeastern corner of the site (on tax lot 0040-000094) shall be retained as a condition of approval of this application, unless there is a conflict with location of proposed utilities or fences. The proposed location of buildings, recreation areas, and landscaping on the site has been designed to screen adjacent development from view within the project and from view points along S 144th Street and 34th Ave S. The location of westernmost unit of the tri-plex and the recreation area at the southeastern corner of the site was chosen in order to create a focal point from S 144th Street. The combination of this portion of the tri-plex and trees located in the south portion of the recreation space help to screen the existing apartment building to the south from view. The location of trees within the front yard areas of units B12 and B13, as well as trees within the adjacent perimeter landscaping area to the south of these units help to screen the adjacent apartment building to the east from view within the development, and from the public right-of- way of 34th Ave S. Buildings along S 144th and 34th Ave S face the street. Buildings that do not face public streets, with the exception of units C24 and C25, have the side of the building facing the street. In order to create more of a relationship between the side elevation of units and the private access road, a few different design elements were added: 1. A window was added to the side elevation of the first floor. 2. A small area with landscaping was added in between the building and the sidewalk. Tall - growing plantings are included in the landscape design to screen blank walls areas along the first floor elevation. 3. A trellis was added to the side building adjacent to the private access road to add architectural interest and provide more greenery to the streetscape. Circulation (Pedestrian and Vehicular) A comprehensive system of sidewalks links the recreation areas and the entrances to all buildings within the project to the 5 -foot wide sidewalks on either side of the private access road. Sidewalks along the private access road connect to the 6 -foot wide sidewalks along S 144th Street, and to new 6 -foot wide sidewalks that will be constructed in front of project site along 34th Ave S. In the middle of the project site, raised pedestrian crossings will be installed across the private access road to provide greater visibility to pedestrians. These crossings will be concrete to distinguish them from the asphalt used for the roadway. One of these walkways is located to provide an east - west connection between units on the east side of the development and the recreation space with JR Page 7 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_LO8-079_Osterly Park_Subdivision&DesignReview_SR.doc play equipment; the other walkway provides a north -south connection between the two recreation areas. The pavement area in between these two walkways, as well as within the shared garage access areas, will be made of a patterned and/or colored material to distinguish it from the asphalt roadway. The material submitted by the applicant for this area is sample of a concrete aggregate. In initial discussions with the applicant, the material was proposed to be colored concrete pavers. The material submitted does not provide the design quality envisioned, and as a major element of the site design, staff would like to recommend that the applicant change the material to concrete pavers, brick, or other material of a higher design quality. Staff recommends that the appropriate material be determined by the Community Development Director as part of the review of the Public Works construction permit. There are two access points to the site for vehicles; one from S 144th Street and another from 34th Ave S. These two driveways allow through -movement from 34th Ave S to S 144th Street. A combination of the narrow roadway width, and raised pedestrian walkways which act as a speed table, will help to preserve this through -connection as a local access road for residents of the development rather than as a cut -through for non -local traffic. Parking Parking for residents of the Osterly Park Townhomes project will be within the attached two -car garage for each unit. With the exception of units C24 and C25, these garages are accessed within shared garage access areas located off the private access road in order to minimize conflicts between autos and pedestrians and to better screen garage areas from view. Landscaping, including a row of trees and shrubs, is proposed to be clustered at the end of the shared garage access area to help provide greenery to this paved area. Additionally, trellises will be located in between the garage doors of each building having a shared garage access area in order to provide some additional greenery (see Rear Elevation, Sheet A3 of Attachment B for typical elevation for all unit types which have a shared garage access area). Units C24 and C25 have garages located directly off the private access road. There is extra space in front of the garages for these units to provide residents visibility to watch out for traffic (both along the sidewalk and within the roadway) as they are backing out of the garages. The extra space in front of garages also provides room for on -street parking for residents of these units. Twelve on -street guest parking spaces are proposed on the south side of the site. Groupings of on - street parking stalls are separated by landscape islands with street trees, which minimize the pavement area of the access road and add greenery to the streetscape. Solar Orientation The large number of windows on the second- and third- stories of the buildings in the project will allow sunlight into the living spaces within each unit. Units on the site which are likely to receive the most exposure to the sun are units 31, 28, and 26. Street trees will help provide partial shade to windows of units 31 and 26 during summer months while at the same time allowing scattered sunlight into windows on the south side of these buildings. JR Page 8 of 26 1 I/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc Crime Prevention The design of this project incorporates several elements to reduce opportunities for crime. A decorative fence is proposed along both S 144th Street and 34th Ave S, to be located approximately 5 feet back from the public sidewalk along S 144th Street and 34th Ave S. This fence is intended to provide a symbolic and, to a lesser extent, a physical barrier between the project site and the public streets from which access is provided to the development. The fence is open, allowing surveillance of the street from street -facing units. A 6 -foot high perimeter fence will be located along all other property lines to separate the site from adjacent properties. Within the development, a combination of landscaping and trellises separate individual front yard entrance areas from the private access road serving the development. These design elements help to create symbolic areas of influence, giving residents and visitors alike an indication of which areas of the site are more private. Clustering of perimeter landscaping at the end of the garage access areas where the landscaping can clearly be seen helps to keep other areas along the perimeter clear for better surveillance. The location of the recreation areas in the middle of the development make them easy to be watched over by adjacent townhouse units, as well as from the private access road. The mailboxes are proposed to be located near the entrance to the development off 34th Ave S, and activity at the mailbox will be easily seen from adjacent townhouse units, as well as from the private access road and the right-of-way of 34th Ave S. Lighting levels within the project site have been reviewed by the Tukwila Police Department, and are also regulated by section 18.52.065 of the TMC and the Tukwila Infrastructure Design and Construction Standards administered by the Public Works Department. The Tukwila Police Department recommends a lighting level of 5 footcandles in the areas where the pedestrian crossings of the private access road are located. The lighting levels within the recreation areas are recommended to be 2-3 footcandles. Within the shared garage access areas, guest parking areas, and along sidewalks within the project, the Police Department recommends lighting levels of at least 1 footcandle. Section 18.52.065 of the TMC requires that porches, alcoves, and pedestrian circulation walkways within HDR zones be provided with low-level safety lighting. The Public Works Department establishes appropriate lighting levels along roadways. The applicant has submitted a lighting plan that staff recommends be revised and resubmitted with the Public Works construction permit to meet the requirements above, as well as to examine potential glare impacts to the residential units from the proposed lighting. A copy of the light fixtures the applicant is proposing to use is included in Attachment E. II. BUILDING DESIGN Neighborhood Compatibility The existing single family homes in the area located in the MDR and NCC zoning districts were constructed in the period from 1930 to 1965, with most being built in the 1940s. All other commercial and multifamily development surrounding the project on all sides was constructed in the 1960s. The area of Tukwila in which this project is located was annexed to Tukwila in the 1990s. Much of the development in this area would not meet the design criteria and zoning requirements that are currently in place, including the Multi -Family Design Manual. Rather than taking design cues from the modern -style multi -family structures building in the 1960s, which have little building modulation (if any), and flat roofs, the design of the structures in the Osterly JR Paae 9 of 26 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc 11/05/2009 Park Townhomes is more similar in design to single-family development in the area, incorporating elements of Northwest regional architecture including peaked roofs, large eaves, brackets for roof elements, building modulation for window areas, and use of wood siding and shingles for the building facade. The buildings proposed as part of the Osterly Park Townhomes project are in scale with the existing neighborhood multifamily residential units, as well as the underlying and surrounding zoning. The height and mass of the buildings is in between the scale of the large apartment complexes and the existing single-family homes that are in the vicinity of the project site. Nearby single-family homes are in the Medium Density Residential (MDR) and Neighborhood Commercial Center (NCC) zoning districts; zones which allow development of much greater intensity than the existing single family development. The proposed townhome buildings are three stories in height, with a maximum height of approximately 36 feet. The underlying HDR zoning district allows a maximum height of 45 feet. The La Roche apartment complex to the east of the project site has four, 2 -story rectangular buildings which are arranged in a rectangle with a central open space area. The Park Avenue apartments located to the south of the project site are also 2 -stories in height. The Samara 1 apartment complex across the street to the north of the project site has multiple 3 -story buildings, each in the shape of a long, narrow rectangle. The overall building mass of these apartments is much greater than the proposed townhome buildings will be. While the townhouse units in the proposed project will be taller than some of the adjacent apartment buildings, the length of the buildings will be much shorter so that the overall mass of the buildings in the proposal is not as large as adjacent multifamily development. Building Elevations Each building within the project, whether duplex or triplex, will read as a unified mass through consistent use and placement of colors, materials, and modulation. Colors and arrangement of the different types and siding are varied from building to building within the site to create visual and architectural interest. There are four different building types used in this project (A, B, C, and D). These are shown on Sheets A2 -A5 of Attachment B, as well as on the Colored Elevations in Attachment C. The Site Plan (Sheet Al of Attachment B) shows the location of each of these different building types within the project. The units in Building A, at 22 feet wide, are slightly wider than those in Building B, which are 20 feet wide. Both of these buildings have three bedrooms. The design of these buildings varies slightly; the main distinction is the width of the front and rear modulations, which creates a difference in the size of the balconies and the design and location of windows in the vicinity of the balconies. There is only one C building type included in the project. The units in this building have two bedrooms (there is no bedroom on the first floor). The garage door and the front door for these units are located on the front elevation. The balconies on this building are smaller than those on other units, due to the large width of the building modulations on the front and rear elevations. The D building uses the same floorplan as the A units, with one more unit added to the building to make a triplex. Unlike the A units, the balconies on the D building are located on the rear elevation. This was done because of the close proximity of the D building to the Park Avenue JR Page 10 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc Apartments to the south. Balconies on the rear elevation of the D building provide more privacy than they would if located on the front elevation, and provide a view of landscaping and recreation spaces within the Osterly Park Townhomes development. Windows Multi -pane windows are proposed for all sides of each building. However, during staff review of the project, there was concern that the side elevation along the first story of the buildings did not have enough windows to create visual interest along the private access road. Because the first floor of the units along the private access road will contain the garage and a bedroom, the applicant did not want to provide additional windows to the first story due to noise and security concerns. Instead, two elements were added, including a trellis incorporated into the architecture of the building on the side facing the street, and a landscaping strip between the building and the sidewalk to provide space in which tall shrubs could be placed to screen the blank wall areas. These elements address staff concerns by working to screen blank wall areas, and to add greenery and visual interest to the streetscape while at the same time meeting the applicant's desire to maintain privacy and security for first floor uses. Sheets A2 -A5 (Attachment B) show the shape of modulations and configuration of windows on the second and third floors of side elevations. These elements are varied among buildings to make the sides of the buildings slightly different from one another. This was also done to help address staff concerns about how the side elevation would be repeated and would be the dominant elevation seen as you look down the street through the development. Roofline All of the buildings within the project have pitched roofs. Some of the buildings within the project will have roof forms that slope down on the side elevations; others will have gables. This helps to vary the look of the roofs from building to building, and also helps to add variety to the look of the side elevation of the building. Modulation is used on all sides of each different building type. The size of the modulations and the location of windows on the front and rear elevations differs for each building type. The size of the balconies on the front elevations also varies by building type. The range of design options for the side elevations for all building types is demonstrated on Sheets A2 -A5. These sheets illustrate how the height, width, and roof design of the modulations for the windows and the gas fireplaces on the sides of the building differs and will be varied throughout the site. Building Massing Adjacent developments, including the La Roche apartment complex to the east and the Samara 1 apartment complex to the north, are long, narrow rectangular buildings. Building lengths for these apartment buildings are between 125 and 200 feet, and widths are between 30 and 50 feet. The scale of the Osterly Park Townhomes buildings are more similar to the smaller multi -family buildings located to the south of the project site (including two 4 -unit apartment buildings), which are more in the range of 50 feet long by 30 feet wide. Including side elevation modulations, the maximum dimension of the buildings in the Osterly Park Townhomes project is approximately 48 feet (side-to-side) by 38 feet (front -to -back). In contrast to all of the surrounding multi -family development, whether large scale or small, building and roof modulation incorporated into the JR Page 11 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_0sterly Park_Subdivision&DesignReview_SR.doc design of the townhome units helps to differentiate the units within the same building from one another, and also helps to reduce the appearance of the building mass. Materials and Colors Materials used for the building exteriors will primarily be wood, with the addition of stone veneer to the base of the front elevation of units facing the street along 34th Ave S and S 144th Street. A combination of horizontal and vertical wood siding and cedar shingles will be used on building exteriors. Cedar shingles will be used primarily on the side elevation modulations. They will also be used as the siding material on the first floor on some of the units (See Building C in Attachment B, Sheet A4) and as the material used for the upper portion of the roof on other units (see Front Elevation of Building B in Attachment B, Sheet A3). A neutral color palette that includes seven different color schemes, all of which are in the same color family, has been submitted. Additionally, some of the wood shingles on the buildings will be painted, and others will be a natural wood color. Front doors on the units will be painted with either the trim color or red (see color sample in Attachment E). All colors to be used for the project, including the seven different color schemes, a picture sample of the wood finish for the shingle, and red door color are included in Attachment E. For each building, at least three colors will be used, to include a color for the body of the unit, an accent color, and a trim color. The isometric color rendering showing the entire development (Attachment C) provides an example of how the different color schemes will be distributed throughout the site. Please note that the colors on the isometric drawing are not an exact match to the actual colors that will be used according to the paint sample colors contained in Attachment E. Garage Design The original design for the Osterly Park Townhomes included a long row of townhouses, with garages accessed directly off the Jrivate access drive. A change to this design was suggested in order that units adjacent to S l44t Street and 34th Ave S would have the front elevation, including the front door, facing the street. Additionally, there was concern about having the garage doors accessed directly from the private access road, so the design of the townhome buildings was changed so that there would be duplex units on either side of the access road, with each grouping of units sharing a common garage access area separated from the private access road. The location of the garages off the private access road also helps to screen the garage doors from view. An exception to this pattern is the C Building, which has garages accessed from the private access road. On these units, the building modulation over the garages helps recess the garages doors, minimizing their appearance. The front doors and balconies on the building help to create a relationship between the building and the private access road. The garages for all the building types include a window on the side elevation so that the garages appear to contain habitable space and to create visual interest along the first floor elevation. As shown in the colored elevations, the garage doors incorporate windows, and will be painted to match the color scheme of the buildings. JR Page 12 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc III. LANDSCAPE / SITE TREATMENT Landscape Design and Design for Screening and Separation In the landscape design for the Osterly Park Townhomes, the plantings are arranged to focus attention to high -visibility locations of the site, to reduce the appearance of paved areas by adding greenery, and to provide for screening and separation. Two of the areas of the site in which there is a notable concentration and variety of plantings include the front yard areas at the back side of the public sidewalk along S 144th Street and 34th Ave S. The concentration of trees and shrubs at these entry points to the site help to signal the entrance to the development while at the same time helping to separate the public realm of the sidewalk from the private development. Other areas on the site with a high concentration of plantings include the two recreation spaces, including the kids' play space and the more passive recreation area that includes a picnic table and open lawn area. The large number and variety of plantings helps to make the recreation areas focal points within the development. Shrubs placed at the back of curb and along the perimeter help to direct pedestrian traffic along the sidewalks into the recreation areas, and to provide a sense of enclosure that still allows passersby and residents in surrounding buildings to casually observe activity. The location of shrubs and trellises adjacent to the sidewalks along the access drive similarly direct pedestrian traffic moving to the front entrance of townhouse units, while acting as a symbolic barrier to separate the more public space of the private access drive from the front yard/private recreation areas of the townhouse units. Landscaping within the southeastern corner of the site, where the front entrances to triplex units are located along the south property line, includes several trees which help to screen from view the adjacent apartment building located to the south. The location of trees on the south side of units B12 and B13 also works to help screen from view the La Roche apartment building located to the east. In order to reduce the appearance of paved area on the site, changes that were made to the original landscape plan include the following: • Street trees were added to the southern portion of the private access road in between areas of on -street parking. In contrast to the northern area of the project site, the parcel configuration within the southern area of the site provided more width to allow room for on -street parking and landscape islands to accommodate street trees. • A two -foot landscape strip in between the townhome buildings and the sidewalk along the private access road was added. While relatively narrow, these two -foot spaces provide enough room for plantings including bamboo and tall -growing grasses, which help add greenery on either side of the private access road, while at the same time helping to screen blank wall areas along the sides of first story of the townhome buildings. Trellises attached to the side elevation of the townhome building also help to add greenery to the streetscape while adding visual interest to the side of the townhome buildings. • A trellis attached to the wall area in between the garage doors on the rear elevation of each building was added (with the exception of the "C" units, which have the front door of the units on the same side of the building as the garage doors). JR Page 13of26 11/05/2009 H:\Design Review\Osterly Townhoimes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc In order to further reduce the appearance of paved area on the site and to accomplish screening within the shared garage access areas, the applicant is requesting approval to cluster trees and shrubs within the perimeter landscape area rather than spacing them evenly. Type 1 perimeter landscaping requires one tree for each 30 lineal feet of required perimeter, and one shrub for each 7 lineal feet of required perimeter. Curb cuts are excluded from the calculation. The following are the criteria from TMC section 18.52.020 (B) for approval of landscape perimeter averaging: I. Plant material can be clustered to more effectively screen parking areas and blank building walls. 2. Perimeter averaging enables significant trees or existing built features to be retained. 3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allow joint use of parking facilities between neighboring businesses. 4. Width of the perimeter landscaping is not reduced to the point that activities on the site become a nuisance to neighbors. 5. Averaging does not diminish the quality of the site landscape as a whole. The perimeter areas of the site adjacent to S 144th Street and 34th Ave S meet the perimeter landscaping requirements, where at least one tree per 30 lineal feet and one shrub per 7 lineal feet are provided. Within the site, however, trees and shrubs are clustered so they can be seen at the ends of the shared garage access areas from the private access road. The total number of trees and shrubs in these clustered areas is the same as would be required if they were spaced evenly throughout the perimeter. Staff believes that approval of the request for landscape perimeter averaging is consistent with the criteria above for the following reasons: • The resulting landscape pattern will add greenery at the end of the garage access areas, helping to minimize the extent of paved area by providing green focal points; • The resulting landscape pattern will allow the spaces in between the buildings and the perimeter fence to remain clear of potential hiding spaces and will allow for private use of these areas as pea patches or other small-scale recreation that will be screened from view by the building; • The resulting landscape pattern will not diminish the quality of the landscaping on the site as a whole. Protection of Existing Trees Existing trees on the site include Hemlock, Cedar, and Fir trees on the north portion of the site, and Cherry, Maple, Fir, Ash, and Locust trees on the southern portion of the site. Most of the existing trees are located in areas where the access drive, townhouse buildings, or utility lines are proposed. There is an opportunity to retain one 8" diameter Cedar located at the northwestern corner of the site, one 7" diameter Hemlock, and an Ash clump located in the southeastern corner of the site. As a condition of approval of the design review application, these trees shall be retained unless there are conflicts with the location of utility lines and fences. Outdoor Space Design There are two outdoor recreation spaces proposed within this project. For the design and function of these spaces, the applicant consulted with the Tukwila Parks and Recreation Department staff. JR Page 14 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc One of the spaces is intended to provide on-site recreation space for children aged 5-12; the other is intended for all ages, including adult residents, for picnics and passive recreation. The kids' play space is approximately 3100 square feet and is located on the north and west sides of the private access drive in the middle of the site. Its location in the center of the development allows for casual surveillance of activity by surrounding townhome units. The raised pedestrian walkways and patterned pavement within the private access road help to signify that this area of the site is different from other areas, so that motor vehicle operators will be more watchful as they move through this area of the site. The play space will be surrounded by a low metal fence, with gates on the east and south sides of the recreation space, made of the same black metal used for the fence used at the street front (see detail in Attachment B, Sheet A5). Play equipment proposed has been selected to meet the needs of the 5-12 year old age group, including facilitating group interaction and skill testing. Large rocks will provide additional climbing/play opportunities for children, as well as potential seating for adults supervising their children. Benches will also be located within the recreation area to provide seating (see Attachment E for pictures of proposed play equipment and metal benches). The other recreation area is approximately 1400 square feet, and is located on the south side of the private access drive to the south of the children's play space. This recreation area contains a picnic table and an open lawn area with benches. The recreation activities in this area are intended to be less intense, including activities such as reading, dog -walking, picnicking, etc. IV. MISCELLANEOUS STRUCTURES / STREET FURNITURE Lighting Samples of the proposed light fixtures have been submitted with a draft lighting plan (see Attachment E). Lighting fixtures proposed include decorative street lamps, and square lights that will be recessed within the townhouse buildings. The draft lighting plan submitted by the applicant showed lighting levels that would be very bright. Therefore, staff recommends as a condition of approval that the lighting plan be resubmitted with the Public Works construction permit, and reviewed administratively according to lighting level requirements contained in TMC section 18.52.065, the Tukwila Infrastructure Design and Construction Standards, and recommendations from the Tukwila Police Department. Fencing, Walls, and Screening Three different types of fences are used in the Osterly Park Townhomes Project. Details for these fences are shown on Sheet A5 of Attachment B. 1. Decorative fences to include a sign with the name of the development project will be placed along the front property line along S 1.44th Street and 34t Ave S. These fences will be a maximum height of 4 feet, and are proposed to be made of black metal with fence posts faced with the same stone veneer material that will used on the base of townhome units facing the public streets along S 144th Street and 34th Ave S. The black metal used for the street front fence is the same fence that will be used to separate the recreation spaces from the private access drive. This type of black metal fence will completely enclose the recreation space designed as a children's play area. 2. A low wooden fence will be used to provide a sense of separation and privacy for the front entrance areas to the units facing S 144th Street and 34th Ave S. JR Page 15 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc 3. A 6 -foot tall perimeter fence will be placed along all other property lines to provide privacy and separation from surrounding development. Service Areas The applicant met with the waste removal company to determine that individual waste containers will be used for garbage and recycling service. The draft "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" states that garbage and recycling containers must be kept in garages until the day designated for pickup. Further, the CC&Rs state that the Association may adopt rules as necessary to manage the disposal of garbage and recycling. The location and type of mailboxes to serve the units in this project has been reviewed by the postmaster. The cluster mailbox structure will be located on the south side of the private access drive; adjacent to 34th Ave S. Sheet A4 of Attachment B shows the proposed design of the structure that will house the mailbox cluster. The mailbox structure will be made of wood, with a peaked roof for weather protection. It has not yet been determined where the individual meters for the units, or electrical boxes for the lighting, will be located. As a condition of approval of the design review application, staff suggests screening of individual meters be included as part of the building permit review for each townhouse building, and screening for electrical boxes and similar equipment necessary for project infrastructure be included as part of the review of the Public Works construction permit. Street Furniture Attachment E includes pictures of the bench proposed within the recreation areas, which has a metal base and seating material made of recycled plastic with a natural wood color. The picnic table shall be consistent in color and material with other site furnishings such as the benches. Additionally, large rocks placed within the recreation areas will provide climbing opportunities for shall children, and can potentially provide additional seating. Attachment E contains pictures of the proposed street lights which will be used throughout the site, including the recreation areas. CONCLUSIONS - DESIGN REVIEW 1. Site Planning A combination of landscaping, fences, and building orientation helps to accomplish transitions from public to private spaces. These elements help the development to present an aesthetically pleasing entrance, or "face", to the neighborhood, while at the same time making use of landscaping and low fences as barriers to signal that the townhome project is a private residential community. The arrangement of buildings on the site works to screen from view some of the large walls of the buildings adjacent to the project. Shared garage access areas help to move vehicle maneuvering out of the private access road, while at the same time working to screen the garage access areas from view so that that the garage doors are not a dominant feature along the streetscape. On -street parking spaces provide parking for guests to the site. These parking spaces are broken into groupings by landscaping islands with street trees, which help to minimize the pavement area within the southern portion of the access road. JR Page 16 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc The patterned and colored material used within the shared garage access areas and in between the raised pedestrian walkways in the vicinity of the recreation spaces will add visual interest within paved areas of the project. The concrete aggregate material submitted by the applicant is not consistent with the level of design interest the patterned pavement is intended to create for the project, as shown on the site plan (Sheet Al of Attachment B). Staff recommends a different decorative pavement treatment be selected on as part review of the Public Works construction permit. The location of the recreation spaces in the middle of the site allows opportunities for surveillance by surrounding townhome units. Clustering of perimeter landscaping at the end of the shared garage access areas provides additional greenery within these paved areas, while allowing the spaces between the townhouse buildings and the 6 -foot perimeter fence to remain clear of vegetation for easier surveillance. A draft lighting plan showing very bright lighting levels was submitted for the project. Staff recommends the lighting plan be revised and resubmitted for review administratively as part of the Public Works construction permit. 2. Building Design The townhouse buildings proposed as part of the Osterly Park Townhomes project will add architectural interest to the neighborhood; the design of the structures in the Osterly Park Townhomes incorporates elements of Northwest regional architecture including peaked roofs, large eaves, brackets for roof elements, building modulation for window areas, and use of wood siding and shingles. The scale of the buildings is less severe than the long walls of the apartment complexes adjacent to the project site on the east, south, and north sides. The length of buildings included in this project is at least half that of the La Roche and Samara apartment complexes, and building and roofline modulation included in the design of the buildings helps to further reduce the scale of the proposed buildings. Colors and materials used will be consistent for each building, so that each duplex or triplex included in the project will read as one unified mass. Complimentary colors will be used and varied throughout the site. Additionally, colors, roof forms, and arrangement of materials on the different buildings throughout the project add variety in texture and colors. Variation in the design of modulation forms and arrangement of windows from building to building is also included in the design of the townhome buildings in this project. 3. Landscape and Site Treatment. Landscape design proposed for this project accentuates the entry points to the development, helps to create focal points within the project, including the recreation spaces in the center of the project; and the design works to help minimize the appearance of paved areas, blank wall areas, and adjacent development. The applicant's request to cluster landscaping at the ends of garage access areas, if approved, will allow clustering of landscaping where it can be seen on the site, and where it will help add greenery to areas of the site dominated by pavement. Existing trees, including a Cedar and Hemlock tree in the north portion of the project site, and an Ash clump in the southern part of the site, shall be saved as a condition of approval of the design review application unless there are conflicts with the location of utilities or fences. Recreation spaces on the site have been designed based on guidance provided by staff from the Tukwila Parks and Recreation Department. The two spaces include a recreation area for children ages 5 to 12 years old, and a more flexible space for reading, picnicking, etc. Both of JR Page 17 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc these areas can be casually observed from adjacent townhouse units, and are separated from activity within the street by low shrubs and fences. 4. Miscellaneous Structures and Street Furniture Light fixtures proposed with the project include recessed lights within the side of the building, which will provide pathway lighting along the sidewalk, and street lamps which will provide lighting within the recreation areas and along the private access road. A draft lighting plan was submitted by the applicant that included lighting levels that are too bright for the project site. Staff recommends the revised plan be resubmitted and reviewed administratively as part of the Public Works construction permit, as a condition of approval of the design review application. The different types of fences for the project include a decorative fence at the entrances to the project along S 144th Street and 34th Ave S; a perimeter fence along all other property lines; 3 ' foot tall wooden fences within front porch areas; and a short metal fence to separate the recreation areas from the private access road (similar in design to the decorative fence used at the project entrance). These fences are consistent with the other materials used for the buildings in the project, and are appropriate in design for the locations where they are proposed, and for their intended function. A sign permit shall be obtained for any signs at the entrance to the project, and shall be reviewed for compliance with the Tukwila Sign Code. Trash and recycling containers shall be kept inside the garages of the individual townhouse units, except of trash and recycling collection days, as specified in the codes, covenants, and restrictions for the project. Additionally, the meters and any other service equipment shall be screened by landscaping as a condition of approval of the design review. Benches and large decorative rocks are proposed within both recreation spaces. The benches proposed are made of metal and recycled plastic, and are a natural wood color consistent with the color palette used for the townhome buildings. The picnic table will also be made of materials and colors consistent with the architectural style of the development. RECOMMENDATIONS - DESIGN REVIEW Staff recommends design review approval and special permission approval for landscape perimeter averaging for the Osterly Park Townhome project, subject to the following conditions: 1. Existing trees, including an 8" diameter Cedar and a 7" diameter Hemlock located on the north portion of the site (on tax lot 0040-000088), and an Ash clump located in the southeastern corner of the site (on tax lot 0040-000094) shall be retained unless there is conflict with location of proposed utilities. 2. A revised lighting plan shall be submitted as part of the Public Works construction permit showing lighting levels to meet City requirements. 3. The material used in areas shown as having patterned pavement shall be submitted as part of the Public Works construction permit, and reviewed administratively by the Community Development Director. 4. A sign permit shall be obtained for any signs at the entrance to the project, and shall be reviewed for compliance with the Tukwila Sign Code and for consistency with the architectural style of the development. 5. Screen individual meters, electrical boxes and similar equipment necessary for project infrastructure. This screening shall be reviewed and approved administratively as part of the review of the Public Works construction permit. JR Page 18 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc SECTION TWO — SUBDIVISION PRELIMINARY PLAT APPLICATION REVIEW PROCESS — SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT APPROVAL There are three basic steps in the subdivision approval process: 1. Preliminary Approval Any land being divided into ten or more unit lots shall receive preliminary plat approval by the Tukwila Planning Commission as a Type 4 decision according to the provisions of 18.108.040. Criteria for Preliminary Plat Approval are contained in section 17.14.020(D). The application was reviewed by the Tukwila Short Subdivision Committee, and staff's response to each of the criteria for preliminary plat approval and recommended conditions of approval are included below. Once a townhouse project receives preliminary subdivision and design review approval by the Planning Commission/Board of Architectural Review, the applicant must apply for a Public Works permit for construction of project infrastructure. Prior to receiving final approval, the developer of townhouse units may also apply for building permits to construct dwelling foundations. The project must receive final approval from the Tukwila City Council prior to construction beyond dwelling foundations. 2. Final Approval After construction of project infrastructure and compliance with conditions of preliminary approval, the applicant must apply to receive final approval for the subdivision plat. The final approval decision on a subdivision plat is made by the Tukwila City Council. Before the final plat is submitted to the City Council, it shall be signed by the Tukwila Finance Director, Director of Public Works, and the Director of the Department of Community Development. 3. Recording Upon approval by the City Council, the subdivision plat shall be signed by the Mayor and attested by the City Clerk. It is the applicant's responsibility to record the City -approved final subdivision plat documents with the King County Department of Records. The applicant will need to pay the recording fees and submit the approved original final subdivision plat to King County. The final subdivision plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. The approved final subdivision plat must be filed with the King County Department of Records five years from the date of this preliminary approval or the application will expire. The Planning Commission may grant a single one year extension. JR Page 19 of 26 11/05/2009 H:\Design Review\Osterly TownhQunes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc DECISION CRITERIA — SUBDIVISION PRELIMINARY PLAT APPROVAL The criteria for preliminary plat approval are listed below in italics, followed by staff's response to each of the criteria. For the applicant's response to the criteria see Attachment A. 17.14.020 (D) Criteria for Preliminary Plat Approval The Planning Commission shall base its decision on an application for preliminary plat approval on the following criteria: 1. The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any other city adopted plans. Following are the relevant policies of the Tukwila Comprehensive Plan: Community Image — Residential Areas Goal 1.6 "Residential neighborhood physical features that are "small town" in character: • Residential -scale streets, with on -street parking allowed (in additionto required off-street parking). • Lawns, trees, and low -scale fences in front yards. • Garages located toward the rear or side of the lot. • Front porches and sidewalks that allow interactionbetween passing neighbors. • Shallower front yards consistent with the adjacent pattern of development. This project includes a 20 -foot access road with sidewalks on both sides which provides a through -connection from 34th Ave S to S 144th Street. The street width is wide enough to provide adequate access to the development, but narrow enough to deter drivers from using the access road as a cut -through and/or moving through the project at high speeds. In the middle portion of the development, the pavement ramps up to a raised pedestrian walkway area, which acts as a speed table to slow drivers down in the area where the two recreation areas are located. The pavement in this area will be patterned and/or colored to add greater visibility. Along the southern portion of the private access road, the street includes on - street parking and street trees. All of these elements help to enhance the residential character of the development. With the exception of the "C" type units in the middle of the site, all of the garages are accessed from a shared garage access area, helping to screen garage areas and separate vehicle turning movements from the street. Front porches will be located on the units that have frontage on 34th Ave S and S 144th Street. The porches are proposed to be enclosed by 4 -foot high fences. These areas will encourage interaction between neighbors while also incorporating low fences which will help delineate private from public space. Units that do not front along the public streets have private recreation space located at the front entrance to their units. These areas can be used as front porch areas, and will allow interaction between neighbors. Streetscape Development 7.4.1 Provide pedestrian and other nonmotorized travel facilities, giving priority to sidewalk improvements that connect public places, such as parks, the river, open spaces, and neighborhood gathering spots. JR Page 20 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc Sidewalks are proposed on both sides of the private access road that will serve this project. These sidewalks connect residential units to recreation areas, the mailbox, and to sidewalks along S 144th Street and 34th Ave S. 7.4.2 Emphasize a network of residential local access through -streets, minimizing cul-de- sacs. The private access road proposed for this project will provide a through -connection from 34th Ave S to S 144th Street. 7.4.4 Design residential local access streets to provide the minimum capacity for emergency access and for slow traffic. The width of roadway for this project, at 20 feet, is the minimum necessary to provide capacity for emergency access. Pedestrian amenities including raised pedestrian walkways and street trees will help establish the character of the street as a residential, local access street and help deter fast speeds and cut -through traffic. Residential Neighborhoods 7.6.10 Ensure that all multi family residential developments contribute to a strong sense of community through site planning focused on neighborhood design integration; building design architecturally linked with the surrounding neighborhood and style; streetscapes that encourage pedestrian use and safe transition to private spaces; with trees reducing the effecis of large paved areas; with recreational spaces and facilities on site; creative project design that provides a diversity of housing types within adopted design criteria, standards, and guidelines; and operational and management policies that ensure safe, stable living environments. The design of this project has evolved from the applicant's original submittal, which was a site plan that included a long row of townhouses, the garages of which fronted the access road. The site plan has been revised to include smaller townhouse buildings located on either side of the access road, with shared garage access areas to prevent vehicles from having to maneuver within the through street where there is more activity occurring. The recreation space was moved to the middle of the site, creating a focal point that can be seen from either entrance to the development. Raised pedestrian walkways are located within the private access road to provide greater visibility to pedestrians crossing the roadway to and from the recreation spaces. Several design elements help to reduce the effect of paved area, including street trees along the southern portion of the access road, trees placed as close as possible to the roadway in the front yard areas of some units, and landscaping and trellises located in between the buildings and the sidewalk. Additionally, patterned pavement located in the shared garage access areas and in the area of the access road in between the recreation areas will help to add visual interest to the paved areas on the site. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision that are consistent with current standards and plans. Plans for water, storm drainage, erosion control, and sanitary sewage disposal are contained in the Civil Plans for the project (see Attachment D), and have been reviewed by the Public Works Department for compliance with city standards. Basic Development Standards for the HDR zoning district (TMC Section 18.14.070) require townhouse JR Page 21 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc developments with development coverage of over 50% to incorporate low -impact development techniques, if feasible (including such features as pervious pavement, raingardens, etc.). The development area coverage for the Osterly Park Townhomes project is approximately 55%. During meetings among the applicant, the applicant's civil engineer, and Tukwila's surface water engineer, it was determined that soil conditions on the project site do not allow stormwater infiltration. These site conditions preclude the applicant's ability to incorporate low -impact development techniques as part of this project. 3. Appropriate provisions have been made for road, utilities and other improvements that are consistent with current standards and plans. Provisions for access, utilities, and other improvements have been reviewed by multiple departments, including the Planning, Fire, Building, and Public Works departments. Because of challenges presented by the shape and width of the project site, the applicant met with representatives from the departments mentioned above on multiple occasions to discuss revisions to the site plan, including street width and configuration, and on -street parking. The resulting street, at 20 feet wide with 5 -foot sidewalks on both sides and on -street parking along the southern portion, represents an exception to the standard 28 -foot roadway width required for a local access street. However, a roadway width of 20 feet, with additional room provided for on -street guest parking, was determined by the Public Works and Fire departments to be acceptable for the amount of traffic and for emergency access requirements. Additionally, narrower roadways in residential areas are consistent with Comprehensive Plan policies (see discussion under number 2, Streetscape Development, above). The Planning Commission has the authority to approve the preliminary plat, and any exceptions to the requirements of the subdivision code shall be considered by the Planning Commission according to TMC section 17.28. The residential units are proposed to be constructed in three phases. Prior to construction of residential units and final approval of the plat, construction of the access road, utilities, and the larger recreation with children's play equipment will be required to ensure that all required emergency access and infrastructure is in place to serve the first phase of development. Phase I is planned to include units 16-25. Phase II will include units 5-15 and the southern recreation area. Phase III will include units 1-4 and 26-31. A draft lighting plan has been submitted by the applicant to provide lighting for the access road, on -street parking, and sidewalk and recreation areas. Since the draft submitted includes lighting levels that are much brighter than needed to meet City requirements, staff recommends that this plan be revised and resubmitted for review administratively as part of the Public Works construction permit (see previous discussion of lighting requirements contained in the Design Review portion of this staff report, under section I. Site Planning, Crime Prevention). 4. Appropriate provisions have been made for dedications, easements and reservations. The applicant has submitted a plat survey showing proposed easements (see Attachment D), and a draft copy of easement documents and codes, covenants, and restrictions (see JR Page 22 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc Attachment F). These documents have been reviewed by the Public Works and Planning departments, as well as the City Attorney's Office. These documents shall be revised to reference BAR approval, and to include joint maintenance agreements for access road, utilities, and landscaping areas. Also, the legal descriptions under Exhibit A of the codes, covenants, and restrictions shall be added to the document, and reviewed administratively. Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. This is the first townhouse project to be reviewed and to undergo design review since townhouse development was allowed in Tukwila starting in March of 2008. The configuration of unit lots (the lot area corresponding to each townhouse unit) is appropriate for this development type. The lots are compatible with the area in which they are located; the addition of townhome development to the area will add to the diversity of housing types available. The scale of the development is most similar to the duplex and four-plex units located to the south of the project site; the buildings as proposed are in between the scale of the high-density, large apartment complexes located to the east and the north of the project site and the single-family dwelling units located to the west. 6. The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations. The project has been reviewed for compliance with the requirements of the Tukwila Subdivision and Zoning Ordinances. Issues that will need to be addressed prior to final subdivision approval are listed under the "Conclusions" section below. 7. Appropriate provisions for maintenance of privately owned common facilities have been made. The applicant has submitted a draft of the Codes, Covenants, and Restrictions (CC&Rs) for the Osterly Park Townhomes subdivision. These rules outline common responsibilities of owners and residents of property within the development for maintenance of common areas, including recreation spaces, parking areas, and the access drive, as well as how owners who share a common wall will coordinate to make repairs to their homes (i.e. roof repairs, painting, etc.) so that the aesthetic appearance and function of each building remains intact. Prior to final approval, the "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" shall be revised to reference BAR approval, and to include joint maintenance agreements for access road, utilities, and landscaping areas. Also, the legal descriptions under Exhibit A of the codes, covenants, and restrictions shall be added to the document, and reviewed administratively. 8. The subdivision complies with RCW 58.17.110. Review of this project by multiple departments at the City of Tukwila, including Building, Community Development, Public Works, and Fire, and written findings based on the project review found here meet the requirements of RCW 58.17.110. According to plans submitted by the applicant, appropriate provisions have been made for the public health, safety, and general welfare, for recreation areas, and for infrastructure including access and JR Page 23 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc utilities. The proposed subdivision is consistent with the Tukwila Comprehensive Plan and will serve the public interest. CONCLUSIONS - SUBDIVISION PRELIMINARY PLAT APPROVAL The following conclusions are numbered according to the Subdivision Preliminary Plat criteria: 1. The project complies with applicable goals and policies of the Tukwila Comprehensive Plan. 2. The project has been reviewed by the Public Works department to ensure that appropriate provisions, consistent with city standards and plans, are included for water, storm drainage, erosion control, and sanitary sewage disposal. 3. Proposed infrastructure, including access road, utilities, and frontage improvements have been reviewed by the Public Works, Planning, Building, and Fire department for consistency with current standards and plans. A draft lighting plan has been submitted by the applicant to provide lighting for the access road, on -street parking, and sidewalk and recreation areas. The draft plan shows lighting levels that are much brighter than necessary. Staff recommends the lighting plan be revised and reviewed administratively as part of the Public Works construction permit to meet recommendations of the Tukwila Police Department, the lighting requirements in TMC section 18.52.065 and the Tukwila Infrastructure Design and Construction Standards. 4. Appropriate provisions have been made for easements and for codes, covenants, and restrictions. Prior to final subdivision approval, easements and the "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" shall be revised to reference BAR approval, and to include joint maintenance agreements for access road, utilities, and landscaping areas. Also, the legal descriptions under Exhibit A of the codes, covenants, and restrictions shall be added to the document, and reviewed administratively. Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). 5. The design, shape and orientation of the proposed lots are appropriate for the proposed use of the site for townhouse development. The type of development and site design is compatible with the area in which it will be located. 6. The subdivision complies with the zoning requirements of the HDR zone, and has been reviewed for compliance with the subdivision code. 7. The "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements" includes provisions for use and maintenance of privately owned common facilities, including private access road, recreation areas, and landscaping. 8. The proposed subdivision is consistent with Tukwila's Comprehensive Plan, zoning and subdivision regulations, and other city plans. The subdivision as proposed will serve the public interest and will comply with RCW 58.17.110. RECOMMENDATION — SUBDIVISION PRELIMINARY PLAT APPROVAL Staff recommends approval of the Subdivision Preliminary Plat application with the following conditions: PRELIMINARY APPROVAL CONDITIONS The following shall be addressed as part of the Public Works Construction Permit: 1. The applicant shall submit a revised lighting plan to meet recommendations of the Tukwila Police Department, the lighting requirements in TMC section 18.52.065 and the Tukwila Infrastructure Design and Construction Standards. JR Page 24 of 26 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc 11/05/2009 2. All utilities for the project, private access road and sidewalks, and the recreation area located on the west and north sides of the private access road (including children's play equipment), shall be completed as part of the Public Works construction permit. 3. The applicant shall obtain an NPDES construction permit for this project. 4. A street light mast arm shall be added to the existing wooden pole. 5. Overhead utilities along 34th Ave S shall be moved underground, unless the applicant applies for and obtains a waiver from this requirement from the Public Works Director. The applicant shall submit an estimate for work to underground these utilities with the waiver request. 6. Storm drainage for roof drains, foundation drains, and paved areas shall be infiltrated and/or dispersed on-site, or detention provided. Civil site plans shall be reviewed as part of the PW infrastructure permit. Contact the Tukwila Public Works Department for submittal and design requirements. 7. Access road, utilities, undergrounding of power, and extension of sewer and water lines to the unit lots shall be approved by the appropriate departments and/or utility and conform to the Civil Plans dated August 4, 2009. As -built plans shall be provided to the Public Works Department prior to final approval. 8. Install all required site improvements, including those proposed in the application and those identified above as conditions of approval. You will need to obtain all required permits prior to beginning any construction. For water and sewer permits, contact the individual provider District. For City of Tukwila utilities, contact Tukwila Public Works at (206) 433-0179 for a Public Works (PW) type 'C' permit for approval. A Street Use will be part of this permit and require bonding, insurance, and a Hold Harmless Agreement for work within the Public Right -of -Way. 9. Minimum clear access road width is 20 feet. Fire lane marking/stenciling will be required as necessary to ensure width is maintained. 10. Submit a current water availability letter from Water District 125. The following shall be addressed as part of the Demolition Permit(s): 1. Existing structures shall be demolished prior to final approval, unless a bond for demolition of the structures is submitted to and approved by the Director of the Department of Community Development. 2. The applicant shall apply to the Puget Sound Clean Air Agency for PSAPCA permits for demolition of existing structures 3. Per Dana Dick of Valley View Sewer District, capping permits will be required with demolition of any of the existing buildings, and a developer extension will likely be required as part of the process to provide sewers to the development. The following shall be addressed prior to final approval of the subdivision plat: 1. Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" shall be modified to reference BAR approval, and to include joint maintenance agreements for access road, utilities, and landscaping areas. Also, the legal descriptions under Exhibit A of the codes, covenants, and restrictions shall be added to the document, and reviewed administratively. Easements and the codes, covenants, and restrictions shall be recorded prior to final subdivision approval. 2. Separate easement documents and maintenance agreements for any common infrastructure (utility lines, access roads/driveways) shall be submitted for review and approval by the Public Works Director. 3. Submit a set of recording documents in either legal or record of survey format that meet the King County Recorder's requirements and contain the following items: JR Page 25 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc a) A survey map as described in the application checklist that is consistent with all of the conditions of approval. The surveyor's original signature must be on the face of the plat. b) Separate easement document with legal descriptions for any common access/utility infrastructure. c) Separate joint Maintenance Agreements for the access road, drainage system, and landscaping areas. d) Add Tukwila land use file number L08-079 for the subdivision application to all sheets of the survey. e) Include Existing Conditions Survey as Sheet 5 of 5 of the survey sheets. f) Add a vicinity map to the survey. g) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also add legal descriptions for each of the tracts. h) The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat. The following shall be addressed as part of the Building Permits: 1. Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). 2. Buildings will be required to meet fire flow requirements per the International Fire Code. 3. Adequate ground ladder access area of 15 feet minimum depth to be provided for 2nd and 3rd story bedroom rescue windows. JR Page 26 of 26 11/05/2009 H:\Design Review\Osterly Townhomes\L08-076_L08-079_Osterly Park_Subdivision&DesignReview_SR.doc City of Tukwila Jinn Haitigerton, Mayor Department of Community Development Jack Pace, Director STAFF REPORT TO THE BOARD OF ARCHITECTURAL REVIEW DEPARTMENT OF COMMUNITY DEVELOPMENT Prepared March 12, 2012 HEARING DATE: STAFF CONTACT: NOTIFICATION: FILE NUMBERS: ASSOCIATED FILES: APPLICANT: REQUEST: March 22, 2012 Jaimie Reavis, Assistant Planner • Notice of Application posted on site and mailed to surrounding properties and agencies with jurisdiction on February 14, 2012. • Notice of Public Hearing published in the Seattle Times, posted on site, and mailed to surrounding properties and agencies with jurisdiction March 8, 2012. L08-079 Preliminary Subdivision L12-005 Design Review Major Modification E08-022 SEPA/Environmental Review C09-014 Traffic Concurrency Certificate L08-076 Design Review L08-077 Comprehensive Plan Amendment L09-002 Rezone PRE08-011 Pre -Application Meeting Mike Overbeck Request to amend the condition of approval of the original preliminary - approved subdivision and design review to allow phased development of a 31 -unit townhome development. The original decision was issued in November 2009. At this time the applicant is proposing 8 units as part of Phase I; the remaining 23 units would be Phase II. The new phased approach includes a temporary recreation space proposed as part of Phase I that was not reviewed as part of the original design review. LOCATION: 14420 34th Ave S (parcel #0040000087) 14422 34th Ave S (parcel #6391100000) 14424 34th Ave S (parcel #6391110000) 6433610240 14426 3411 Ave S (parcel #0040000083) 3421 S 144th St (parcel #0040000088) 3429 S 144th St (parcel #0040000094) JR Page 1 of 18 03'152012 H:' Design Review.Osterlv Town1io nes`.Major Modification L12-005 PL12-001 L12-005 L08-079 PL12-004 Osterlv Major Modification SR.doc 6300 Southcenter Boirlevnrci, Suite =100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fox: 206- -131-366 7 8 COMPREHENSIVE PLAN DESIGNATION/ ZONING DISTRICTS: High Density Residential (HDR) SEPA COMPLIANCE: The City of Tukwila, as the lead agency for this project, issued a Determination of Non -Significance for this project on October 28, 2009. PUBLIC COMMENTS No comments were received during the Notice of Application for the Design Review Major Modification application. RECOMMENDATIONS: L08-079 Preliminary Subdivision Staff recommends approval with conditions of the Preliminary Subdivision application. L12-005 Design Review Major Modification Staff recommends approval with conditions of the design review major modification. ATTACHMENTS: A. Applicant's request B. Letter from Water District 125 C. Staff Report to the Board of Architectural Review dated November 2, 2009 along with the original approved plan sheets: Site Plan (Sheet Al); Building "B" Elevations/Floorplans (Sheet A3); Landscaping Plans (Sheets L-1 and L-2); Survey (Sheet 3 of 4) D. New Plan Sheets a. Site Plan (Sheet Al) b. Landscaping Plans (Sheets L-1 and L-2), c. Survey (Sheets 1-3; Existing Conditions Survey) iR Page 2 or 18' 03'15'2012 IL Design Review Osterly TownhomesMajor Modification _L12-005 PL12-004.L12-005 L08-079 PL12-004 Oslerlc Major Modification SR.doc „ rF „. ;11,1 _ )11u4;!4..... X11: C:'�Pf ,„„ Phase I (dashed area) JR Page 3 of 18 03'15'2012 H:.Design Review Osterly Townhomes`.Major Modification L12-005 PL12-004'L12-005 L08-079 PL12-004 Osterly 1\lajor Modification SR.doc 6300 S'outhecnter Boulevard, Suite 100 • Tukwila. Washington 98188 • Phone 206-431-3670 • Fciv: 206- 431-366 FINDINGS PROJECT DESCRIPTION Mr. Mike Overbeck received design review and preliminary subdivision approval in November 2009 for the Osterly Park Townhomes, a project to develop an approximately 1.7 -acre site with 31 townhouse units along with the required landscaping, guest parking, utilities, access, recreation areas, and frontage improvements. The Osterly Park Townhomes project was the first townhouse project to receive approval following the March 2008 adoption of Ordinance 2199 by the Tukwila City Council. Ordinance 2199 allows development of zero lot line and fee simple townhouses. Since obtaining the original Board of Architectural Review (BAR) approval for the Osterly Park Townhomes project, Mr. Overbeck has applied for Public Works permit for installation of project infrastructure, a demolition permit to remove the single family home located at 14426 34th Ave S, and a building permit for construction of the first townhome unit (which has since expired). Criteria for design review and preliminary subdivision approval have not changed since the original approval for this project was granted by the BAR in November 2009. Please refer to Attachment C for staff review and recommendations of the original design review and preliminary subdivision applications. One of the conditions of approval of the preliminary subdivision application was the following: "All utilities for the project, private access road and sidewalks, and the recreation area located on the west and north sides of the private access road (including children's play equipment), shall be completed as part of the Public Works construction permit." Due to the cost of construction of project infrastnicture and the applicant's needs for financing the project, Mr. Overbeck is requesting approval to allow phased construction of the access road, utilities, and recreation space along with the first 8 dwelling units in the project. This portion of the project would be constructed first as Phase I starting in 2012, followed by construction of the remainder of the development as part of Phase II. One of the phasing criteria is that each phase of the project must be able to stand on its own; one phase cannot rely on a future phase to meet code requirements. The new proposed phasing involving construction of a portion of the infrastructure and a temporary recreation space represents a major modification to the approved design review if Phase I were to stand on its own. Therefore, Mr. Overbeck's request involves a major modification to the design of the project for Phase I, an amendment to the preliminary subdivision approval, and review of the project according to phasing criteria. VICINITY/SITE DESCRIPTION Site Description The project site is located on the south side of S 144th Street between Tukwila International Blvd and Military Rd South. Six existing tax parcels make up the project site (see the Existing Conditions Survey in Attachment D). Access to the site will be from driveways located off S 144th Street and 34th Ave. S. A rR Page 4 01-18 03 '15 2012 1 0 II:'.Design Review•.Osterly Townhomes.Major Moditication_ L12-005 PL12-004 L12-005 L08-079 PL12-004.Osterly Major Modification SR.doc private road constructed off S. 144t1i St. will serve the eight units proposed as part of Phase I; this private road will continue and turn to the west to serve the remaining 23 units proposed as Phase II. The site is within close proximity to many neighborhood destinations, including grocery stores, schools, and parks. Existing Development Two of the existing parcels included in the project (parcels 004000-0088 and 004000-0094) have a combined frontage on S 144th Street of approximately 133 feet. These parcels were formerly developed with single-family hones constructed in the 1940s which have been demolished in the past five years. One of these homes, located on parcel number 0040-000088, was an ongoing City of Tukwila code enforcement problem, and was demolished in 2009 to resolve King County Health violations. Two other parcels included in the project site have a combined frontage of approximately 158 feet along 34th Ave S (parcels 0040-000087 and 0040-000083). Of these two parcels, the parcel located on the south (parcel 0040-000083) has two single-family dwelling units that are proposed to be demolished as part of this project; one of the units was constructed in the 1940s and the other one is a mobile home. The northernmost parcel along 34th Ave S (parcel 0040-000087), and two parcels to the east (parcels 6391- 10000.5 and 6391-110005) are developed with three two-story condominium buildings containing four dwelling units each which will be demolished as part of the project. Surrounding Land Uses The Osterly Park Townhouse development site is located within the High Density Residential (HDR) zoning district, which allows for up to 22 dwelling units per net acre. The HDR zone is intended to provide a high-density, multiple -family district which is also compatible with commercial and office areas. The project site is adjacent to multifamily development on parcels located directly to the east and to the south, which are also zoned HDR. The parcel directly to the east is developed as a large apartment complex (the La Roche apartments). Farther to the east, approaching Tukwila International Blvd, there is an area of neighborhood retail development including grocery and drug stores, and a variety of other small shops. To the south of the site is another large apartment complex (the Park Avenue Apartments). The three other parcels which border the project site on its south side are developed with smaller apartment complexes, including one duplex and two 4 -unit complexes. The three parcels to the west of the entrance to the site off S 144th Street are zoned Medium Density Residential (MDR), and are developed with one single family home on each parcel. Farther west, across 34th Ave S the area south of S 144th Street is zoned Neighborhood Commercial Center (NCC), and is developed with single fanily homes and small-scale commercial development. Businesses located in these homes and commercial developments include a salon, a dentist office, a restaurant, and a small grocery store. On the north side of S 144th Street, the area is zoned HDR and is developed with a large apartment complex (the Samara 1), with a single family home to the west of Samara 1, and the Cascade View community Park on the east side of the Samara 1. West of 34th Ave S, the north side of S 144°i Street is zoned MDR and contains multi -family development. JR Page 5 01.18 03`152012 I -[:'•.Design Revien'.Osterk Townhomes'.Major Modification L12-005PL12-00-I'L12-005 L08-079 _PL1.2-00 t_Osterly Major Modification SR.doc 11 Topography Topography at the site is currently relatively flat. The topography is proposed to remain relatively flat after proposed development; the northern portion of the site will be all at one grade, and there will be a gradual slope down from the western side of the site to the eastern area of the site. Vegetation Vegetation on the project site currently consists of shrubs, blackberries, and several mature trees. Existing trees on the site include Hemlock, Cedar, and Fir trees on the north portion of the site, and Cherry, Maple, Fir, Ash, and Locust trees on the southern portion of the site. Most of the existing trees are located in areas where the access drive, townhouse buildings, or utility lines are proposed. There is an opportunity to retain one Cedar and one Hemlock located at the northwestern corner of the site, and an Ash clump located in the southeastern corner of the site. These trees shall be retained unless there is a conflict with the location of proposed utilities or fences. Access There will be two access points to the development from public streets. These include 34th Ave S and S 144t1i Street. Proposed access to Phase I is from the driveway off S 144th Street; the driveway off 34°' Ave S will be added as part of Phase II to complete an L-shaped through -street within the development. REVIEW PROCESS The Osterly Park Townhomes project will subdivide six existing parcels into 31 unit lots, with an access and utility tract and recreation tracts. Any land being divided into ten or more unit lots shall receive preliminary plat approval by the Tukwila Planning Commission as a Type 4 decision according to the provisions of 18.108.040. Townhouse development in Tukwila is restricted to the Medium Density Residential (MDR) and High Density Residential (HDR) zoning districts. According to 18.14.060, design review by the Board of Architectural Review is required for all multi -family structures over 1,500 square feet in size. Design review criteria for townhouse development are contained in the Townhouse Design Manual, which is available online at http://www.ci.tukwila.wa.us/dcd/dcdplan.html. Once a townhouse project receives preliminary subdivision and design review approval by the Planning Commission/Board of Architectural Review, the applicant must apply for a Public Works permit for construction of project infrastructure. Prior to receiving final approval, the developer of townhouse units may also apply for building permits to construct dwelling foundations. The project must receive final approval from the Tukwila City Council prior to construction of the dwelling units beyond the foundations. REPORT ORGANIZATION This staff report has been divided into two sections. The first section covers the Design Review Major Modification; the second covers the amendment to the Subdivision Preliminary Plat including a review of the phasing criteria of 17.14.040. Staff's conclusions and recommendations follow each section. .1R Page 6 of 18 03'15'2012 12 H:.Design Review'.Osterly Townhomes•.Major Modification L12-005 PL12-004 L12 -005_L08-079 PL12-004.Osterly Major Modification SR.doc SECTION ONE - DESIGN REVIEW MAJOR MODIFICATION DECISION CRITERIA — DESIGN REVIEW The Osterly Park Townhomes project is subject to design review under 18.14.060 requiring all multi -family stnictures to receive design review approval. Per TMC 18.60.050 (C), townhouse development is subject to the design criteria contained in the Townhouse Design Manual. The project is proposed to be constructed as originally approved, with development broken up into two separate phases. Phasing criteria of TMC 17.14.040 require that a project be reviewed to ensure that each phase meets all pertinent development standards on its own in case subsequent phases are not able to be constructed. The following is a discussion of the changes to the design of the project proposed during Phase I, in relation to applicable architectural review criteria. The applicable architectural review criteria for townhouse development are contained in Tukwila's Townhouse Design Manual; available online at http:%iwww.tukwilawa.gov/dcd/cicclplan.html. L SITE PLANNING Circulation (Pedestrian and Vehicular) Both phases include a comprehensive system of sidewalks which link the recreation areas and the entrances to all buildings within the project to the 5 -foot wide sidewalks on both sides of the private access road. Sidewalks along the private access road connect to the 6 -foot wide sidewalks along S 144t'i Street. A 5 -foot wide sidewalk segment has been added to the southern part of the site for Phase I, to connect sidewalks on the east and west sides of the private access road to the Phase I recreation space located at the southwestern corner of Phase I. If Phase II does not occur, 10 feet of Type I rear yard perimeter landscaping is required along the south property line. Staff recommends as a condition of approval of this application that plans be revised as part of the Public Works permit to add rear yard landscaping on the south side of the new Phase I sidewalk shown along the south property line per landscaping requirements in the HDR zoning district. There are two access points to the site for vehicles for the completed project; one from S 144t1i Street and another from 34t11 Ave S. These two driveways allow through -movement from 34th Ave S to S 144th Street. If Phase II does not occur, the only vehicle access to the project site will be from S. 144t11 Street. The shared garage access areas provide room for vehicle maneuvering into and out of the private road. The resulting cul-de-sac, if Phase I were to stand on its own without construction of Phase II, would be low volume to allow multiple use for street oriented social/recreation areas, consistent with circulation guidelines in the Townhouse Design Manual. Parking Tukwila parking requirements contained in TMC 18.56.065 require two off-street parking spaces for each dwelling unit which contains up to three bedrooms. Parking for residents of the Osterly Park Townhomes project will be within the attached two -car garage for each unit. These garages are accessed from shared garage access areas located off the private access road to minimize conflicts between autos and pedestrians and to better screen garage areas from view. .1R Page 7 of 18 03'15 2012 I-I:•.Design Review Osterly Tonnhonres Major Modification_ L12-005_PL 12-0041 L12-005 L08-079 PL12-00 F Osterly Major Modification SR.doc 13 The continuation of the private access drive as part of Phase II includes twelve on -street guest parking spaces on the south side of the site. The design of Phase I does not currently include guest parking. Shared garage access areas provide enough space for maneuvering into and out of the garages for each townhome unit, but there is no additional space in these areas for guest parking and the Codes, Covenants, and Restrictions for the development prohibit any parking in these areas to maintain garage access for residents. The width of the private access drive for Phase I is 20 feet, which is not wide enough to allow on -street parking while at the same time maintaining enough width for emergency vehicle access. Additionally, on -street parking is not permitted on S. 144th Street in the vicinity of the Osterly Park Townhomes project. Staff recommends a condition of approval be added to require the addition of a minimum of two guest parking spaces, to be located at the south end of Phase I. Staff recommends the design of these spaces be reviewed as part of the Public Works construction permit for Phase I. These spaces will then be removed and the private access drive extended to provide the guest parking spaces originally designed for the project at such time as Phase II is constructed. Crii ne Prevention? The design of this project incorporates several elements to reduce opportunities for crime. If Phase II were not to be constructed, the decorative fence along both S 144th Street would still be constructed as originally proposed, located approximately 5 feet back from the public sidewalk along S 144th Street. This fence provides both a symbolic and a physical barrier between the project site and the public street from which access is provided to the development. The fence is open, allowing surveillance of the street from street -facing units. Additionally, a low wooden fence will be used to separate the public realm from the private front yard areas of the units facing S 144°i St. A 6 -foot high perimeter wood fence is proposed along the side property lines of the entire development. If Phase II is not constructed, staff recommends a condition of approval to require a wood fence be constructed around the sides and rear perimeter of property included as part of Phase I to separate the site from adjacent properties. Similar to a fence around the back yard area of a single-family home, this will help residents maintain surveillance of and limit access to private common areas of the site, including the recreation space and guest parking area. The recreation area proposed for Phase I is designed to be temporary until Phase II proceeds and the recreation spaces originally approved can be constructed. However, there will be a need for lighting for safety and surveillance of the recreation area, guest parking area, and mailbox cluster of Phase I until such time as Phase II is constnicted. Staff recommends a condition of approval to require that lighting be added to the Phase I recreation space, guest parking area, and cluster mailbox location to support enhanced safety and surveillance of these areas. Staff recommends this change to the lighting design be made as part of the Public Works construction permit for Phase I, and reviewed administratively according to lighting level requirements contained in TMC section 18.52.065, the Tukwila Infrastructure Design and Construction Standards, and recommendations from the Tukwila Police Department. II. BUILDING DESIGN There are no changes proposed to the building design. However, if Phase II does not occur, the only building type included with this project will be building type B (see elevations in Attachment .IR Page 8 of 18 03'152012 14 II:•Design Review`•Osterly Townhomes.Ntajor Modification L12-005 PL12-004 L12-005 L08-079 _PL12-004_Osterlv Major [Modification SR.doc C). The use of different color schemes for each of the four buildings as originally proposed will help provide visual variety to Phase I. III. LANDSCAPE / SITE TREATMENT Landscape Design and Design. for Screening and ,S'eparation The current design for Phase I does not include perimeter landscaping at the rear property line where the private access road will continue to the south and west as part of Phase II. Rear yard landscaping must be added to Phase I to meet one of the phasing criteria of TMC 17.14.040, which requires that any one phase cannot rely on future phases for meeting any City codes. Staff recommends, as a condition of approval, that the applicant be allowed to submit a revised landscape plan as part of the Public Works construction permit in conformance with this requirement. This may require an adjustment to the subdivision survey for Phase I; the review of which can be done as part of the application for Final Subdivision Approval. Outdoor Space Design The temporary outdoor recreation space proposed for Phase I is 1,622 square feet, which exceeds the minimum amount of common open space required per 18.52.060 for 8 dwelling units. This temporary Phase I recreation space is slightly larger than the approximately 1,400 square foot recreation space on the south side of the private access drive that is part of Phase II, and the design is similar with its inclusion of lawn area and picnic tables. Townhome developments with 10 or more units must provide an on-site recreation space for children with at least one area designed for children aged 5-12, per TMC 18.52.060. Therefore, the requirement to construct a play area designed for children is not applicable until Phase 11 of the project. IV MISCELLANEOUS STRUCTURES/STREET FURNITURE Lighting Mr. Overbeck submitted a lighting plan reviewed as part of the original design review application which showed lighting levels that would be very bright, and submitted a revised lighting plan as part of a Public Works permit. The lighting levels shown on the revised lighting plan were more appropriate for a residential development than the original lighting levels proposed. As a condition of approval of the current Major Modification application, the lighting plan submitted with the Public Works permit shall be revised to provide lighting, using the sane fixtures approved in the original design review, to the Phase I recreation space, guest parking area, and cluster mailbox location to support enhanced safety and surveillance of these areas. Staff recommends this change to the lighting design be made as part of the Public Works construction permit for Phase T, and reviewed administratively according to lighting level requirements contained in TMC section 18.52.065, the Tukwila Infrastructure Design and Construction Standards, and recommendations from the Tukwila Police Department. Service Areas The location and type of mailboxes to serve the units in this project has been reviewed by the postmaster. The location of the cluster mailbox structure for the development approved by the postmaster and the original design review will be located on the south side of the private access JR Page 9 of 18 03'15'2012 I-I:'+Design Reyiew.Osterly Townhomes,Major t\loditication L12-005 PL12-004.L12-005 L08-079 PL12-004 Osterly Major Modification SR.doc 15 drive; adjacent to 34th Ave S. A new location for a mailbox cluster for Phase I will need to be identified by the postmaster. Staff recommends a condition of approval to allow the location of the mailbox cluster to be determined by the postmaster, and coordinated with the site design as part of the Public Works infrastructure permit. Additionally, the mailbox structure for Phase I shall be the same as the design approved in the original design review. Street Furniture The Phase T recreation space includes two picnic tables. The original design review required that the picnic table in the recreation area located on the south side of the private access drive be consistent with the architectural design of the project. Similarly, as a condition of approval of this Major Modification application, staff recommends that the picnic tables proposed for the Phase I recreation area be consistent in design, materials and colors as the architectural design of the Osterly Park Townhouse development. CONCLUSIONS — DESIGN REVIEW 1. Site Planning Pedestrian and vehicle circulation are accommodated in the design of Phase I of the Osterly Park Townhomes project. The location of the new sidewalk segment along the south property line does not leave enough room for required 10 -foot wide, Type 1 rear yard landscaping. Staff recommends as a condition of approval of this Major Modification application that plans be revised as part of the Public Works permit to add rear yard landscaping on the south side of the new Phase I sidewalk per landscaping requirements in the HDR zoning district. The existing Phase I design does not include guest parking spaces; guest parking for the project is included in Phase T1. There is no room for parking outside of the garages for each unit; the narrow width of the private access drive for Phase I of the Osterly Park Townhomes must remain clear of parked cars to maintain emergency access; and there is no on -street parking allowed on S. 144th Street. Staff recommends a condition of approval be added to require the addition of a minimum of two guest parking spaces, to be located at the south end of Phase I. Staff recommends the design of these spaces be reviewed as part of the Public Works construction permit for Phase I. These spaces will then be removed and the private access drive extended to provide the guest parking spaces originally designed for the project at such time as Phase II is constructed. The project will include a hierarchy of different types of barriers, including landscaping and fences, to separate public areas from private areas. A 6 -foot high perimeter wood fence is proposed along the side property lines of the development for the entire project. If Phase II is not constructed, staff recommends a condition of approval to require that a wood perimeter fence be constructed around the sides and rear of Phase I. The recreation space, recommended guest parking area, and mailbox cluster location for Phase I were not included in the original design review approval. Until such time as Phase II is constructed, these areas will require lighting for safety and surveillance. Staff recommends a condition of approval of the current Major Modification application to require that lighting be added to the Phase I recreation space, guest parking area, and cluster mailbox location to support enhanced safety and surveillance of these areas. Staff recommends this change to the lighting JR Page 10 of 18 03'15 2012 16 Ii..Design Review*Osterly Townhomes•Dlajor Modification L12-005 PL12-004 L12-005 L08-079 PLI2-004 Osterly Major Modification SRdoc design be made as part of the Public Works construction permit for Phase I, and reviewed administratively according to lighting level requirements contained in TMC section 18.52.065, the Tukwila Infrastructure Design and Construction Standards, and recommendations from the Tukwila Police Department. 2. Building Design There are no changes proposed to the building design. However, if Phase II does not occur, the only building type included with this project will be building type B. The use of different color schemes for each of the four buildings as originally proposed will help provide visual variety to Phase I. 3. Landscape and Site Treatment The landscape design for Phase I is the same as originally approved in the design review application. However, rear yard landscaping must be added to Phase I to meet one of the phasing criteria of TMC 17.14.040, which requires that any one phase cannot rely on future phases for meeting any City codes. Staff recommends, as a condition of approval, that the applicant be allowed to submit a revised landscape plan as part of the Public Works construction permit in conformance with this requirement. This may require an adjustment to the subdivision survey for Phase I which can be made as part of the application for Final Subdivision Approval. 4. Miscellaneous Structures and Street Furniture Lighting for Phase I will be the same as originally approved, with the exception of Phase I recreation area, guest parking area, and mailbox cluster location; areas which were not reviewed as part of the original application and for which lighting has not been included in the current application. Staff recommends as a condition of approval light fixtures used shall be consistent with those approved as part of the original design review. The mailbox cluster location for the Osterly Park Townhomes project was approved by the postmaster. Because the approved location is within Phase II, the postmaster must identify a location for Phase I which can be used until such time as Phase II is constructed. Staff recommends a condition of approval to allow the location of the mailbox be coordinated with the postmaster and the site design as part of the Public Works infrastructure permit. Additionally, staff recommends the mailbox structure for Phase I shall be the same as the design approved in the original design review. The Phase I recreation space includes two picnic tables. The original design review required that the picnic table in the recreation area located on the south side of the private access drive be consistent with the architectural design of the project. Similarly, as a condition of approval of this Major Modification application, staff recommends that the picnic tables proposed for the Phase I recreation area be consistent in design, materials and colors as the architectural design of the Osterly Park Townhouse development. RECOMMENDATIONS - DESIGN REVIEW Staff recommends approval of the major modification to the design of the Osterly Park Townhome project, subject to the following conditions which apply to Phase I. The original conditions of the design review approval are listed in the section following the new conditions, with the project phase to which each condition applies indicated in parentheses. JR Page 11 of 18 03'15'2012 It•Design Review',Osterly Townhomes'•Major hlodification_L12-005 PL12-00412-005 _L08-079 PL12-004 Osterly Major Modification SR.doc 17 151— V7 Q)94411'114 (4 (1 Ailw4 12. ✓3. 15. too NEW APPROVAL CONDITIONS Plans shall be revised as part of the Public Works permit to add rear yard landscaping on the south side of the new Phase I sidewalk shown along the south property line per landscaping requirements in the HDR zoning district and in conformance with the phasing criteria of 17.14.040. A minimum of two guest parking spaces shall be added to Phase I, to be located at the south side of the site, to be removed at such time as the private access drive is extended as part of Phase II. Staff recommends the design of these spaces be reviewed as part of the Public Works construction permit for Phase I. If Phase II is not constructed, a perimeter fence constructed of wood shall be constructed around the sides and rear of Phase I property. Lighting shall be added t o the Phase I recreation space, guest parking area, and cluster mailbox location to support enhanced safety and surveillance of these areas. This change to the lighting design be made as part of the Public Works construction permit for Phase I, and reviewed administratively according to lighting level requirements contained in TMC section 18.52.065, the Tukwila Infrastructure Design and Construction Standards, and recommendations from the Tukwila Police Department. The light fixtures shall be consistent with those approved as part of the original design review. A mailbox cluster location shall be determined by the postmaster, and shall be coordinated with the site design as part of the Public Works infrastructure permit. The mailbox structure for Phase I shall be the same as the design approved in the original design review. The picnic tables proposed for the Phase I recreation area shall be consistent in design, materials and colors as the architectural design of the Osterly Park. Townhouse development. ORIGINAL APPROVAL CONDITIONS Existing trees, including an 8" diameter Cedar and a 7" diameter Hemlock located on the north portion of the site (on tax lot 004000-0088), and an Ash clump located in the southeastern corner of the site (on tax lot 004000-0094) shall be retained unless there is conflict with location of proposed utilities. (Phase I) A revised lighting plan shall be submitted as part of the Public Works construction permit showing lighting levels to meet City requirements. (Phase I, Phase II) The material used in areas shown as having patterned pavement shall be submitted as part of the Public Works construction permit, and reviewed administratively by the Community Development Director. (Phase II) A sign permit shall be obtained for any signs at the entrance to the project, and shall be reviewed for compliance with the Tukwila Sign Code and for consistency with the architectural style of the development. (Phase 1, Phase II) Screen individual meters, electrical boxes and similar equipment necessary for project infrastructure. This screening shall be reviewed and approved administratively as part of the review of the Public Works construction permit. (Phase I, Phase 11) TR Page 12 of 18 03'15'2012 18 11:.Design Review .Osterly To«nhomes Major Modification L12-005 PL12-004.L12-005_L08-079 PL12-00I Osterly Major Modification SR.doc SECTION TWO — SUBDIVISION PRELIMINARY PLAT APPLICATION REVIEW PROCESS — SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT APPROVAL There are three basic steps in the subdivision approval process: 1. Preliminary Approval Any land being divided into ten or more unit lots shall receive preliminary plat approval by the Tulcwila Planning Commission as a Type 4 decision according to the provisions of 18.108.040. Criteria for Preliminary Plat Approval are contained in section 17.14.020(D). The application was reviewed by the Tukwila Short Subdivision Committee, and staff's response to each of the criteria for preliminary plat approval and recommended conditions of approval are included below. Once a townhouse project receives preliminary subdivision and design review approval by the Planning Commission/Board of Architectural Review, the applicant must apply for a Public Works permit for construction of project infrastructure. Prior to receiving final approval, the developer of townhouse units may also apply for building permits to construct dwelling foundations. The project must receive final approval from the Tukwila City Council prior to construction beyond dwelling foundations. 2. Final Approval After construction of project infrastructure and compliance with conditions of preliminary approval, the applicant must apply to receive final approval for the subdivision plat. The final approval decision on a subdivision plat is made by the Tukwila City Council. Before the final plat is submitted to the City Council, it shall be signed by the Tukwila Finance Director, Director of Public Works, and the Director of the Department of Community Development. If the applicant plans to build homes on Phase I, the eight lot plat shall require final plat approval by Tukwila City Council before the lots can be sold. If Phase TI is constructed within five years of preliminary approval then a separate final plat approval by Tukwila City Council shall be required after the infrastnicture for Phase II is constricted. However if Phase II is not constructed before the expiration of preliminary approval, a new preliminary approval by the Planning Commission shall be required. 3. Recording Upon approval by the City Council, the subdivision plat shall be signed by the Mayor and attested by the City Clerk. It is the applicant's responsibility to record the City -approved final subdivision plat documents with the King County Department of Records. The applicant will need to pay the recording fees and submit the approved original final subdivision plat to King County. The final subdivision plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. The approved final subdivision plat must be filed with the King County Department of Records five years from the date of this preliminary approval or the application will expire. The Planning Commission may grant a single one year extension. DECISION CRITERIA — SUBDIVISION PRELIMINARY PLAT APPROVAL -PHASING The discussion of project consistency with criteria for preliminary plat approval is contained in the staff report for the original Preliminary' Subdivision application (see Attachment C). No changes are proposed to the original subdivision. Phased development of the Osterly Park Townhomes project is proposed, JR Page 13 of 1S 03 15 2012 II:'.Design Review.Osterly To«nhomes'Major Modification L12-005 PL12-004.L12-005 L08-079PL12-004 Osterlv Major Modification SR.doc 19 which must meet the Phasing criteria contained in TMC section 17.14.040. The criteria are listed below in italics, followed by staff discussion of the criteria as they relate to the Osterly Park Townhomes project. Original conditions of approval of the Subdivision Preliminary Plat will be combined with any additional conditions of approval added by the Board of Architectural Review in a new Notice of Decision issued for this project. 17.14.090 Phasing The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making, the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. Proposed project phasing consists of two phases which include all land contained within the preliminary plat, as well as frontage improvements along 34th Ave S. Sheet 3 of 3 of the Phase I subdivision survey shows how the entire tax parcel 004000-0088 and a portion of tax parcel 004000-0094 will be subdivided into 8 unit lots, Tract A (for ingress, egress and utilities), and Tract D (recreation space for Phase I). Sheet 2 of 3 of the Phase I subdivision survey shows how the remaining area of tax parcel 004000-0094 (shown as Lot 100 on Survey Sheet 2 of 3 in Attachment D), will become a new lot until such time as it is subdivided as part of Phase II. Phase II includes the remaining area of tax parcel 004000-0094 along with tax parcels 004000- 0083, 6391110000 6433610240, 639110-0000, and 004000-0087. In case Phase II does not occur, staff recommends a condition of approval to require legal access to the remaining area of tax parcel 004000-0094 be provided through an easement, or alternatively, by combining the remaining area of tax parcel 004000-0094 with tax parcel 004000-0083. Staff recommends review of legal access to the remaining area of tax parcel 004000-0094 be included in the review of the Public Works permit for Phase 1. 2. The sequence and timing of development is identified on a reap. The sequence of project development is shown on the phasing plan (see Site Plan Sheet Al in Attachment D). Phase 1 is planned to be constructed following BAR approval and approval of the Public Works infrastructure permit. Phase II is planned for construction following final subdivision approval of Phase I and once construction of the townhomes in Phase I has started. The final plat for both phases shall be recorded within 5 years of the date of preliminary subdivision approval, per RCW 58.17.140, unless an extension is requested by the applicant and granted by the City of Tukwila. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on, firtm•e phases for meeting airy City codes. Phase I meets all pertinent development standards on its own, with the exception of meeting the required rear yard landscaping requirements. Ten feet of Type 1 landscaping is required along the southern property line of Phase I until such time as Phase II is constructed. Staff recommends a new condition of approval of the preliminary subdivision to require that plans for Phase I be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line. .R Page 14of1S 03'15'2012 20 11: Design Review-Oster1v Torvnhomes 1\lajor Modification L12-005 PL12-004 L12-005 L08-079_PL12-004 Osterly Major Modification SR.doc 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not Limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. The design of Phase I will provide adequate circulation for both automobiles and pedestrians. Each townhouse unit contains an attached 2 -car garage. There is no space designed as part of Phase I to include guest parking; all guest parking is included as part of Phase II. There is no parking allowed in the shared garage access area to maintain garage access for residents, and there is no on -street parking allowed on the 20 -foot wide private street serving Phase I of Osterly Park Townhomes or the public right-of-way of S. 144th Street. In order to maintain adequate vehicle circulation and emergency vehicle access, staff recommends a condition of approval to require a minimum of two guest parking spaces be added to Phase I. These spaces can be added to the south side of the site, and shall be removed at such time as the private access drive is extended as part of Phase II. The addition of the guest parking spaces and the rear yard landscaping may require revisions to the lot or tract layout as shown in the preliminary subdivision survey. Staff recommends the design of these spaces and any necessary changes to the survey be reviewed as part of the Public Works construction permit for Phase I. Plans have been reviewed by the Public Works, Fire, Building, and Planning departments to ensure adequate utilities are included to serve the development proposed as part of Phase I. Sewer, water, and storm drainage infrastructure is adequate to serve Phase I, and is designed so that it can be extended into Phase II of the project. An original condition of approval of the preliminary subdivision was: "Buildings will be required to meet fire flow requirements per the International Fire Code." The previous subdivision approval required that the waterline be looped from the main located off 34th Ave S. Per the applicant, installation of the looped water line as part of Phase I will be prohibitively expensive. The Fire and Public Works Departments requested the applicant obtain a written statement from Water District 125 to ensure that the design of the water line proposed for Phase I will meet adequate fire flow requirements for the sprinklered townhome units. Attachment B is a letter from Mark Parsons of Water District 125, which states there is adequate fire flow for the first 8 units without a looped water line; Phase II of the project will require the water line to be looped, consistent with the originally - approved utility design. 5. A11 phases shall be recorded within the five -near life of the preliminaii.' plat, unless a/1 extension is granted Construction of Phase I is expected to commence in Spring/Summer of 2012. All phases shall be recorded within five years unless the applicant applies and receives approval for an extension. CONCLUSIONS — PHASING PLAN 1. The phasing plan includes all land for the entire development project to construct 31 townhomes, with associated recreation space, access, utilities, landscaping, and frontage improvements along 34t1i Ave S. In case Phase II does not occur, staff recommends a condition of approval to require legal access to the remaining area of tax parcel 004000-0094 be provided through an easement, or alternatively, by combining the remaining area of tax parcel 004000-0094 with tax parcel 004000 - JR Page 15 of 18 03'152012 1L'.Design Review', Osterly Townhomes'Major Modification L12-005_PL12-004.L12-005 L08-079_PL12-004_0sterly Major Modification SR.doc 21 0083. Staff recommends review of legal access to the remaining area of tax parcel 004000-0094 be included in the review of the Public Works permit for Phase I. 2. The sequence of the development project is included on the Site Plan; Sheet Al (Attachment D). 'Construction of Phase I is expected to start in Spring/Summer of 2012. All phases shall receive final subdivision approval within 5 years unless an extension is granted. Construction of the individual townhouse units shall meet the time requirements of each structure's building permit. 3. Both Phase I and Phase II meet pertinent development standards on their own, with the exception of rear yard landscaping requirements along the southern boundary of Phase I. Staff recommends a new condition of approval of the preliminary subdivision to require that plans for Phase I be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line. 4. Each phase of the project will include adequate utilities. Phase I does not include any guest parking spaces. There is no parking allowed in the shared garage access areas to maintain garage access for residents, there is no on -street parking allowed on the 20 -foot wide private street serving Phase I of Osterly Park Townhomes, and there is no on -street parking on S. 144t1i Street. In order to maintain adequate vehicle circulation and emergency vehicle access, staff recommends a condition of approval to require a minimum of two guest parking spaces be added to Phase I. These spaces can be added to the south side of the site, and shall be removed at such time as the private access drive is extended as part of Phase II. The addition of the guest parking spaces and the rear yard landscaping may require revisions to the lot or tract layout as shown in the preliminary subdivision survey. Staff recommends the design of the design of these spaces and any necessary changes to the survey be reviewed as part of the Public Works construction permit for Phase I. RECOMMENDATION — SUBDIVISION PRELIMINARY PLAT APPROVAL Staff recommends approval of an amendment to the Subdivision Preliminary Approval to include the following new conditions of preliminary subdivision approval. The new list of conditions is immediately below, followed by the original list of conditions of the preliminary subdivision approval. A note in parentheses after each condition indicates whether the condition applies to Phase 1, Phase 11, or both phases of the project. 3. NEW PRELIMINARY APPROVAL CONDITIONS Legal access to the remaining area of tax parcel 004000-0094 shall be provided through an easement, or alternatively, by combining the remaining area of tax parcel 004000-0094 with tax parcel 004000-0083. This shall be included as part of the review of the Public Works permit for Phase I. Plans for Phase I shall be revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south property line. (Phase T) A minimum of two guest parking spaces shall be added to Phase I. These spaces can be added to the south side of the site, and shall be removed at such time as the private access drive is extended as part of Phase II. The addition of the guest parking spaces and the rear yard landscaping may require revisions to the lot or tract layout as shown in the preliminary subdivision survey. Staff recommends the design of these spaces and any necessary changes to the survey be reviewed as part of the Public Works construction permit for Phase I. (Phase I) JR Page 16 of 13 03'15'2012 22 II:`.Design Review' Osterly Townlromes``niajor Modification L12-005_PL12-004•.L12-005 L08-079_PL12-004_Osterly Major Modification SR.doc ORIGINAL PRELIMINARY APPROVAL CONDITIONS The fillowing shall be addressed as part of the Public Works Construction Permit: The applicant shall submit a revised lighting plan to meet recommendations of the Tukwila Police Department, the lighting requirements in TMC section 18.52.065 and the Tukwila Infrastructure Design and Construction Standards. (Phase I, Phase II) All utilities for the project, private access road and sidewalks, and the recreation area located on cloo;Q(Ielirr Iv the west and north sides of the private access road (including children's play equipment), shall be m e N ( ! completed as part of the Public Works construction permit. (Phase I utilities, private access road v'i) and sidewalks, and recreation area shall be constructed for the first 8 units per plans submitted with the Major Modification application, which shall be revised as part of the Public Works permit for Phase 1 to accommodate the new conditions of approval added with this Design Review Major Modification and Preliminary Subdivision amendment. Phase II shall include utilities, private access road and sidewalks, and recreation areas as originally approved in November 2009). The applicant shall obtain an NPDES construction permit for this project. (Phase 1) 4. A street light mast arm shall be added to the existing wooden pole. (Phase II) Overhead utilities along 34th' Ave S shall be moved underground, unless the applicant applies for and obtains a waiver from this requirement from the Public Works Director. The applicant shall submit an estimate for work to underground these utilities with the waiver request. (Phase II) Storm drainage for roof drains, foundation drains, and paved areas shall be infiltrated and/or dispersed on-site, or detention provided. Civil site plans shall be reviewed as part of the PW infrastructure permit. Contact the Tukwila Public Works Department for submittal, and design requirements. (Phase I, Phase II) Access road, utilities, undergrounding of power, and extension of sewer and water lines to the unit lots shall be approved by the appropriate departments and/or utility and conform to the Civil Plans dated August 4, 2009. As -built plans shall be provided to the Public Works Department prior to final approval. (Phase II, new civil plans dated February 6, 2012 and revised to accommodate new conditions of approval shall be used for Phase I) Install all required site improvements, including those proposed in the application and those identified above as conditions of approval. You will need to obtain all required permits prior to beginning any construction. For water and sewer permits, contact the individual provider District. For City of Tukwila utilities, contact Tukwila Public Works at (206) 433-0179 for a Public Works (PW) type 'C' permit for approval. A Street Use will be part of this permit and require bonding, insurance, and a Hold Harmless Agreement for work within the Public Right -of -Way. (Phase I, Phase II) C','1--- 9. Minimum clear access road width is 20 feet. Fire lane marking/stenciling will be required as necessary to ensure width is maintained. (Phase I , Phase II) 10. Submit a current water availability letter from Water District 125. (Phase I, Phase II) The flaming ,shall be addressed as part of the Demolition Permit(s): 1. Existing structures shall be demolished prior to final approval, unless a bond for demolition of the structures is submitted to and approved by the Director of the Department of Community Development. (Phase II) 2. The applicant shall apply to the Puget Sound Clean Air Agency for PSAPCA permits for demolition of existing structures. (Phase II) JR Page 17 of 13 03'15 2012 II:`,Design Review Osterly Townhomes.Major Modification L12-005 PL12-004.L12-005 L08-079 PL12-004Osterly Major Modification SR.doc 23 3. Per Dana Dick of Valley View Sewer District, capping permits will be required with demolition of any of the existing buildings, and a developer extension will likely be required as part of the process to provide sewers to the development. (Phase II) The following shall be addressed prior to final approval of the subdivision plat: 1. Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" shall be modified to reference BAR approval, and to include joint maintenance agreements for access road, utilities, and landscaping areas. Also, the legal descriptions under Exhibit A of the codes, covenants, and restrictions shall be added to the document, and reviewed administratively. Easements and the codes, covenants, and restrictions shall be recorded prior to final subdivision approval. (Phase I, Phase II) 2. Separate easement documents and maintenance agreements for any common infrastructure (utility lines, access roads/driveways) shall be submitted for review and approval by the Public Works Director. (Phase 1, Phase 11) 3. Submit a set of recording documents in either legal or record of survey format that meet the King County Recorder's requirements and contain the following items: a) A survey map as described in the application checklist that is consistent with all of the conditions of approval. The surveyor's original signature must be on the face of the plat. b) Separate easement document with legal descriptions for any common access/utility infrastructure. c)Separate joint Maintenance Agreements for the access road, drainage system, and landscaping areas. Add Tukwila land use file number L08-079 for the subdivision application to all sheets of the survey. 3 _ Include Existing Conditions Survey as Sheet 5 of 5 of the survey sheets. 0 Add a vicinity map to the survey. g) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also add legal descriptions for each of the tracts. The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat. (Phase 1, Phase 11) The, following shall be addressed as part of the Building Permits: 1. Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). (Phase I, Phase II) 2. Buildings will be required to meet fire flow requirements per the International Fire Code. (Phase 1, Phase II) 3. Adequate ground ladder access area of 15 feet minimum depth to be provided for 2nd and 3rd story bedroom rescue windows. (Phase I, Phase II) JR Page 18 418 03.15.2012 24 H:Design Review Osterlv Townhomes'Mgjor Modification L12-005 PL12-004•L12-005 L0$-079 PL12-00.1_OsterIv Major Modification SR.doe Tree Ouenlily Botanical Name Common Name Size Notes Bow,ali Maple 00nulsurrraalii !Evergreen 00+roila Ch0nee:yperisnoobatenos Green Ar ow Green Arra, Aaska Cedar Cvnus'Ecln, Whim Wormer Eddie s White Wunder Dog wood 23' cal. 13 Picea o'wvi4c0 Serbian Spruce 6.71'1 Shrubs Ouentlty Botanical Name Common Name 012e Notes 74 Clanapicetisxactnlhdla 1132Fa:rs10? Foolner Reed Grass i gal. 00nulsurrraalii !Evergreen 00+roila 24 NrorargunmacropMlla'flue We, aueVlevo Hydragea 5gn 40 L,0opc musevt 510 BIW Lily Tort l gal. 98 Naldlno d8nealico firepower' 6172Owor 60200016 00 2901. 7 Nandinn ddnnalce Slum Poston Frim Polar Hearer4y B0mboc 5gal. 41 Plltosp«um lobed Wilco ler•s Cawed Wheelers Dual T0Nr4 500. 12 Paysiielon muniton Western Sward Fern 1gal. 1 nnododendron Glpenense Ciipenense Fhoecdehron 5991 17 alodmd833,91 Top Banana. Top Camara nmtlodend6 5921. a Ross snaOura.m'W i Edwa:4 Ml' Red Fla00039 Currant 5 gal. St SixOea laptwxco is CalWl magic Capel Spuee 5904 Granule vers Ouen ityll Botanical Name Common Name Size Notes J,,n grass1 1 d seeded Climbing v OuenIIty Botanical Nene 1 Common Name 5120 Notes Clernee..wnlrrlull IF,02,411001161011101,0 1 40arbor 1 per wool a 00nulsurrraalii !Evergreen 00+roila 19x1. 2 7 041,1:0100 Required Type 1 Landscaping (per TMC 18 52.030) Total Lineal Feet of Properly U''e Pedm0ler = 5821.1. Total Uncial Feet of P010000er Curb Curs - 281.1. Total Uncal Feel of Perimeter for Landscape Calculations = 582.28 Total lineal Feet of Perimeter for Landscape Calculations = 554 Required Trees = 1 per 30 lineal feet of req. perimeter (excluding curb W s) Required Trees = 5541.1. / 30 Required Trees - 19 (184) Required Evergreen Trees = 75% of Req. Trees Required Evergreen Trees - 75%419 Required Evergreen TIees - 15 (14.25) Required Deciduous Trees - Req. Trees - Raq. Evergreen Trew Remand Deciduous Trees - 19-15 Ragland Deciduous Trees = 4 Required Shrubs = 1 per 7 lineal feet 01 req. perimeter (excluding curb culs) Required Shrubs - 5541.1./ 7 Required Shrubs - 80 (79.14) Required Evergreen Shrubs - 75% of Req. Shrubs Required Evergreen Shrubs - 75%x 80 Re4ukred Evelg1999 SM46S - 80 Required Deciduous Shrubs - Req. Shrubs • Req. Evergreen Shrubs Required Deciduous Shrubs = 8060 Required Deciduous Shrubs = 20 P erimeter Evergreen Trees Required = 19 Perimeter Evergreen Trees Provided = 19 Perimeter Deciduous Trees Required = 4 Perimeter Deciduous Trees Provided = 6 Perimeter Evergreen Shrubs Required - 60 Perimeter -Evergreen Shrubs Provided = 157 Perimeter 0eaduous Shrubs Required = 20 P erimeter Deciduous shrubs Provided - 51 plant slghty nigher than grown In nursery and eslue crown Is not buried Iter se06ng and mulching Neon0106004019 boGdll scaly edge el planer -1g pit 0 tree plantingng Mara slightly nigher than grown in nursery and not buried after 8011919 and mulcting LIR oplanting pc with native or spe0Rled 6000,8 scanty edge 01 p1a0Y19 P3 b 2w 00100l mln }V diameter black tberh 129.wire Ile height to s6 nigh enough l0 hold Vere upright. Ib at one level only (3)2,2(3(2029?. wood stakes or mbar den to relusel onside 100lb81 cavy football & spread roots, or cut twine 6p100 burlap off tap )S of,00tbel r depth mulch 4. watering basil finish grade o1d80g soil firmly lamp prepared sort to avoid settling NOTE: Sake trees only It determined necessary by LA wanly rcomaa6 spread roots, or cut twin 6 pug burlap o0 top K of r0olbal r depth mulct 4. watering bean Bnish grade 41, — wilding 304 firmly temp prepared sol to void settling n=0 Oshrub 8 grrundcover planting LURE PHASE FUTURE PHASE LEGEND: — storm sewer (see clvii) --- sentary sewer (see c6R) --w -- water ltre(see cMO power line (see cvl7 -- 000 gas line (see 068) required landscapeperknelor — phasing delineation note: utilities shown on landscape plan are schematic see Wil and/or Wilily plans for exact locations. FUTURE PHASE GENERA. NOTES, 1. 0070108 perimeter planting shall moat the following size requirements per TMC 18.52.030: Deciduous trees shall be r caliper minimum Evergreen 4004 shell be 8 Rei9hl minimum Shrubs shall be lar height mkimum 2 AR planting and lawn areas shell be caned by an automatic Irrigation system per TMC 1852.040.H. Irrigation plan shall be Design/Build by 100101ng contractor and shall meal all applcable codes and Design/Build Irrigation Specifications to be provided by Landscape Arches. Installing contractor shag provide the irrigation design to Landscape Act*. ler approval prior to construction. rE1 71.,FUTURE PHASE FUTURE PHASE Osterly Park Townhomes 3429 South 144th Street Tukwila, Washington VACHERS =TIMM 110. 911 protect number: 20081020 drawn: CSW checked: Studio 342 doe Issue revision 9/10/2008 Prelim. Review 95203718 P00403 _ 8/922010 Revision 9/9/2010 Utley Update 2/32012 Phase 1 Revlsbn8 Planting Plan 0 10 20 4a L I J SCALE:1'=29A• NORTH o L-2 t.mnw4wda.o.e,ux core Found 2" brass disk w/"X" in concrete in case - 11/11/07 30' City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 3.5' conveyed to the City of Tukwila Rec. #20050518000267 South 1441`17 Street N87'35'33" W (c) N87'35'52"W (m) 2430.54' (m) 0' Exception for Rood Rec. #6060692. 58735'33"E ri —65.1 — 130.01' _^21,93'13.21 _ 58735'33"E16.79' 21,93' ' 30.01'1 LOT 0) °' LOT 20 BSL 21_ I y r LOT LOT 1 18B,=aL1g—I _ N I• 1m2 10' o North Tend 4' chain link fence is 0.3' north & 0.9' east of set rebar w/cap a 4-1 GRAPHIC SCALE 0 16 At 120 (00 FEET) 1 inch = 30 ft New Private 24 driveway easement (3) 0 1 Z S88'SJ'22"E a 130.00' 21.92' " II -- LOT 1LOTo b X30 Eoo 0 m E o w 27100'2 24.92' ‘, 51.92 10' NEW PRIVATE SANITARY SEWER- Nr 58850'22"E p" -- EASEMENT REC. # PHASE 2 N S8 4_€ _3, 01' 20.00' 51.94 587'33'54"E TRACT 0: TEMPORARY RECREATION TRACT r O Z -212 588 50.22"01 '21.93' 30.001 LOT LOST 16 NEW PRIVATE SANITARY oc m co SEWER EASEMENT REC. 0 0 VI y 10' New Private 24' 1 driveway easement (4) rL'25.9326.10' —51.93' S88'50 22"E (2) Temp. parking spaces LOT 100 — I 68.75' LEGEND ® Concrete Monument in Case • Monument no case )( Tack in Lead or Nail Sc Disk O Set rebor w/cop #23604 O Found pipe or rebar Boundary Lines N87'49'57"W E1 Set 2"x2" hub w/tack (P) Plat bearing or distance (c) calculated bearing or distance - — Old Lot Lines - Easement Lines GP Guest Parking 5 Found brass pin w/punch rnork in concrete in case - 11/11/07 1748.47:-- 6 (o)_L34L 1 Basis of Bearing of this survey are monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. LOT AND TRACT AREAS TRACT A = 4,672 sf t or 0.11 acres t RECREATION TRACT D = 1,341 sf ± or 0.03 acres ± LOT 16 = 1,242 sf t or 0.03 acres t LOT 17 = 1,614 sf ± or 0.04 acres t LOT 18 = 1,466 sf t or 0.03 acres * LOT 19 = 1,990 sf t or 0.05 acres t LOT 20 = 2.252 sf ± or 0.05 acres t LOT 21 = 1,634 sf t or 0.04 acres ± LOT 22 = 1,677 sf ± or 0.04 acres ± LOT 23 = 1.283 sf ± or 0.03 acres t LOT 24 = 1,610 sf ± or 0.04 acres ± LOT 100 = 12,017 sf ± or 0.28 acres ± LOT WIDTHS LOTS RANGE IN WITDHS FROM 21.92 FEET TO 30.01 FEET Found 2" bross disk w/punch mark in concrete in case - 11/11/07 South 148th Street SHEET 2 OF 3 — SCHROETER®LAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Seohurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 308 N0. 530/4 PROJECT N0. 07181 FIELD DATE 11/11/07 DRAW BY LAW REVISED 10/10/14 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED D0 HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58,17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON(S) 0R ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER THE DEDICATION OF THE PROPOSED TRACTS AND UTILITIES ARE SUBJECT TO THEIR COMPLETION BY THE DEVELOPER AND ACCEPTANCE AND APPROVAL BY THE PUBLIC WORKS DIRECTOR THAT THEY HAVE BEEN COMPLETED TO CITY STANDARDS. IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF , 20 Mike Overbeck ACKNOWLEDGMENTS Julia D. Overbeck STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME_ DATED_____ MY APPOINTMENT EXPIRES STATE OF WASHINGTON COUNTY OF I CERTIFY THAT 155011 OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC _ PRINTED NAME DATED MY APPOINTMENT EXPIRES RECORDER'S CERTIFICATE FILED FOR RECORD THIS SAY OF 20_ Al' .M. IN BOOK OF 4T PACE AT THE REQUEST OF MCR SUPT. OF RECORDS TUKWILA APPROVALS EXAMINED AND 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 SYSTEMS AND OTHER LAND USE CONTROLS. EXAMINED AND APPROVED THIS DAY OF , 20 . PUBLIC WORKS DIRECTOR ALL INSTALLED IMPROVEMENTS ARE IN ACCORDANCE WITH THE PRELIMINARY PLAT APPROVAL. THE SUB DIVIDER HAS EXECUTED BOND AGREEMENTS IN ACCORDANCE WITH TMC 17.024.030 TO ASSURE COMPLETION OF REMAINING REQUIRED IMPROVEMENT'S AND CONSTRUCTION PLANS. PUBLIC WORKS DIRECTOR CITY OF TUKWILA TREASURER'S CERTIFICATE 1 HEREBY CERTIFY THAT THERE ARE NO DEUNQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS. ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS DAY OF , 20___ FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS___ DAY OF__________, 20 ___ MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED 111 THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF KING COUNTY DEPARTMENT OF AWESSt EXAMINED AND APPROVED THIS -- DAY OF 20_, KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 SITE1 SOUTH 144TH STREET SOUTH 1461H STREET kr. VICINITY NOTTO SCALE LEGAL DESCRIPTIONS LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES 8Y DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; AND THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON. PROPERTY NOTES 1. TRACT "A" RECORDED UNDER KING COUNTY RECORDING NUMBER ___ _ __ IS A PRIVATE ACCESS AND UTILITIES TRACT. ALL LOTS IN OSTERLY PARK TOWNHOMES SHARE UNDIVIDED AND EQUAL INTEREST IN OWNERSHIP OF TRACT A. MAINTENANCE OF TRACT "A" SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. 2. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT D RECORDED UNDER KING COUNTY RECORDING NUMBER _________ SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION. 3. THE 10 FOOT PRIVATE SANITARY SEWER EASEMENTS RECORDED UNDER RECORDING NUMBER ARE FOR THE BENEFIT OF THE LOTS SHOWN ON THIS SUBDIVISION. MAINTENANCE, REPAIR, AND/OR REBUILDING OF THESE FACILITIES SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON) THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND TI -IAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 00000 SURVEY NOTES 1. Field data for this survey wos obtained by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 BASIS OF BEARING BASIS OF BEARING 14422 THIRTY FOURTH SOUTH CONDOMINIUM, VOL. 47/89 SHEETI OF3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PA, Box 813. Seohurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 10/10/14 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington ASBUILT CONDITION S 08/13/08 Existing fire hydrant IX De South 144th Street f — I 10' Exception for Road --1( Nr,_,_sconcreascurEn• — DETAIL: EASEMENT LOCATIONS — South 744th Street N Pt — — F — — — - —')- ,i — _ _ s — — — — not , o o SCL vault curb cut — - s — w, 6' concrete walk a -2 ®1 <u1 _ _____ — —�� `�. curb cut I 2I!0 F'�' — -- 21 "— — 18 — — 19 New Private driveway North end 4' chain link fence is 0.3' north & 0.9• east of set rebar w/cap wood fenced 0.9' o`er -5y 4 b u> ODi}s caipnl \ -r, > vt `�y 65.15 •.4 N8T35'32'W 1.1`• �tMM ucvr .Y" a"CO ..-1<° d° o� .7 6., i�7— U �/ ,no.' �% 1' carport ,Existing.,', 0 /Rouse / / / PI �L,9 1 L .r -east edge concrete TL �ti� —' £- S019%57..13~2 P �. aimed �0.. sewer line (green) ti,,, 0040000094 o ._ I o _ New Private 24' drivewoy easement (3) for the benefit of Townhomes 20, 21. 22 and 23 I ., I Q — 4192' _ — o crI Vr _. V — — o 41.93' _ I +� o 24' easement (I) for the benefit of Townhomes 16, 17, 18 and 19 I i 10' NEW PRIVATE SANITARY SEWER EASEMENT � New Private 5' sidewalk � 41 22 F'-''" I 93_ — 23 Z11 4 92' W F- CCSW r Q h 0 0 (� Z o 41.93' 16 _25_93' } 17 o� O o d deck �j J 1.1' -.- �C. r O o C' jr / `r 1.3'-- — — —' -- — — - /, ° . I,ft TL 0040000088 v N87'33'S W i +'FH 65 15¢" @21M' o=F- m / Lot Line to be // Removed zs.ar Found old cb �° /1 standing water down 5' (no osi outlet found) m 11 '� o ^�/ wood fence & jCL swole o'o iv . ✓ En /�fl set 2"x2" w/tack) i Existing W Building 9 T f % Existing /Building // easement (4) for the , 122n oe Townhomes 22 and 23 _ — — — — — j''''",,, 1 TRACT D: TEMPORATY RECREATION TRACT {� " 2 T () Parking 25.93' E ms spaces LOT 100 m 43.• ` ce o n 4o t v xPe a c o s w,.n Z °v n a --- 10' NEW PRIVATE SANITARY SEWER EASEMENT RO�u�M — — — — — — — _. __ GRAPHTC SCALE ° . OM�M , — GRAPHIC SCALE o 00 00 ot rebar w /cap 200' set west m / / ME ( IN FEET) 1 Inch = 30 14 a. /ft--hain A link fence is east of line LEGEND 68.7° N87.49.57"W (c) El U ( 1N FEET ) 1 inch = 30 IL SHEET 3 OF 3 ® Concrete Monument in Case GG Catch Basin >4 Tock in Lead or Nail & Disk Gas Valve 0 Set rebar w/cap #23604 O Found pipe or rebor no Water Valve V Hydrant® sewer manhole co, Power pole ® storm drain manhole @ Deciduous Tree wnp water rneter Evergreen Tree -3-@ power pole w/Ilgh-e - SCHROETER .LAND SURVEYING PROFESSIONAL LAND SURVEYORS PA. Box 813, Seohurst, Washington 98062 (206> 242-6621 F60 (206(243-9679 DATE: 9/16/09 PROJECT N0. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 10/10/14 (q)a luewgo p Ma v0 laO.Enn 40x0 01 4804448 08140.0psatiriak 0.1.440,44/ 000104 00:1480014 tont PHASE 1. Rw t.ak *ha mdufilt0.4.10,0180800,440:41104004010,8880w4 Oren Nal 00814 4144.8110 r.v.lea4OWP. 000.0.406 Gfil 44440+84.81.10, 404 T4011088410. 014 917,914, Ota 420.621.8 akSO. C-24,Ob.wire. .a0;4end d 4.0,000WTN,44...wridW,10[ i 10000144r10441. 4Mrmiried 7ub4ila P1MmNe ONgltliri. Fie..44.01404800014008088.040.0.10000,81,10048, 44,47. 40,A 10,411, 8 /4, 4,74 414&1Qy{rAaWwlaNlY+w:ryaaoa1N4w01Cw4wti0, aMHrA.alpie4s4aPMVOYgM Wti PfefiiT $48041800480 indwaiyxaa.tinks4,44,r ,A4..k24A31,hP6 M9a.k?I,4 ow* .41,4 gr1viaalre 4aw.keer1 i ex.eW4.#eniwtk4,10A84t4A.4 • 1nL; Pilpi[jylyQ111A1{ty 1; Can04041100474,111r1o114 80 440440 101 00.08 04884..clprte ia0rraip 010)14010440.0 1,840)4440+40111 . Elam. 848s0.1L044 0448.40044444x:. • Chant* 144 pato 401 ea 401nar ,m01aam1.14. .. • 50 841818 111.0. 004:40 0040 4808 014 a0.41144rae01481e4rsutia ID MD408801800M/v001/144040.af0t.Isp11..Y,Ye.4rdrY4H4.r4 Al kw Proex alrn.u=shf ea M.xYdocke to beaming mama% int *al be L48.I080d0/C00.0 t p4.,..800082ma atlar. .... . r PHASE 2 1 PHASE 2 PHASE, 2 PHASE 2 OrtinallY review/euddion H Osterly Park Townhomes 3429 South 144th Sites Tukwila, We:Oblate s •..-...'iiiivi.• €11:U ARIL GWi MOOS • eNj.Lt. 11.1ra r: 20081610 dm ac CSW e4.01eo.804417- Phase 1 Landscape Site Pian L-1 Suw Jiv'sN.�)s:.sraiv�. siC Ye e It slyn ensuing wood fence 4.14. mndlmheba, black mem term to mmtll seeet-0nm fencing play evumre for sem 5-12 nnywm system, Z to Prayssycen a approved equal Ore81e0800 space A enlargement WA. lAr Osterly Park Townhomes 3429 South 144th Street Tukwila, Washington 2 -cor 0 10 29 40 L I J Cl'4l p: t'-20-0' NORM prefect number: 20081020 drawn: JOF checked: 05-014342 deo Issue /misted, 9/10/2000 Prelim. Review 9=2009 Revision Landscape Site Plan L-1 Infitecture.l. MOB MOM Trees Ouanlily Botanical Name Common Name Size Notes .. hoer rubx2n'8rnvhell' Bmunall Maple 23'cal. Iper,xxd mho, 6 Chamaecypans nnolkatenss'Green throw Green Auer Aasla Cedar 5gal 2per bldg trellis a Carus 'Eddies White Wonder' re die s YMee Wander Dogwood 2.S'cal. 13 Pau °meii.] 5erbien Spruce 6.6 ht. Shrubs Ouantity Botanical Name Common Name Size Notes 44 Calan8gros.:s x acu.IMia?Uri Refs., Feather Reed Grass 1 gal. Iper,xxd mho, 24 Hydrangea msorcplrylla'eue Wave Slue Wave Hydrangea 5gal 2per bldg trellis 49 L'rnope 4170447 Blg Blue Lily Turf I gal. 96 Nendlnedml^_sllca Firepower rrepcwen Heavenl+ Bamboo 2gal. ] Nandinadaneshca Wan Passion' Num Paxson Heavenly Bamboo 5 gal. 41 P111084omn lcbire V4teelers Dunt Wtlee'ers Cued Tobira 5g&. 12 Pdysfchun muwlum Western Sword Fern 1 gal. t] Rhododendron'Olpenense' Cilpenerserviododendnon 5 gal ] RhodadenOral'Top banana' Top Banana f8ledorlendnan 5gal. 0 P:bas seagunum 'V,ng Edward VII' Red Flowering 0.rranl 5 pal 51 SO sea lafonrca'Uagic Carpel Magic Carpet Serea 59a1 GIoondcoyere Quantity Botanical Name Botanical Name I Common Name Size Notes Clem mud. l,ingraas 1441 Iper,xxd mho, 8 tworoseedad Climbing Vines Ouentity Botanical Name Common Name Size Notes .. Clem mud. -vergres'. Gervais 1441 Iper,xxd mho, 8 Cleu,us0rmandii Eer9reen Clemens 1gal. 2per bldg trellis Required Type !Landscaping (per TMC 18.52.030) Total Lineal Feel of Property Une Perimeter = 582 U. Total Nneal Feet 01 Perimeter Curb Cuts = 281 1. Total Lineal Feet of Perimeter for Landscape Calculations = 582-2B Total Lineal Feet of Perimeter for Landscape Calculation = 554 Required Trees = 1 per 30 meal leen of req. perimeter (excluding cub Ms) Required Trees - 5541.1. / 30 Required Trees = 19 (18.4) Required Evergreen Trees = 7S16 of Req. Trees Required Evergreen Trees = 7599 19 Required Evergreen Trees = 15 (14.25) Required Deciduous Trees = Req. Trees - Ree. Evergreen Trees Required Deciduous Trees = 19-15 Required Deciduous Trees = 4 Required Shrubs = 1 per ]lineal fret of req. perimeter (excluding curb cols) Required Shrubs - 5541.1. / 7 Required Shrubs = 80 (79.14) Required Evergreen Shrubs - 759 of Req. Shrubs Required Evergreen Shrubs = 7576x 80 Required Evergreen Shrubs - 60 Required Deciduous Shrubs - Req. Shrubs- Req. Evergreen Shrubs Required Deciduous Shrubs = 80-60 Required Deciduous Shrubs = 20 Perimeter Evergreen Trees Required = 19 Perimeter Evergreen Trees Prpvi0ed = 19 Perimeter Deciduous Trees Required = 4 Perimeter Deciduous Trees Provided = & Perimeter Evergreen Shrubs Required = 60 Perimeter Evergreen Shrubs PlONded = 157 Perimeter Dedduous Shrubs Required = 20 Perimeter Deciduous Shrubs Provided - 51 plant sllghty higher than +714:, gro nursery and y insurewn Is not burled after selling and mulchingfir ell planting pit with native a l scariPlanting d''awl or specifiedbeckon fy edge of plant slightly higher than grahll n misery and is not buried alter sealing and miner g fill planting ph with native soil or speetted 1,3ck611 scarify edge of planting pit Oshrub & groundcover planting SCALE no, to scale Yar diameter black rubber hose & 12 ga.4111908. height to be just N9h enough to hod tree upright. tie at one level orgy (3) 212 df. wood stakes or rebar drive to refusal outside 1405537 scanty football & spread roots, or cid twine & pull burlap ott top (4 of Ioolball Y depth mulch 4' watering basin fish grade edstlrg soil firmly lamp prepared soil to eyed seblin9 NOTE: stake trees any it determined necessary by L.A. scarify rootbel & spread mots, or cut twine & pull Julep vel top Y 01 rootba1 7 depth mulch 4' watering been finish grade frmy tamp prepared sol to 3.010 9211379 - -....-FUTURE PHASE LEGEND: - sewer (see civil) - - sanitary sewer (see chid) -- w - weer lire (see wet) power lie (see chi) -- GAS - - gas line (see cNl) ulred landscape perimeter - phasing delineation note: 316083shown on landscape plan are see 0 ] and/or utility plans for exact locations. LURE PHASE FUTURE PHASE GENERAL NOTES: 1. Required perimeter planing shell meal the loncwing size reglmemeras per TMC 18.52.030: Deciduous trees shall be Z' Wiper minimum Evergreen trees shall be 8 height minimum Shrubs shall be 18' height minimum 2. All planting and lawn areas shall be served by an automatic irrigation system per TMC 1852.940. H. 11493407 plan shall be Design/Build b/ installing contractor and shall meet all applicable codes and Design/Bula 101988on 5(ocmcaftons to be provided by Landscape Architect. Installing contractor shat provide the udgation design to landscape Architect for approval Ido to construction. PHASE 1 PHASE --tFUTURE PHASE FUTURE PHASE SCALE: V=20,0 Osterly Park Townhomes 3429 South 144th Street Tukwila, Washington <51i1VICATE e31 project number. 20001020 drawn: CSW Hacked: Studio 342 date issue / revision 9/102008 Pre3M, Review 9/22/2039 Revision 892010 Revision 99/2010 Utllfty Update 22/2012 Phase 1 Reyisians Planting Plan L-2 NORTH a City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington DEDICATION KNDW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DD HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17.16. THE UNDER SIGNED FURTHER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION DF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER<S). KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSONS) OR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER THE DEDICATION OF THE PROPOSED TRACTS AND UTILITIES ARE SUBJECT TO THEIR COMPLETION BY THE DEVELOPER AND ACCEPTANCE AND APPROVAL BY THE PUBLIC WORKS DIRECTOR THAT THEY HAVE BEEN COMPLETED TO CITY STANDARDS. IN WITNESS WE HAVE SET OUR HANDS AND SEALS THIS DAY OF , 20 Mike Overbeck Julia D. Overbeck ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME____ DATED______ MY APPOINTMENT EXPIRES _______ STATE OF WASHINGTON COUNTY OF 1 CERTIFY THAT I KNOW DR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE <HIS/HER) FREE AND VOLUNTARY ACT FOR TIIE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED_____ MY APPOINTMENT EXPIRES RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 20 AT .M. IN BOOK OF AT PACE AT THE REQUEST OF MCR SUPT. OF RECORDS TUKWILA APPROVALS EXAMINED AND 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 SYSTEMS AND OTHER LAND USE CONTROLS. EXAMINED AND APPROVED THIS DAY OF , 20 . PUBLIC WORKS DIRECTOR ALL INSTALLED IMPROVEMENTS ARE IN ACCORDANCE WITH THE PRELIMINARY PLAT APPROVAL. THE SUB DIVIDER HAS EXECUTED BOND AGREEMENTS IN ACCORDANCE W1TH TMC 17.024.030 TO ASSURE COMPLETION OF REMAINING REQUIRED IMPROVEMENT'S AND CONSTRUCTION PLANS. PUBLIC WORKS DIRECTOR CRY OF TUKIMLA TREASURERS CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DEUNQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS DAY OF , 20___ FINANCE DIRECTOR MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS___ DAY OF_________ 20 ___ MAYOR CITY CLERK KING COUNTY. APPROVALS KING COUNTY TREASURER'S CERTIFICATE 1 HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF , 20 . KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS -- DAY OF , 20 . KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000088 and 0040000094 n SOUTH 144711 STREET SITE tSOUTH 146TH STREET VICINOTY NOT TO SCALE LEGAL DESCRIPTIONS LOT 5, BLOCK 2, ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES 8Y DEED RECORDED JULY 27, 1966, UNDER RECORDING NUMBER 6060692; AND THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON. PROPERTY NOTES 1. TRACT "A" RECORDED UNDER KING COUNTY RECORDING NUMBER _ IS A PRIVATE ACCESS AND UTILITIES TRACT. ALL LOTS IN OSTERLY PARK TOWNHOMES SHARE UNDIVIDED AND EQUAL INTEREST IN OWNERSHIP OF TRACT A. MAINTENANCE OF TRACT "A" SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. 2. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT D RECORDED UNDER KING COUNTY RECORDING NUMBER SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION. 3. THE 10 FOOT PRIVATE SANITARY SEWER EASEMENTS RECORDED UNDER RECORDING NUMBER ARE FOR THE BENEFIT OF THE LOTS SHOWN ON THIS SUBDIVISION. MAINTENANCE, REPAIR, AND/OR REBUILDING OF THESE FACILITIES SHALL BE SHARED EQUALLY BY THOSE BENEFITED AND THE RESPONSIBILITY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST TO THE BENEFITED PROPERTY. LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., TI -IAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREDNI THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY UN THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 00000 SURVEY NOTES 1. Field data for this survey was obtained by direct field measurements. Angular and linear relationships were measured with a six second theodolite and electronic measuring device, supplemented by a steel tape. This survey meets or exceeds the standards contained in WAC 332-130-090. 2. REFERENCES: PLAT OF ADAMS HOME TRACTS, VOL. 11/31 14424 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47, PAGES 91 TO 93; 14422 THIRTY FOURTH SOUTH, A CONDOMINIUM, VOL. 47/ PAGES 88 TO THROUGH 90; ROS 143/125 BASIS OF BEARING BASIS OF BEARING 14422 THIRTY FOURTH SOUTH CONDOMINIUM, VOL. 47/89 SHEET 1 OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PD. Box 813, Seohwrst, V>shington 98062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 10/10/14 Found 2" brass disk w/"X" in concrete in case - 11/11/07 30' lneri City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington d North lend 4' chain link fence is 0.3' north & 0.9' east of set rebor w/cap New Private 24-" driveway easement (3) S — — — - -.5-o 10' NEW PRIVATE SANITARY SEWER -- EASEMENT REC. # PHASE 2 GRAPHIC SCALE 13 30 00 120 ( IN FEET) 1 Inch = 30 f4 3.5' conveyed to the City of Tukwilo Rec. #20050518000267 South 744th Street >0' Exception for Rood Rec. #6060692. N87'35'33" W (c) N87'35'52"W (m) 2430.54' (m) i` 0 LILImam.lOOTT -'-FOMOz6v OQyn—o LOT OT 0pQz.WyOz 0160 vau.'-/7 3-9NN - `'7 21.93' 1.93' •io0 2 3j0.- 0 1 mm'MoN 0 20S21 wLOT LOT 18,1 0mO06' co 130.00' 58850'2- 2'E- 588'50'22"9 ` 1LOT LOT 30.001 16 Nw17 6 no N 110' 25.9038'7509322.6E.90;585.13'E 6515' 13.2587'35'33"E o — — — — _-- -130.01-^2t.93'-' 10' I w ono ZLob y U ws oI o,O 27100' z;.-: ; 24.92 ' v 85 Z 580'22"E ao dY "S84"EI 51.94 S87'33'54"E TRACT D: TEMPORARY RECREATION TRACT LEGEND • Concrete Monument in Case 'j' Monument no case X Tack in Lead or Nail & Disk 20.00' (2) Tempi parking spaces LOT 100 68.75 N87'49'57"W 0 Set 2"x2" hub w/tack (P) Plat bearing or distance (c) calculated bearing or distance 0 Set rebar w/cop #23604 Old Lot Lines 0 Found pipe or rebor — — — Easement Lines Boundary Lines GP Guest Parking 0 N I New Privote 24' driveway easement (4) 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. 5 Found brass pin w/punch mork in concrete in case - 11/11/07 1748.47 6 ](o) Bosis of Bearing of this survey are monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave. South/South 148th Street. LOT AND TRACT AREAS TRACT A = 4,672 sf t or 0.11 acres t RECREATION TRACT D = 1,341 sf ± or 0.03 acres ± LOT 16 = 1,242 sf t or 0.03 acres t LOT 17 = 1,614 sf t or 0.04 acres t LOT 18 = 1,466 sf ± or 0.03 acres t LOT 19 = 1,990 sf ± or 0.05 acres ± LOT 20 = 2,252 sf ± or 0.05 acres ± LOT 21 = 1,634 sf ± or 0.04 acres ± LOT 22 = 1,677 sf t or 0.04 acres ± LOT 23 = 1,283 sf t or 0.03 acres t LOT 24 = 1,610 sf t or 0.04 acres ± LOT 100 = 12,017 sf t or 0.28 acres 3 LOT WIDTHS LOTS RANGE IN WITOHS FROM 21.92 FEET TO 30.01 FEET Found 2" brass disk w/punch mork in concrete in case - 11/11/07 South 148th - r reet SHEET 2 OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS P.O. Box 813, Seahurst, Washington 98062 <206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT N0. 07181 ORWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 10/10/14 City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington ASBUILT CONDITION S 08/13/08 Existing fire hydrant if DETAIL: EASEMENT LOCATIONS _ South 144th Street -2 _ — =-._77—' —r 1 I I New Private 24' driveway ,i 2I0 C — — 21 — — V) CO o d _ _ 18 — — 19 — --1 o o New Private South 144th Street x '— 10' Exception for Rood e s uP6m. -- SCL vault curb cut — — North end 4, chain link fence is 0.3' north & 0.9 east of set rebor w/cap wood fence _sconcre 6'concrete walk — — — — rU .' 65.15 ....,==.._____, N87'35'32"W ]ra M1A+ g4'(' e• owed"` r s ( o L68.73' LpSaint d33"EA ^ o sewer line j ,o (green) — N ® ,n, curb cut — — -r _ - easement (J) for the benefit of Townhomes 20, 21, 22 and 23 I I Y- — .8 41 (4 _ — 92' o U) IX Vr Iii CJ _ _ - 41.93' I 1 _ + o 24' driveway easement (1) for the benefit of Townhomes 16, 17, 18 and 19 0.9' -- o m 4 9p/ N s, 9F.,QGC I 1'- " /A-ef„ rr, carpo Existing House / feast edge I I 1 1 10' NEW PRIVATE SANITARY SEWER EASEMENT I New Private 5' sidewalk, 41 1 122 E I ((4 93_ _ 23 2492 12192' 4 92 C W ti Cr E7 CD L(,1 Z J st U Q Z N — 41. 16 25_93' 3' — 1 17 * I oil fill S' #3421 o k ^9 concrete ' cap" . w o d deck P TL 0040000094 I 1.1' .- ..+ o -i- (7 O 45, . j`e „ 1.3' - -0- - ,'t $ TL 0040000088 av) N8 65.15 W ym'm j° •/,'''' o of Lot Line to be / Removed Qb xb'`(` Found old ocb / standing water fA down 5' no 'o outlet found) °aI 0 (K - w cn ACL woodSwale ") fence & Ti N s a set 2"x2" w/tack- i existing Building ,n % Existing Building / 2 easement (K) for the I benefit of Townhomes 22 and 23 — I TRACT A TEMPORATY RECREATION TRACT Q ?5.93' L E 10' NEW PRIVATE SANITARY SEWER EASEMENT pork ng spaces' LOT 100 E0 ot- c o c vi a` aa na I©Q5U GRAPHIC SCALE 3 BO 24 - E 30 VCDQTI-U — GRAPHIC SCALE 50 BO _ _offoet o set rebor w/cap 2.00' west 13 m / 4 5 MI ( W FEET ) 1 inch = 30 ft. of — —.68.75' LEGEND "—chain link fence is east of line _o N87'49'57"W (c) ® Concrete Monument in Case Iii Catch Basin X Tack in Lead or Nail & Disk A Gos Valve O Set rebar w/cap #23604 Water Valve O Found pipe or rebor IX1 Hydrant® sewer manhole .p, Power pole ® storm drain manhole Deciduous Tree m❑ wale! meter 00 Evergreen Tree {j -t3 power pole w/light ( IN FEET ) . t inch = 30 It SHEET 3 OF 3 SCHROETER .LAND SURVEYING PROFESSIONAL LAND SURVEYORS P0. Box 613, Seohurst, Washington 90062 (206) 242-6621 FAX (206)243-9679 DATE: 9/16/09 PROJECT NO. 07181 DRWN BY LAW JOB NO. 530/4 FIELD DATE 11/11/07 REVISED 10/10/14 Return Address: Document Title: Grantor: Grantee: Legal Description: Reference Number: Tax ID Numbers: iIIIIIIOhII011hIOIUOIii 11 20131001001350 OVERBECK S EAS 80.00 PAGE -001 OF 009 10/01/2013 13:41 KING COUNTY, WA EXCISE TAX NOT REQUFx ED King Co. rds Deputy By, Julia D. Overbeck 4620 S. 148th Street Tukwila, WA 98168 (206) 787-0259 i Private Ingress, Egress, Storm System and Utilities Easement Julia D. Overbeck, as her separate estate; and 144711 St REO Partners LLC, a New Mexico limited liability company. Julia D. Overbeck, as her separate estate; and 144"; St REO Partners LLC, a New Mexico limited liability company. A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN N/A 004000-0088 and 004000-0094 PRIVATE INGRESS, EGRESS, STORM SYSTEM AND UTILITIES EASEMENT THIS PRIVATE INRESS, EGRESS, STORM SYSTEM AND UTILITIES EASEMENT is entered into by and between Julia D. Overbeck, as her separate estate; and 1447" St REO Partners LLC, a New Mexico limited liability company; "Grantor", having ownership in properties described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN SEE EXHIBIT "A" and Julia D. Overbeck, as her separate estate; and 144` St REO Partnership LLC; the "Grantee", having ownership in the property described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN SEE EXHIBIT "B" For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby conveys, grants and warrants to Grantee a permanent non-exclusive Easement for private ingress, egress, storm system and utilities, including appurtenances, under, over, through, upon, and across the real property legally described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN SEE EXHIBIT "C". Grantee shall have the right, without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon the Easement and adjoining property owned by Grantor for the purposes of installing, constructing, operating, maintaining, removing, repairing, replacing and using the private ingress, egress, storm system and utilities improvements, together with all the connections and appurtenances thereto of associated utilities systems. The Grantee shall, if the Easement is disturbed by the maintenance, removal, repair, or replacement any portion of the above improvements restore the surface of the Easement to a condition substantially equal to the condition that existed prior to the commencement of the maintenance, removal, repair, or replacement. The Grantor shall have the right to use the surface of said Easement area so long as Grantor's use does not interfere with the work of repairing, removing, replacing and adding to the private ingress, egress and utilities improvements, provided that no permanent building or structure of any kind shall be located on said Easement. The construction and installation of asphalt or concrete surfaces by Grantor is permitted. If the subject property is further subdivided in the future, all private ingress, egress, storm system and utilities improvements must be installed in accordance with the requirements and codes in effect in the City of Tukwila at the time of permit application for those improvements. A minimum of sixty percent majority of the owners may initiate an improvement or repair action. All owners shall share all associated costs on an equal basis, with no fees allowed for administration by one or more of the owners. All funds shall be due at the time that the work is billed by the respective contractor or professional. Independent payment schedules may be used if agreed upon by the majority of the owners. In the event that funds are not paid when due, the aggrieved owner or owners may initiate an action to collect the funds and shall be entitled to costs and a reasonable attomey's fee upon recovery. All property owners having interest in this easement acknowledge, in the event of an emergency or the eminent possibility of damage to adjacent properties, the right of the City of Tukwila to enter onto said easement and perform necessary maintenance or repairs to restore proper function of the drainage system and/or other utilities. Such work must be limited to the effort necessary to restore the level of function of such drainage system and/or other utilities to that obtained under the originally approved and installed system or systems at the time of the origination of the short plat forming the subject lots. Such entry and maintenance or repair work will be done only upon notification of all property owners, excepting situations of a bona fide emergency nature in which time does not allow such notification. The City of Tukwila is authorized in the event of such work as noted above to receive reimbursement for the above such services, provided that the property owners reserve the right to review, after the fact, full documentation of the need for such services and to inspect and comment upon documentation of labor, equipment and materials resources expended. Should disputation arise between any of the property owners and the City of Tukwila relating to the above, appeals will be made to the Director of Public Works and/or the City Council and/or the Office of the Mayor. This easement and the covenants herein shall be covenants running with the land and shall benefit and bind the parties and their respective successors and assigns. Grantor warrants that Grantor has good title to the property, and warrants Grantee's title to and quiet enjoyment of the Easement conveyed herein. Dated this day of QTY , 2013. STATE OF WASHINGTON) ) SS. COUNTY OF KING GRANTOR (S) Notary Public State of wahing�tonn DEBBIE A. SUELZLE MY COMMISSION EXPIRIS Minh 28, 2017 I certified that I know or have satisfactory evidence that 1411A by -e . L is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses purposes mentioned in the instrument. DATED this D- (o day oft/, 2013 NOTARY PUBLIC in and for the State tashington, residing at My Appointment expires Dated this ) day of fOla , 2013. GRANTOR (S); manager of 144th st REO Partners, Ilc OffeLxvol- STATE OF WASHINGTON) SS. COUNTY OF KING ) On this 1st day of October, 2013, before me the undersigned, a Notary Public in and for the State of Washington, duly appointed and sworn personally appeared Julia Overbeck to me known to be the manager of 144th st REO, Ilc the limited liability company 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 Julia Overbeck authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Given under my hand and official seal the day and year last above written. DATED this t day of Oc Obe ( , 2013 NOTARY PUBLIC in and for the State gf�Vashi,ngton, residing at �l 3 .2,L. My Appointment expires 3j7-5jxan EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTIES Parcel 1 PN: 004000-0088 Julia D. Overbeck, as her separate estate THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING :COUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 200.50518000267. SITUATE IN THE CITY OF TUKWZLA, COUNTY OF KING, STATE •OF WASHINGTON. Parcel 2 PN: 004000-0094 144TH St REO Partnership LLC, a New Mexico limited liability company LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLATA. DED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING CAIJNt'r AUDITOR; • EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692. SITUATE IN THE CITY OF TUKWZLAP COUNTY OF IC4iG,$TA1E OF WASHINGTON. EXHIBIT "B" LEGAL DESCRIPTION OF GRANTEE PROPERTIES Parcel 1 PN: 004000-0088 Julia D. Overbeck, as her separate estate THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING'COUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING STATE OF WASHINGTON. Parcel 2 PN: 004000-0094 144'" St REO Partnership LLC, a New Mexico limited liability company LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692. SITUATE IN THE CITY OF TUKWILA, COUNTY OF. KING, STATE OF WASHINGTON. EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT FOR ACCESS, EGRESS, STORM SYSTEM AND UTILITIES THE EAST 13.21 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME'tRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN 1f 'COUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE .CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 200$05160.00267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE -OF WASHINGTON. TOGETHER WITH THE WEST 16.79 FEET OF THE NORTH 199.87 FEET OF THE FOLLOWING DESCRIBED PARCEL: LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER 'PLAT 'REC,CactED IN VOUJME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING'COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692. SITUATE IN THE CITY OF TUKWILA, COUNTY OP.IQNO;:$TATE OF WASHINGTON. — 3.5' coneyed to the City of Tukwila Rec. #10050517 South 744th Street 1167'3.5'33" 1f (c) er6735'52"W (m) 2107.01' North end 4' chain link fence Is 0.3' north & 0.9' east of eet rebor w/oapj 1trti 1 f 4) t i i 23 # f 22 EASEMENT MAP NORTH A a 1 1 INCH = 40 FEET §31 Y-- --CMS" .__1.1 20 0• Eta Rec. /6061 Silt/ - 1.-7\ 18 i 19 t 4 17 16 1 27 26 l 1 ' 24 186.92'I It g "21 24 25 =SS AND UTILITIES TRACT 244.70' A 5 i 7 13 O24(zoc.3e'-4.s`i'x /5,7•e7') ' OEtVED OCT 16.20111 (,,,;UNI I Y ,t \Ii_LOPMENT Osterly Park Townhomes Subdivision -Final Plat Discussion In 2009, I received preliminary subdivision approval for Osterly Park Townhomes. This consisted of an approximate 1.7-arce site that included 31 zero lot line townhome units, the requirements for landscaping, guest parking, utilities, access, recreation areas, and frontage improvements were reviewed by the City of Tukwila's Planning, Public works, Police, and Fire departments and approved by the Board of Agriculture Review, and Department of Community development. In the approval, there were to be three phases, of the units themselves constructed. However, the entire Infrastructure, including all utilities, roads and sidewalks, were to be completed. This proved not economically viable and in 2012, I asked for and received a phase approval that included Infrastructure for phase 1 only. This to include the infrastructure and construction of the first 8 units only. In accordance with 18.14.060 the project was subject to design review. Per TMC 18.60.050 a townhouse development must follow the design criteria contained in the Townhouse Design Manual. This manual is available on the city's website. In the preliminary subdivision approval, Site Planning, Building Design, Landscape/Site Treatment, and Miscellaneous Structures/ Street Furniture were all reviewed and changed if need be based on planning staff recommendations and or the request of the city council. Attached is a copy of the Preliminary Subdivision approval, where these issues in great detail are discussed and recommendations are made. In addition to that, we received input from city council meetings and several visits to the planning department. Consequently, all recommendations from the planning staff and city council were used as a chance to make the project better and in every case we tried to accommodate the exact recommendation. There are two changes that have been made in the phase 1 approval received in March 2012 that differ from the original subdivision approval in 2009. The first, being a temporary recreation area, that in phase 2, will removed when the full required landscape area is installed. The other temporary change is that 2 temporary guest parking stalls will be created at the end of the main driveway and later these will be removed as the guest spaces are re located in phase 2. The project compiles completely with the phase 1 approval received in March 2012. Please reference attached items, Subdivision approval, Phase 1 approval, Landscaping plan, and the Surveyor's phase 1 drawings. Thank you, Mike Overbeck Owner Osterly Park Townhomes WWW.CWTIT E.NET Order No.: CS -40130674 RECEIVED 14450 N.E. 29th PI., #200 OCTevue WA 98007 UC I 16 E ` ,,` e: 425-646-3515 CC)MMUtNI r 888-272-5773 t )F -VI -L UFAMEfTx : 425-646-3517 SECOND COMMITMENT FOR TITLE INSURANCE ISSUED BY TITLE RESOURCES GUARANTY COMPANY SCHEDULE A 1. Effective Date: March 21, 2014 at 8:00 a.m. Commitment No.: CS -40130674 2. Policy or Policies to be issued: ALTA Loan Policy 6-17-2006 with 5% Electronic Discount Rate Proposed Insured: Seattle Funding Group, LLC Amount: $1,200,000.00 Premium: $1,235.00 Agent Portion of $1,111.50 Premium: Tax: $ 117.33 Underwriter $123.50 Portion of Premium: Total: $1,352.33 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the Effective Date hereof vested in: Julia D. Overbeck, as her separate estate and 144th St REO Partners LLC, a New Mexico Limited Liability Company, who also appears of record as 144th Street REO Partners LLC, a New Mexico Limited Liability Company 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. TR GC Form: WA 09/28/2011 Order No.: CS -40130674 EXHIBIT "A" THE EAST 65.15 FEET OF LOT 4 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR; EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 20050518000267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Order No.: CS -40130674 COMMITMENT FOR TITLE INSURANCE ISSUED BY TITLE RESOURCES GUARANTY COMPANY SCHEDULE B - SECTION I REQUIREMENTS: The following requirements must be satisfied (unless otherwise noted, all documents required to be recorded must be recorded in the official real estate records of the county in which said property is located): 1. Payment of the necessary consideration for the estate or interest to be insured. 2. Pay all premiums, fees and charges for the policy. 3. Documents satisfactory to the Company creating the estate or interest to be insured, must be properly executed, delivered and duly filed of record. 4. Payment of all taxes and/or assessments levied against the Land which are due, payable or delinquent. 5. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may have additional requirements or exceptions. SCHEDULE B - SECTION II EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. See Schedule B - Section II Standard Exceptions. 2. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0040000088 YEAR BILLED PAID BALANCE 2014 $1,034.56 $0.00 $1,034.56 2013 $800.92 $0.00 $800.92 2012 $954.20 $0.00 $954.20 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,789.68. LEVY CODE: 2413 ASSESSED VALUE LAND: $72,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 TOTAL ASSESSED VALUE $72,000.00 (COVERS LOT 4) TRGC Form: WA 09/28/2011 Order No.: CS -40130674 SCHEDULE B- SECTION II (CONTINUED) 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0040000094 YEAR BILLED PAID BALANCE 2014 $3,599.63 $0.00 $3,599.63 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,599.63. LEVY CODE: 2413 ASSESSED VALUE LAND: $251,700.00 ASSESSED VALUE IMPROVEMENTS: $0.00 TOTAL ASSESSED VALUE $251,700.00 (COVERS LOT 5) 3. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: JULIA D. OVERBECK, AS HER SEPARATE ESTATE; AND 144TH ST REO PARTNERS LLC, A NEW MEXICO LIMITED LIABILITY COMPANY PURPOSE: PRIVATE INGRESS, EGRESS, STORM SYSTEM AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 1, 2013 RECORDING NO.: 20131001001350 (EFFECTS LOT 4) 5. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6060692. (EFFECTS LOT 5) 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: DRAINAGE PIPELINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 6319966 (EFFECTS LOT 5) 7. WEATHERIZATION ASSISTANCE PROGRAM PERMISSION AND COVENANT FOR INSTALLATION IMPOSED BY INSTRUMENT RECORDED ON MARCH 5, 1990, UNDER RECORDING NO. 9003051677. (EFFECTS LOT 5) TRGC Form: WA 09/28/2011 Order No.: CS -40130674 SCHEDULE B- SECTION II (CONTINUED) 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: (EFFECTS LOT 5) CITY OF SEATTLE, A MUNICIPAL CORPORATION UNDERGROUND ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM A PORTION OF SAID PREMISES APRIL 20, 2011 20110420000543 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS, STORM SYSTEM AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 20131001001350 (EFFECTS LOT 5) 10. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (EFFECTS LOT 4) JULIA D. OVERBECK, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY TRUSTEE SERVICES, INC. RUTH Z. CAGLE $47,000.00 MAY 27, 2011 MAY 31, 2011 20110531002178 11. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: 144TH STREET REO PARTNERS LLC, A NEW MEXICO LIMITED LIABILITY COMPANY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY WADOT CAPITAL, INC., A WASHINGTON CORPORATION $45,000.00 SEPTEMBER 04, 2013 SEPTEMBER 9, 2013 20130909001251 ASSIGNMENT OF DEED OF TRUST: ASSIGNEE: RECORDED: RECORDING NO.: (EFFECTS LOT 5) TRGC Form: WA 09/28/2011 LORNTY CAPITAL LLC, A WASHINGTON LIMITED LIABILITY COMPANY SEPTEMBER 17, 2013 20130917002015 Order No.: CS -40130674 SCHEDULE B- SECTION II (CONTINUED) 12. THE LAND DESCRIBED IN THIS COMMITMENT APPEARS TO BE RESIDENTIAL IN NATURE AND MAY BE SUBJECT TO THE PROVISIONS OF R.C.W.6.13.060 (HOMESTEAD STATUTE) IF THE LAND IS OCCUPIED AS A PRIMARY RESIDENCE. IF THE LAND IS OCCUPIED AS A PRIMARY RESIDENCE, ALL INSTRUMENTS CONVEYING OR ENCUMBERING THE LAND MUST BE EXECUTED BY EACH SPOUSE OR DOMESTIC PARTNER, INDIVIDUALLY, OR BY AN ATTORNEY- IN-FACT. IN THE EVENT THE COMPANY RECEIVES INSTRUMENTS THAT ARE NOT JOINED BY THE NON -OWNING SPOUSE OR DOMESTIC PARTNER WITH POSSIBLE HOMESTEAD RIGHTS, THE COMPANY MAY BE UNABLE TO RECORD OR TO INSURE THE TRANSACTION. NOTE 1: IN THE PAST 24 MONTHS, THERE HAVE BEEN NO CONVEYANCES OF RECORD FOR THE PROPERTY DESCRIBED IN SCHEDULE A HEREIN. TITLE WAS ACQUIRED BY DEED RECORDED ON MAY 31, 2011, UNDER RECORDING NO'S. 20110531002177 AND 20130909001250. NOTE 2: WE FIND NO PERTINENT MATTERS OF RECORD AGAINST THE NAME(S) OF SAID BORROWER(S). NOTE 3: THE MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIENS FOR LABOR AND MATERIAL HAVE BEEN CLEARED FOR THE LOAN POLICY WHICH, WHEN ISSUED, WILL CONTAIN THE ALTA 9-06 OR WLTA 100 ENDORSEMENT, AS APPROPRIATE FOR THE POLICY FORM. NOTE 4: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: NOTE 5: NOTE 6: NOTE 7: VACANT LAND KNOWN AS: 3421 S. 144TH ST TUKWILA, WA 98168 MAP ..................... IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT CW TITLE MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PTN OF LOT 4 IN BLOCK 2 OF ADAMS HOME TRACTS TRGC Form: WA 09/28/2011 NOTE 8: NOTE 9: Order No.: CS -40130674 SCHEDULE B- SECTION II (CONTINUED) IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. NOTE 10: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: CW TITLE COLUMBIA CENTER 701 5TH AVENUE, 42ND FLOOR SEATTLE, WA 98104 ATTN: RECORDING DEPT. CW TITLE PRE -ADDRESSED ENVELOPES MAY STILL BE USED WHEN SENDING DOCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON THE FACE OF THE COMMITMENT COVER PAGE OR TO THE ABOVE ADDRESS. (END OF SPECIAL EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA Homeowner's Policy of Title Insurance (2-03-10), and/or the ALTA Loan Policy (6-17-06). If the policy to be issued is the ALTA Homeowner's Policy of Title Insurance (2-03-10), certain Covered Risks will be subject to maximum dollar limits of liability and deductible amounts. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. MP1 Enclosures: Sketch Vesting Deed Paragraphs All recorded encumbrances TRGC Form: WA 09/28/2011 TITLE RESOURCES GUARANTY COMPANY Order No.: CS -40130674 COMMITMENT FOR TITLE INSURANCE Issued by Title Resources Guaranty Company Title Resources Guaranty Company a Texas corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 180 days after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Title Resources Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. TRGC Form: WA 09/28/2011 Title Resources Guaranty Company -yy7 t Executive Vice President Order No.: CS -40130674 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to beissued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>. TRGC Form: WA 09/28/2011 Order No.: CS -40130674 SCHEDULE B- SECTION II (CONTINUED) STANDARD EXCEPTIONS The matters listed below each policy form are expressly excepted from the coverage of that policy and that policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason thereof. SCHEDULE B STANDARD EXCEPTIONS THAT WILL APPEAR IN ALTA OWNER'S and LOAN POLICY — STANDARD COVERAGE 1 Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the Public Records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under Worker's Compensation Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B STANDARD EXCEPTIONS THAT WILL APPEAR IN ALTA OWNER'S POLICY — EXTENDED COVERAGE 1 Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installations which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 5. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. TRGC Form: WA 09/28/2011 Order No.: CS -40130674 The following are the Exclusions From Coverage contained in the form of the policy or policies as described in Schedule A of the Commitment. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). TRGC Form: WA 09/28/2011 Order No.: CS -40130674 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not , modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. TRGC Form: WA 09/28/2011 Order No.: CS -40130674 AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (2-03-10) EXCLUSIONS FROM COVERAGE In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. TRGC Form: WA 09/28/2011 TITLE RESOURCES JARANTY C M PAN Title Resources Guaranty Company CW Title Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GBLA, we are providing you with this document, which notifies you of the privacy policies and practices of CW Title and Title Resources Guaranty Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you such as on applications or other forms. • Information about your transaction we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT To: Consumer Property:3421 S. 144th St Tukwila, WA 98168 From: CW Title Date: March 21, 2014 Thank you for contacting CW Title (hereinafter "Agent"). Agent is jointly owned by WTG LLC (80% owner) and Title Resource Group Affiliates Holdings LLC ("TRG") (20% owner). This is to give you notice that Agent has a business relationship with Title Resources Guaranty Company, which is a title insurance underwriting company. TRG's parent company is also the one hundred percent owner of Title Resources Guaranty Company. Because of this relationship, this referral of business to the underwriter below may provide Agent a financial or other benefit. Set forth below is the estimated charge or range of charges for the underwriting services listed. You are NOT required to use the underwriter below in connection with the provision of title services. THERE ARE FREQUENTLY OTHER UNDERWRITERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. COMPANIES DESCRIPTION OF CHARGES ESTIMATE OF RANGE OF CHARGES GENERALLY MADE BY PROVIDER Title Resources Guaranty Title Insurance premium Com an P y Title insurance Premium between $7.72 and $4.37 per thousand dollars of policy coverage.* *This range of charges covers, as an example, policies from $100,000.00 to $400,000.00, however the cost to you will differ depending on the policy amount. TRGC Form: WA 09/28/2011 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: planning_atTukivilaffA.gol, AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY RECEIVED OCT 16 2014 comm V11 S )FV#-LOPMENT STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. . Owner grants the City, its employees, agents, enggin�eers, contractors or other representatives the right to enter upon Owner's real property, located at -342.\S. )'14 7 54 . T111(Wr pi WA- " `(90 for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at \C9✓\J� `,` %���`o M AA0A,''/i 4, * 0: g:� .r,v (lio PUBLIC 0 r 'oi,9J<c •• •7;•2* 'ef, OF W PS,NN• 41:1.71.4n��.'o ss (city), wA - (state), on OCT , 20 14 (Print Name) 25''/617- . (Address) ole— :S51— ?5 / (Phone Number) On this day personally appeared before me m 'V-e..'(bR-C L to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. 1l1 _ SUBSCRIBED AND SWORN TO BEFORE ME ON THIS `�} DAY OF 0 Ct ' , 20 \ 1 eo, NOTARY PUBLIC in and for the State of Washington residing at �(5\) ViNfi e \ My Commission expires on A, ;`l 10 1 '� H:\Land Use Applications in PDF\Subdivision Final Plat-Jan201 l.doc COMPLETE APPLICATION CHECKLIST 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. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may 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). * Please note that the application fee listed in the Land Use Fee Schedule covers up to a specified number of review hours and is due at the time an application is received by the City. Review hours over the retainer fee will be charged at $92.00 per hour and the applicant will receive a monthly bill when those fees become due Check items. submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: 1. Application Checklist (1 copy) indicating items submitted with application. 2. Completed Application Form and drawings (5 copies). 3. One set of all plans reduced to either 8 1/2" x 11" or 11" x 17". 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). 5. Application Fee: See Land Use Fee Schedule. *Additional fees may be incurred. 6. One electronic copy of the final plat survey on disk in AutoCad, ArcView or Arclnfo format. PUBLIC NOTICE MATERIALS: t LA e 4. 51h 7. Payment ofa$3651 otice board fee to FastSigns Tukwila OR provide a 4' x 4' public notice board on site within 14 days of t)Ze Department determining that a complete application has been received (see Public. Notice Sign Specifications Ilandout). 8. Pay the fee as established by the Land Oise Fee Schedule for generating mailing labels; OR provide an excel spreadsheet of mailing labels for all property owners and tenants (residents and businesses) within 500 feet of the subject property. Each unit in multiple family buildings e.g. apartments, condos, trailer parks --must be included. Once your project is assigned to a planner, you will be required to provide an electronic copy of the mailing label spreadsheet in the following format: Name, Street Address, City St Zip, with each of these fields as an individual column: Name Street Address City, St, Zip Mr. Smith 1234 Park Ave S Tukwila WA 98188 PLEASE NOTE: Regardless of whether you pay the City to generate the mailing labels or you provide them, there is an additional fee for postage and material as listed under Public Notice Mailing Fee on the Land I lse Fee Schedule. Payment of this fee is due prior to issuance of the decision and you will receive a separate bill for this fee. 9. If providing own labels, include King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. H:\Land Use Applications in PDF\Subdivision Final Plat-Ian201 I.doc Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning PROJECT DESCRIPTION AND ANALYSIS: 10. 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 (two copies). 11. A written discussion of project consistency with decision criteria (see Application). Include all plans, legal descriptions and other documentation necessary to demonstrate that conditions of preliminary plat approval have been met. Clearly call out any changes to the approved preliminary plat and justify why it was changed. 12. Any required maintenance agreements; easements; private codes, covenants or restrictions; or other documents ready for recording. 1‘ Pt 13. Prole sensitive area enhancement reports and/or maintenance and monitoring bonds as needed per Tukwila Sensitive Areas Ordinance (TMC 18.45). 14. Printed computer plat closure or demonstrated mathematical plat closure on all lots, streets, alleys and boundaries. Allowable error of closure shall not exceed one foot in 5,000 feet. 15. Any proposed signage per the Tukwila Sign Code ('FMC I'itic_Iy). FINAL PLAT SURVEY: 16. (a) The plat survey must include the name of the plat, graphic scale, space for the City of Tukwila file number and north arrow. It shall be drawn with black ink in record of survey format and include the elements listed at TMC 17.04.060(A). This shall be stamped by the surveyor. (b) Legal descriptions of the subdivision boundaries. (c) The final plat documents must include all applicable signature blanks (see TMC 17.04.060). Sections for the surveyor and owner(s) must be signed prior to submittal. (d) Existing and proposed lot lines shall be shown solid with new lines called out and lot lines to be removed shall be shown dashed. (e) Lot and block numbers shall begin with the number one (1) and be numbered consecutively without omission or duplication. (f) Total lot or parcel sizes and average width of each proposed lot (min 50 ft. for residential). (g) Dash in required setback distances from all parcel lot lines. (h) Fire access lanes and turn-areund:s per Fire Department standards. (i) Location of all 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 limitations. LANDSCAPE PLAN: 17. (a) Landscape planting plan by a Washington State licensed landscape architect. One set of all plans and analyses shall have an original Washington State registered Landscape Architect stamp and signature. Plans must include the type, quantity, spacing and location of all plantings. Maximum sheet size 24" x 36". (b) Show all existing trees to be retained and any tree protection measures required (for example fencing at drip line). SENSITIVE A' AS PLAN: • 18. . Location of all sensitive areas (e.g. streams, wetlands, slopes over 15%, coal mine areas and import.. t geological and archaeological sites). For stream frontage provide existing and proposed top of stream b,. -tk, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). M. imum sheet size 24" x 36". (b) Loca 'on of all required sensitive area buffers, setbacks tracts and protection measures. (c) Show a. trees over 4" caliper, indicating those to be retained and those to be removed. A tree permit will be re.. 'red for removal of any significant trees within a sensitive area or its buffer. (d) Proposed lot : Id tract lines. H -\Land Use Applications in PDF\Subdivision Final Plat-Jan20I I.doc Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning CIVIL PLANS: 19. (a)One set of all civil plans and analyses shall be stamped, signed and dated by a licensed professional gineer. Include a graphic scale and north arrow. Maximum sheet size 24" x 36". (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood-prone area. See http:!!w w.tukww-ilawa gov/pub\\kslpNApermit.html for further information (c) Existing (dashed) and proposed (solid) topography at 2' intervals (minimum 20 ft. beyond the property line). (d) Total expected cut and fill for plat buildout. (e) Existing and proposed utility improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. ISPVIt (f) Storm drainage design at least 90% complete, which meets the King County Surface Water Design Manual (KCSWDM). Include a Technical Information Report (TIR) including feasibility analysis if required by the Manual. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. For additional guidance contact Public Works or go to http://wwwh11kwilav, a.gy/pubws/pwpemit.htm1. (g) Locate the nearest existing hydrant and all proposed hydrants. (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. (i) Plan, profile and cross-section for any right-of-way improvements. (j) Show access to lots, driveways, parking areas, fire access lanes and turn-arounds. (k) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. Show the expected location of all new buildings. (1) Show proposed lot, tract and easement lines. H:\Land Use Applications in PDF\Subdivision Final Plat-Jan201 I.doc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard., Tukwila, WA 98188 Telephone: (206) 431-3670 FAX. (206) 431-3665 E-mail: _pl rnning*Tiakiiilc [f_:<l. ov SUBDIVISION — FINAL PLAT RECEIVED OCT 16 2014 APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-SUBF Planner: File Number: L. /)f.-- Ca Co Application Complete Date: Project File Number: Application Incomplete Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: 05+-eri• PA4l Taw f OMtS, 116_ LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. X2-9 I 3L et\ S. HY: . T A Iii• LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). aotA 00000 SooLA 0 DcrOo ci\\ DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/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: Itt Overeyecr Address: ti0. 5 . )9 5 / Phone: E-mail: U9- 7e7 Signature: Q 00i C karAi,eblAP\ 1-1:\Land Use Applications in PDF\Subdivision Final Plat-Jan2011.doc FAX:^ /Jl — Date: )0(1o�ge!9 Trees Quantity Botanical Name Common Name Size Notes Acer rubrum'EEewhali' 9aMr4IIMaple 2-3° cal. hydroseeded Charnaecypans nootkatensis'Green Arnow' Green Arrow Alaska, Cedar 5•8' ht. 2 per bldg. trellis Comus'Eddie's Whit Wonder' Eddie's White Wonder Dogwood Picea omcrika Serbian Spruce 6'-6' ht. Shrubs Cuantity Botanical Name Common Name Size Notes 74 CelamarJ.rostis xacutifdia'Kari Fo=_rster Feather Reed Grass 1 gal. hydroseeded Hydrangea macrophylla'Blue Wave' Blue Wave Hydrangea 5 gal. 2 per bldg. trellis Big Blue Lily Turf Nandina domestica'Firepower' Firepower Heaveny Bamboo 2gal. Nandina domestica'Plum Passion' Plum Passion Heavenly Bamboo 5 gal. 41 Pittosporu:r ttira 'Wheeler's Dwarf Wheeler's Dwarf Tobira 5 gal. 12 Pdystichum munitum 'Western Sword Fern 1 gal. 17 Rhododendron'Cilpenense' Cilpenense Rhododendron 5 gal. 17 Rhododendron Top Banana' Top Banana Rhododendron 5 gal. 8 Ribes snaquineum'King Edward VII' Red Flowering Currant 5 gal. 51 Spi:'aeajaponica .Magic Carnet' Magic.^..drpet Spirea 5 gal Groundcovers Cuantity Botanical Name Common Name Size Notes 2 tarf grass Evergreen Clematis 1 gal. hydroseeded Climbing Vines Quantity Botanical Name Common Name Size Notes 2 Clematis am-andii Evergreen Clematis 1 gal. t per wood arbor 8 Clematis annandii Evergreen Cemabs 1 gal. 2 per bldg. trellis Required Type I Landscaping (per TMC 18.52.030) Total Uneal Feel of Property Line Perimeter = 582 I.1. Total Lineal Feet of Perimeter Curb Cuts = 28 I.f. Total Uneal Feet of Perimeter for Landscape Calculations = 562 - 28 Total Uneal Feet of Perimeter for Landscape Calculations = 554 Required Trees = 1 per 30 lineal feet of req. perimeter (excluding curb cuts) Required Trees = 554 I.f. / 30 Required Trees = 19 (18.4) Required Evergreen Trees = 75% of Req. Trees Required Evergreen Trees = 75% x 19 Required Evergreen Trees = 15 (14.25) Required Deciduous Trees = Req. Trees - Req. Evergreen Trees Required Deciduous Trees = 19-15 Required Deciduous Trees = 4 Required Shrubs = 1 per 7lineel feet of req. perimeter (excluding curb cuts) Required Shrubs = 554 If. / 7 Required Shrubs = 80 (79.14) Required Evergreen Shrubs = 75% of Req. Shrubs Required Evergreen Shrubs = 75% x 80 Required Evergreen Shrubs = 60 Required Deciduous Shrubs = Req. Shrubs - Req. Evergreen Shrubs Required Deciduous Shrubs = 80-60 Required Deciduous Shrubs = 20 Perimeter Evergreen Trees Required = 19 Perimeter Evergreen Trees Provided = 19 Perimeter Deciduous Trees Required = 4 Perimeter Deciduous Trees Provided = 6 Perimeter Evergreen Shrubs Required = 60 Perimeter Evergreen Shrubs Provided = 157 Perimeter Deciduous Shrubs Required = 20 Perimeter Deciduous Shrubs Provided = 51 plant slightly higher than grown in nursery and insure crown Is not buried after settling and mulching till planting pit with native soil or specified backfill scarify edge of planting pit Y' diameter black rubber hose & 12 ga. vire tie. height to be just / high enough to hold tree upright. tie at one level only „_ ` _ (3) 2x2 d.f. wood stakes or rebar <j:;.. drive to refusal outside rootball scarify rootball & spread roots, or cut twine & pull burlap off top Y,. of rootball 2' depth mulch - 4' watering basin finish grade / _NIl existing soil firmly lamp prepared soil to avoid settling Otree planting NOTE: stake trees only if determined necessary by L.A. SCALE: not to scale plant slightly higher than grown in nursery and Insure crown is not burled after settling and mulching fill planting pit with native soil or specified backfill scarify edge of planting pit r shrub & groundcover planting scarify rootball & spread roots, or cut twine & pull burlap off top Y3 of rootball 2' depth mulch 4' watering basin finish grade existing soil firmly tamp prepared soil to avoid settling SCALE na to scale FUTURE PHASE FUTURE PHASE LEGEND: 31 storm sewer (see civil) - ss sanitary sewer (see civil) water line (see civil) power line (see civil) - GAS - gas line (see clvll) required landscape perimeter phasing delineation note: utilities shown on landscape plan are schematic. see civil and/or utility plans for exact locations. FUTURE PHASE GENERAL NOTES: 1. Required perimeter planting shall meet the following size requirements per TMC 18.52.030: Deciduous trees shall be 2' caliper minimum Evergreen trees shall be 6' height minimum Shrubs shall be 18' height minimum 2. All planting and lawn areas shall be served by an automatic irrigation system per TMC 1852.040.H. Irrigation plan shall be Design/Build by installing contractor and shall meet all applicable codes and Design/Build Irrigation Specifications to be provided by Landscape Architect. Installing contractor shall provide the Irrigation design to Landscape Architect for approval prior to construction. PHASE 1 South 14ath SfreeE Vlb r f*t-tir4io .- .•ill f.a_ ...-.-. PHASE 1 existing cedar to remain FUTURE PI -ASE FUTURE PHASE el *700070 0 FUTURE PHAS FUTURE PHASE 0 117 20' SCALE:1"=20'-0' i 01 417 L NORTH Osterly Park Townhomes 3429 South 144th Street Tukwila, Washington Imxi> «rK 0 1,11040,3 0031 3,1133 bok 072 .CE1VED STATE OF WASHINGTON REGI TERED LANDSCAPE AHCHrIECT CHAD S. VACHERS CERTIFICATE ND. 931 project number: 20081020 drawn: CSW checked: Studio 342 date Issue / revision 9/10/2008 Prelim. Review 9/22/2009 Revision 8/9/2010 Revision 9/9/2010 Utility Update 2/2/2012 Phase 1 Revisions - Planting Plan L-2 C Sludb 342 LardscapeArchitecture, LLC 2008