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HomeMy WebLinkAboutSpecial 2016-02-22 Item 3 Motion - Final Subdivision Approval for Osterly Park Townhomes Phase ICOUNCIL AGENDA SYNOPSIS I,ditia /r Meeting Date Prepared by 02/22/16 MD Mayor's review_ Council review/ At--) ITEM INFORMATION ITEM No. 1 SIAFFSPONSOR: MINNIE DHALIWAL ORIGINAL AGI ;NDADATI ;: 02/22/16 AGFND.\ T1'1? \I TIT1J 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. C,ATFGORY n Discussion Altg Date 11 Motion Date 2/22/16 ❑ Re.iolution AN Date n Ordinance A Itg Date ❑ Bid dcluiard Mtg Date Public Hearing n Other Mtg Date Mtg Illtg Date 02/22/16 SPONSOR ❑ Council U Mayor n HR 1 Finance n Fire 1S P&R ❑ Police ❑ PIV .1 DCD 1 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. R1 \'I1;\X'I?D BY CO\V Mtg. CA &P Cmte ❑ F &S Cmte n Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 03/26/12 COMMITTEE CHAIR: ❑ Transportation Cmte Planning Comm. RECOMMENDATIONS: SPONSOR /ADMIN. CommITTKT Department of Community Development Unanimous Approval with Conditions from Planning Commission; COST IMPACT / FUND SOURCE EYPI:NDI'rUR1{ R1?QUTRI?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 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. 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 Z )City of Tukwila 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 Allan Ekberg, Mayor 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 -0066 Final Subdivision ASSOCIATED FILES: L12 -oo5 Design Review Major Modification Co9-o14 Traffic Concurrency Certificate Eo8 -022 SEPA /Environmental Review Lo8 -o79 Preliminary Subdivision Lo9-oo2 Rezone Lo8 -o77 Comprehensive Plan Amendment Lo8 -076 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 1 ofthe 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 #0040000094) 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: PUBLIC COMMENTS: The City of Tukwila, as the lead agency for this project, issued a Determination of Non - Significance for this project on October 28, 2009. 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 i6, 2015 pursuant to the requirements of 18.108.05o, 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 I 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 lots 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 -o22 (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 @TukwilaWA.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. 144th 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 1 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 S. 144th St. Sidewalks and crossings connect to Foster High School and Showalter Middle School to the east. The sidewalk along S.1446 St. connects to a crosswalk to the west of the project site, at the intersection of 34th Ave. 5. 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 i gd, I R S t SI { L Phone: 206 - 433 -1800 • Email: Mayor @TukwilaWA.gov • Website: TukwilaWA.gov 9 Staff Report 2 -17 -16 Page 6 Phasing Plan: This application is forfinal plat of Phase I. Phase 1 Oaterly Park Townhomsa 74. Avenue Suutn t South 144^ St•tot Tukw•te■ WGShMPOton Phone: 206 - 433 -1800 • Email: Mayor @TukwilaWA.gov • Website: TukwilaWA.gov 10 Staff Report 2 -17 -16 Page 7 ritf .... Two building (each with two units) is under construction as there are two existing lots 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 11 was not ever built. IV. Project Consistency with Tukwila Municipal Code (TMC) 17.14.030 A. TMC 1.7.14.030 (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 50o 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 9. 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 i8.io8.o5o. 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: TukwilaWA.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 17.14.030, 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 -050 (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 oo4000 -0094 with tax parcel 004000 -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 o04000 -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 11. 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 11) 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 lots 3 and 4. The applicant shall obtain an NPDES construction permit for this project. (Phase 1) Phase 1 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 11. Phone: 206 - 433 -1800 • Email: Mayor @TukwilaWA.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 20 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 11) 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 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 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 (Li4- 0066). e) This sheet is not necessary for inclusion in the final subdivision and is best left out, as has been done. Met 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. f) 9) 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 znd and 3rd story bedroom rescue windows. (Phase!, 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: TukwilaWA.gov 17 Staff Report 2 -17 -16 Page 14 D. TMC 3.7.14.04o 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 oo4000 -oo94 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: TukwilaWA.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 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. 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 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 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 5. 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 lots 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 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. 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 17.24.040. 1o. 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 2 of the Osterly Townhome project. Phone: 206 - 433 -1800 • Email: Mayor @TukwilaWA.gov • Website: TukwilaWA.gov 20 CEtVED OCT 162014 AMUNI I Y t_L OPMENT Osterly 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 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 1 plans and currently exists onsite. Mike Overbeck Oserly Park Townhomes 22 g/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 24 City of Tukwila Attachment B 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 34th 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). 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) H. 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). 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 Townhomes\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 1I) 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. Jaimi eavis, Assistant Planner Department of Community Development City of Tukwila Type 4 Permit 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 .Jinn 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) 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 LI2 -005 PL12- 004\L12 -005 L08 -079 PL12 -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 Townhomes\Major Modification_ L12- 005_PL12- 004 \L12 -005 L08- 079_PL12- 004_Osterly Major Modification SR.doc Phase I (dashed area) JR Page 3 of 18 03/15/2012 H:\ DesignReview\ OsterlyTownhomes \MajorModification L12 -005 PL12- 004 \L12 -005 L08 -079 PL12 -004 Osterly Major Modification SR.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 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_13L12-004 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_ L12- 005_PLI2- 004\ L12- 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:// w■ ila .wa.us /dcd /dcdplan.htnnl. 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 L12- 005_PL12- 004\ L12- 005_L08- 079_PL12- 004_0sterly 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://v vvv \w. tukwi1awa . Llov /dcd /dedplan.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 \Osterly Townhomes \Major Modification_L12 -005 PL12- 004\L 12- 005_L08- 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. IL 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\ 1- 12- 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:1Design Review \Osterly Townhomes\Major Modification L12- 005_ PL12 - 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 1 0-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 Townhomes\Major Modification_L12- 005_ PL12 - 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_PL12- 004 \L12- 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 Modification_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 fmal 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 Townhomes\Major Modification_L12- 005_PL12- 004\ L12- 005_L08- 079_PL12- 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, 639111 -0000, 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 PL12- 004\L 12- 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. S. 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: \Desien Review \Osterly Townhomes \Major Modification_L12- 005_PL12- 004\ L12- 005_L08- 079_PL12- 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_L12- 005 _PL12- 004\L12- 005_L08- 079_PL12 -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\.12- 005_L08- 079_PL 12- 004_Osterly Major Modification SR.doc 49 CITY OF TUKWILA FILE NO. L14 -0066 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwlla, 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 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 .P--61.1?- DAY OF fC13 , 144TH S 0 PARTNERS, LLC, A NEW MEXICO LIMITED LIABLILTY COMPANY ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF Korn 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_ S , � came � y NOTARY I '9�. PUBLIC x02: ,w .tWASN,;;." SIGNATURE PUBLIC 4,1:067"44)''S NOTARY PUBLIC PRINTED NAME \, AOC1(SUGII A DATED O2--oS -20V0 MY APPOINTMENT EXPIRES 1'1q 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 20j _ FILED FOR RECORD THIS _DAY OF 20 AT M. IN BOOK OF AT PAGE AT THE REQUEST OF MGR 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 _ ,�71__DAY�DE W t/Ai , 2016_ DIRECTOR DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed and approved by the DIRECTOR OF COMMUNITY DEVELOPMENT and hereby certified for filing // thi" day of j , 2DI ' DIRECT0 r COM UNITY 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 M1 1'7+h�' j DAY OF frbrvACL 2011a_ FINAJN Q RECTOR CQR 7 J MAYOR AND CLERK'S APPROVAL EXAMINED AND APPROVED THIS_ OF 20 MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY TREASURER'S CER11RCATE 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 FDR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FDR 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 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; 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; 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. 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 plot 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 n later date, have been set and lot corners staked on the ground as depicted - th •lat / AVE PROFESSIONAL AND SURVEYOR CERTIFICATE N0.23604 Hlnos 3AV H1t SOUTH 14411-i STREET SITE SOUTH 146TH STREET VICINITY NOT TO SCALE SHEET 1 OF 4 SCHROETEROLAND 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 Attachment C 01 N 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 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 RECORDING N0: VOL /PAGE 3.5' conveyed to the City of Tukwila Rec. #20050518000267 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 Road Rec. #6060692. 2430.54' (m) 30 30' 34th Avenue South N87'35'33" W (c) N8T35'52 "W (m) South 744th Street North end 4' chain link fence is 0.3' north & 0.9' east of set rebar w /cap N01'09'52"E In 6.50' N N 587'35'33 "E 65.15 0.01' 21.93'; 13.2 I LOT I ILOT New Private 5' 1 s cii idewalk easement (D) BSBL PUGEI SOUND ENERGY EASEMENT REC. - 1,,i NO. 20150129001483 IS OVER, UNDER, m v Im N i0 iv • C ALONG, ACROSS AND THROUGH THE EAST N iv) m ^ t ~ 65.15 FEET OF LOT 4. CENTERLINE o o i DESCRIBED AS AS CONSTURCTED" 10 0 0 - ^ Z z • Ie New Private 24' _ _ �q driveway easement (A) _y 'W - � N -881i°0'22';-.X.-21.92.--1: �0 I 2 LOTS, j 6. "' -2o 15 cN ° o ,e p ^J W O •- N 1„ -s.Q 0 mI N z 2_ a' 3 ti 2 m . �o 3 e1 V _ �o alve 01 00-� Inr,i f f .15 T 0 27100' c)"2--24 .92' t- r-I I l i 51.92' I 10' NEW PRIVATE SANITARY�� '50'22 "E T o I I SEWER EASEMENT REC. N 1..5_8_8 __20150924001085 N N O ` n 0°' S87'35'33 "E 16.79! W ti L . - REBAR W /CAP SET 5/15/14 (TYP) 3 51.94 S87'33'54 "E TRACT 8: TEMPORARY RECREATION TRACT Private Ingress, egress and Utilities Easement Rec. No. 20131001001350 N l0 O O yS87'33' 30 01' Seattle City Light Easement Rec. No. 20110420000543 L. 10 Drainage Easement per KC Rec. No. 6319966 0 (A LOT S88. 1 X25 L1 '22 "E _LOT I 8 } I N N 0 a) I o O rn 0) 0• ° ml 1n o ,ii .00' -5885-10a; S88S0'22 • "26 1 E a 120.00 I (2) Temp.- parking spaces N II J� LOT 9 PHASE 2 1 r) 3 n O 5 � I Water Line Easement Rec. No. 20151007001218 1 N Water Line Easement Rec. No. 20151007001218 EW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 60.00' EXCEPTION 5 LWater Line Easement Rec. No. 201510070012181 New Private 24' driveway easement (B)1 NEW 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 10' Temporary Landscape Easement ROU ° ,ZffC=D 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 0 15 30 60 120 ( IN FEET ) 1 inch = 30 ft •• 0 LEGEND Concrete Monument in Case Monument no case Tack in Lead or Nail & Disk - - • - Old Lot Lines. Set rebar w /cap #23604 Easement Lines Found pipe or rebar Boundary Lines 68.75' N87'49'57 'W (P) Plat bearing or distance (c) calculated bearing or distance 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 S0R FEET WIDTHS FROM 21.92 FEET TO LOT AND TRACT AREAS TRACT A = 4,621 sf ± or 0.11 acres RECREATION TRACT LOT 1 = 2,252 sf LOT 2 = 1,634 sf LOT 3 = 1,466 sf LOT 4= 1,990 sf LOT 5 = 1,677 sf LOT 6 = 1,283 sf LOT 7 = 1,242 sf LOT 8 = 1,614 sf LOT 9 = 12,017 sf B (TEMP) = 1,341 sf ± or 0.03 acres or 0.05 acres or 0.04 acres or 0.03 acres or 0.05 acres or 0.04 acres or 0.03 acres or 0.03 acres or 0.04 acres 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. S. 14407 34 Ln. S. 14406 34 Ln. S. 14408 34 Ln. S. 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 748th Street SHEET 2 OF 4 SCHROETEROLAND 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 O • N 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) 431-3665 LOT 1 LOT 2 N88'50'22 "W 41193_ 41 93' S88'50'22 "E LOT 5 LOT 6 DETAIL DRIVEWAY EASEMENT A SCALE 1" = 30' NORTH 3 N N Ncn m• 0 _1 °o LOT N La -0 o zN 588'50'22 "E 25.93_ -.s0 amo o r-� 293 ?`n ° N88'50'22 "W 0 LOT 8 w0 roN 0 0 z uTn rn� o,a •■.n LOT 3 LOT 4 `� - S88'50'22 "E . 41.93' - I'm p O ra N N •- 41.9`3' �o N88'5 22"W v) LOT 7 LOT 8 DETAIL DRIVEWAY EASEMENT B SCALE 1" = 30' DETAIL SIDEWALK EASEMENT B NOT TO SCALE NORTH 587'35'32 "E 5.00' LOT N87'35'32 "W 19.43' IO N In N88'5 022 "W DETAIL SIDEWALK EASEMENT D NOT TO SCALE LOT 2 NORTH NORTH City of Tukwila Plat of Osterly Park Townhomes (PHASE ONE) RECORDING N0: VOL /PAGE 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 LOT 5 N 'n rn Pb 00 �n LOT 6 N88'50'22 "W 24.92' S87'35'33 "E 5.00' DETAIL SIDEWALK EASEMENT A NOT TO SCALE NORTH 24.92' '' S88'50'22 "E N 87'35' 33 "W ro (I ')----• 3 27.50' ro Pd Im 0 `n m 0 N O Zl.� 1) 5 5.0' N88'50'202 "W LOT 3 DETAIL SIDEWALK EASEMENT C NOT TO SCALE N O 0 O 0 t LOT 4 NORTH LOT 7 LOT 8 N87'33'54 "W 81_95' LIN 81.95' — — S87'33'54"E LOT 9 DETAIL LANDSCAPE EASEMENT NOT TO SCALE NORTH 0 oo a' z LOT O 2 4 LOT 6 r<i w 16.79 feet of Lot 5 o'0 z 0, O r J O O) N co a) r1n � DETAIL: Waterline Easement Rec. No. 20151007001218 (portion of Lots 4 and 5, Block 2, Adams Home Tracts, V11/31.) —North 10 feet of Lot 5 5 LOT 7 — s— NORTH NOT TO SCALE %iii %�i%i South 744th Street N I 0 3.50' 887'35'33 "E V.1 New Private 5' LOTp LOT sidewalk easement (D) SEE DETAIL "SIDEWALK 2 New Private 24' driveway easement (A) for the benefit Townhomes 1, 2, 5 and 6 SEE DETAIL "DRIVEWAY A" 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001085 New Private 5' sidewalk - easement (A) for the benefit of Townhomes 5 and 6 SEE DETAIL "SIDEWALK A" of • LOT 5 "1 3.21 -N01'09'52 "E 6.50' S87'35'33 "E 9' Nm 1- OP 10 New Private 5' sidewalk easement (C) SEE DETAIL "SIDEWALK C" O i 10' LOT' 4 LOT 8 i TRACT B: 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 -30 N87': 268.09' Seattle City Light Easement Rec. No. 20110420000543 288.73' — — — — — — S87'33'11 "E NEW PRIVATE 5' SIDEWALK EASEMENT 111111 111111 NEW TEMPORARY LANDSCAPE EASEMENT TRACT B TEMPORARY RECREATION NEW PRIVATE DRIVEWAY EASEMENT 10 Drainage Easement per KC Rec. No. 6319966 3'54 "W f —_I LOT 9 10' NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 New Private 24' driveway easement (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, Adams Home Tracts, V11/31 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" NEW PRIVATE SANITARY SEWER EASEMENT REC. #20150924001086 _iIIIIIIIIIIIIIIIIIIIhh NORTH GRAPHIC SCALE 15 30 60 120 (IN S') 1 inch = 30 ft. SHEET 3 OF 4 SCHROETEROLAND 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 Southcenter Boulevard, Tukwila, WA 98188 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, 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 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 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 6, 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 NE 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 8733'54" 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 RECORDING NO. VOL/PAGE 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 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, 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 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 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 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 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. 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 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 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 8T35'33" 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 8T35'33" 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. SHEET 4 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PA. Box 813, Senhurst, 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 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: Grantee: 144th St REO Partners, LLC and /or Julia Overbeck 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 I 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 Townhonzes 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 19 8.1. ASSOCIATION INSURANCE 8.2. PAYMENT AND ENDORSEMENTS 8.3. OWNER'S INSURANCE 8.4. RECONSTRUCTION •• ARTICLE 9EASEMENTS 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 1 l 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, 8] 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 IS 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 e i ght (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 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 l44th 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 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 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 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 pages 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 Tess than 1 0% 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 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. Octarhp Park TrnvrahnmPC I?Prinratinn Page 7 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 Tess 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 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 Townhomes Declaration Page1 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 Osterly Park Townhomes Declaration page II 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 Overly 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. Overly 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 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 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 lien 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 Townhomes 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 Overly 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, hom, 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 Overly 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 Townhoines 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 a p p l i c a b l e 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 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 [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 Toi+'nhomes 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 s o without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagees) 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 Townhoines 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. 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 Townhonzes 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 Townhomes Declaration page 31 93 EXECUTED as of the day and year first set forth above. DECLARANT: 144th Street REO Partners, LLC, STATE OF WASHINGTON 1. 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 Osterly Park Townhornes Declaration Exhibit A 95 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) 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 Townhomes Declaration 98 EXHIBIT C DESCRIPTION OF VEHICULAR ACCESS (Lots [1], [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 Townhoines 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 Distance: 30.007 Course: S 01 -09 -52 W Distance: 74.757 Course: N 88 -50 -22 W Distance: 30.000 Course: N 01 -09 -52 E Distance: 75.411 Perimeter: 210.175 Area: 2252.418 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 Distance: 21.930 Course: S 01 -09 -52 W Distance: 74.280 Course: N 88 -50 -22 W Distance: 21.925 Course: N 01 -09 -52 E Distance: 74.757 Perimeter: 192.892 Area: 1633.807 0.038 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0004 Course: N 26 -58 -05 E Precision 1:514549.13 Figure Name: LOT 3 Course: S 87 -35 -33 E Distance: 21.929 Course: S 01 -09 -38 W Distance: 66.648 Course: N 88 -50 -22 W Distance: 21.928 Course: N 01 -09 -52 E Distance: 67.125 Perimeter: 177.630 Area: 1466.436 0.034 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0004 Course: N 58 -50 -22 W Precision 1: 423769.38 102 PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: LOT 4 Course: S 87 -35 -33 E Distance: 30.007 Course: S 01 -09 -38 W Distance: 66.016 Course: N 88 -50 -22 W Distance: 30.000 Course: N 01 -09 -38 E Distance: 66.648 Perimeter: 192.671 Area: 1989.958 0.046 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0006 Course: N 09 -59 -55 E Precision 1: 298779.52 Figure Name: LOT 5 Course: S 88 -50 -22 E Distance: 30.000 Course: S 01-09-52 W Distance: 46.000 Course: N 88 -50 -22 W Distance: 3.000 Course: S 01 -09 -52 W Distance: 11.000 Course: N 88 -50 -22 W Distance: 27.000 Course: N 01 -09 -52 E Distance: 57.000 Perimeter: 174.000 Area: 1677.000 0.038 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0000 Course: S 00 -00 -00 W 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 Distance: 21.925 Distance: 57.000 Distance: 24.925 Distance: 11.000 Distance: 3.000 Distance: 46.000 0.029 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0000 Course: N 00 -00 -00 E Precision 1: 163850000.00 103 PROJECT: 07181 PLAT OF OSTERLY PARK TOWNHOMES CITY OF TUKWILA Figure Name: LOT 7 Course: S 88 -50 -22 E Distance: 21.928 Course: S 01 -09 -38 W Distance: 46.000 Course: S 88 -50 -22 E Distance: 4.000 Course: S 01 -09 -38 W Distance: 9.000 Course: N 88 -50 -22 W Distance: 25.932 Course: N 01 -09 -52 E Distance: 55.000 Perimeter: 161.860 Area: 1242.139 0.029 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0003 Course: S 88 -52 -00 E Precision 1: 606365.55 Figure Name: LOT 8 Course: S 88 -48 -02 E Distance: 30.000 Course: S 01 -09 -38 W Distance: 54.980 Course: N 88 -50 -22 W Distance: 26.000 Course: N 01 -09 -38 E Distance: 9.000 Course: N 88 -50 -22 W Distance: 4.000 Course: N 01 -09 -38 E Distance: 46.000 Perimeter: 169.980 Area: 1613.695 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 Distance: 51.932 Course: S 01 -09 -38 W Distance: 182.515 Course: N 87 -49 -57 W Distance: 68.745 Course: N 01 -09 -52 E Distance: 152.611 Course: S 87 -33 -54 E Distance: 16.795 Course: N 01 -09 -52 E Distance: 29.069 Perimeter: 501.667 Area: 12017.484 0.276 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.0009 Course: N 59 -20 -38 W Precision 1:550728.45 104 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: 25.246 105 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 CITY OF TUKWILA FILE NO. L14 -0066 CIty of Tukwila Department of Community Oevekrpreenl 0300 Southcenter Boulevard, Tukwila, WA 66108 Telephone 1206) 471-3070 FAX (208) 4314805 6 -mob: tukplanEQtukwlla.wa.ua Found 2' brass disk w/"X" in concrete in case - 11/11/07 30' o 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 144th Street North Tend 4' chain link fence Is 0.3' north h 0.9' east of set rebor w/cop Set concrete monument in cose on the northerly projection of the centerline of Tract A with the centerline of S. 144th St. - 7/15 110' Exception for Rood Rec. #6060692. N01'09'52 -E 66.94' 550' _ 587'35'33 "E1.9;g1-- 65.15'- 0 '30.01 _ "21 93' =�, I 1 N 58TSS'33'E.... ° r 16.79'r' -}.93' jQ 60.00' LOT LOT I FLOT �tL8'P '' : EXCEPTION -7 2430.54' (m) Found brass pin w /punch mork in concrete in core - 11 /11/07 1748.47 1358L 2 a.l WL5_ 3 4 � ;`' ) OS I9 I N BSt m nr lQ)� _ Jha] m C r✓ • �MO '"> o o r I z N P "> o V Iz New Private 2F ° ° Z v> �O driveway easement (A) 1 (° N L SO 22 E y ! w n I 588 50 22 E .S 1 REBAR W /CAP SET ?> 5/15/14 (TYP) � :7 �- 1 i30 588' _ driveway easement (0) . DO' 1.9 ofih -,t 21Z.n -• ,. 1 -O '° Ih 3000 v _ )u I?O� . ¢r I_LOTLST 1 1 S LOT Lnr ' - X 09 7 W 0 1 �e'�r3 'r>rr1 -urv4 z L:/..6_2.c. v O1 ,4,1::4' n^ !..1-E,8.-.1!.,11 SEWER EASEMENT REC. o .°n ° o ,� rm2° ° o aI IP I o o sr+a ° +�-- "-I v°> �a v-°i rgZMI 10' 8S81. '2700'OZ�j 24.92'1r 3 1 .25,93'...:1 26. _b I _J om 1 51.92' �IZfi�jI� _$1.93. j __. 6 5022 E -- M 'i to 16 GRAPHIC SCALE NEW PRIVATE SANITARY SEWER EASEMENT RECI l4ew Private 24' I L 1(o) Basis of Bearing oI 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 (901H5 FROM 2192 FEET � o I o °�N n Jc c , 00 b5 � m° TO 30.01 FEET ^" 5 w o a a� n "El, n via' 33'3 1O --410.---10' NEW PRIVATE SANITARY n - n 588 50 23 E 10' NEW PRIVATE SANITARY SEWER 5 EASEMENT REC. d I - -1- _(, .- __ ( I ,l -,Fri I _.. 30101 _I _I_ 2 587.33'54' - r2b.I00 1 3 v PHASE 2 ( 16 FE'Cr) 1 Inch 30 ft. X 0 TRACT B: TEMPORARY RECREATION TRACT Private Ingress, egress and Utilities Easement Rec, No. 20131001001350 Seattle 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 Noll k Disk Set rebor w /cap #23604 Found pipe or rebor Boundary Lines (2) Temp: parking spaces vnl N ___II 1 LOT 1 N A � Q N J 9 N87'49'S7 "W 0 Set 2"x2" hub w /tack (6) Plat bearing or distance (c) calculated beoring or distance Old Lot Lines - - - Easement Lines GP Guest Parking 0 Temporoy Landscape Easement _L LOT AND TRACT AREAS TRACT A e 4,621 sf D ar 0.11 cares t RECREATION TRACT B (TEMP) 1,341 sf 6 or LOT 1 = 2,252 sf ± or 0.05 acres ± LOT 2 = 1,634 sf ± or 004 acres f LOT 3 = 1.466 sf ± or 0.03 acres 6 LOT 4 = 1,990 sf 3 or 0.05 acres ± LOT 5 = 1,677 sf ± or 0.04 acres t LOT 6 = 1,283 51 6 or 0.03 acres t LOT 7 = 1.242 sf t or 0.03 acres ± LOT 8 = 1,614 sf t or 0.04 acres ± LOT 9 = 12,017 sf ± or 0.28 acres 6 SURVEY NOTES 0.03 acres ± 1. Field data for this survey was obtained by direct Field measurements. Angular and linear relationships were measured with o six second theodolite and electronic meosuring 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, V01. 47. PAGES 91 70 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 3 OF 4 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS 06. Box 813. Seehurst, VeeNnpton 98062 (2a6> 242-6421 600 1206243 -9679 DATE: 9/16/09 JOB NO. 530/4 PROJECT N0. 07161 ORWN BY LAW FIELD DATE 11/11/07 REV1565 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, 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 WASHINGTON; PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, 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 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) 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 ACKNOWLEDGMENTS Julia D. Overbeck STATE OF WASHINGTON COUNTY OF I CERTIFY TFIAT 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 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 RECORDER'S CERTIFICATE FILED FOR RECORD THIS _DAY OF 20 A7' .N. IN BOO& OF AT PACE AT THE REQUEST OF NCR 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 SOUTH THE PRELIMINARY PLAT APPROVAL THE SUB DIVIDER HAS EXECUTED BOND AGREEMENTS IN ACCORDANCE WITH TMC 17.024.030 TO ASSURE COMPLETION OF REMAINING REWIRED IMPROVEMENT'S AND CONSTRUCTION PLANS. PUBLIC WORKS DIRECTOR CITY OF TUKWLA TE 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 KINQ COt 1NTY T1 ASL* E T8 CEiITFcATE 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 IMO COUNTY DEPARTMENT OF ASSESSIesiTS EXAMINED AND APPROVED THIS — DAY OF 20_ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 1040000088 and 0040000094 SITE J SOUTH 144TH STREET ''-Y-SOUTH 146T11 STREET *`I VICINITY d` NOT TO SCALE 1. TRACT -A- RECORDED UNDER RING 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 ANO 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 RESPONSIBIUTY OF WHICH SHALL RUN WITH THE LAND AND BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST 10 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 1S COMPLETED 9•11 THAT 1 HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 00000 SURVEY NOTES 1. Field data for thls survey was obtained by direct Field measurements. Angulor 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 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 PL. BoK 813, Seahurst, Vashkgton 98062 (206) 242 -6621 FAX (206)243 -9679 GATE: 9/16/09 JOB N0. 530/4 PROJECT NO. 07181 FIELD DATE 11/1T/07 3RWN BY LAW REVISED 3711/15 i Found 2' brass disk wfx' in concrete In cost - 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 Clly of TukoOo Rec. /20050518000267 South 144th Street ti0' Exception for Rood 187'35'33' W (c) 2087'35'52 "W m 2430.54' (m) ( ) Rec. 16060692. 1 or O1'Q9'S2'E � o n • S87'35'1J f 601'09'52-E , - - 65.15'- - -_ _ o 1 30.01 '2193'3.21 / LOT LOT r 21.93 .1 30.01 r - -r - Norlh end 4' chain link J I , X30.00''- - I fence Is 0.3' north & 0,9' _W�L 2 rn LOT east 01 set rebor w /cap v W 3y9 LOT le le, '^^ - 10* o P^ P" ^ -'�n mPg i i g ^e P� 19. Ir I -V NOW Private 24� :L_ - - -- r�. Z y1�� O0 1 driveway easement (3) I V - - w Private 24' 130.00' 21,92' 21 93'8. ,.30 �E I driveway easement (x) GRAPHIC SCALE Of A LOTS _LOT c LOT LOT I N W 3 I15 9I W6 qir 7 rv8 -11 I -C• $-� W P N r' E ;et.,- vry o n8 o- --168 -10' NEW PRIVATE SANITARY w fs 1 as vim z ,7°i °+ a ,", u . v'ni mg m6 SEWER EASEMENT REC. P oI ms f +� s N; Io / s sY s I � n. - 10' y 27,00'z 1. =7 74 92' 1, e oTS 93' 26,D0' I 51.92 \y w -51.J3 I. 10' NEW PRIVATE SANITARY SEWER i n ,��¢8'50 22'E 'fo `r o 22'6 in EASEMENT REC. / 20 1 I m 1 I -1- - .- _ N 587' 3'54' - Y i I wse rr' S8 ' 3'54'E - 16.79 3 o 3 TRACT D: I ,. n . 2 TEMPORARY (2) Temp RECREATION parking spaces 1 P TRACT 7;I I LOT I on I } H s 1" I or, ut e ( 111 FIIZT ) I loth - 30 0. � I 1 PHASE 2 N 1 1 1 1 1 1 - - - - -1 I N87'49'57 'W LEGEND ® Concrete Monument in Cose 0 Set 2�o2' hub w /lock '�" Monument no 9030 (P) Plot bearing or distance X Took In Lead or Noi5 & Disk (c) cotcutoled booting or distance O Set mbar w /cap #23604 - - - Old Lot Lines • Found pipe or robot - - - Easement Lines Boundary Lines CP Cuesl Parking Found brass On w /punch mark 0 concrete In case - 11/11/07 1748.47 6 R (o) Basis of Bearing of this survey ore monuments found 04 the Intersection of 42nd Ave. South /South 144th Street and 42nd Ave. South /South 148th Street. LOT AND TRACT AREAS TRACT A e 4.672 sit or 0.11 ones t RECREATION TRACT 0 w 1.341 of * or 0.03 acres t LOT 16 - 1,242 ni * or 0.03 acres t LOT 17 1.614 sf * or 0.04 acres t LOT 18 - 1,466 sf ± or 0.03 ocres t LOT 19 a 1.990 .1 * or 0.05 acres t LOT 20 a 2.252 sf ± or 0.05 area * LOT 21 a 1.634 et t or 0.04 ocres * LOT 22 a 1,677 el * or 0.04 acre. t LOT 23 a 1,283 el t a 0.03 ocres f LOT 24 - 1.610 sf 8 or 0.04 acres * LOT 100 •• 12.017 s1 ± or 0.28 °ores t LOT WIDTHS LOTS RANGE 84 W1TOHS FROM 21.92 FEET TO 30.01 FEET Found 2' brass disk w /punch mock In Control° In case - 11/11/07 South 148Th Street SHEET 2 OF 3 SCHROETEROLAND SURVEYING PROFESSIONAL LAND SURVEYORS PO. lee 013, Seeh rot, Vsslwgton 90062 42061 200.6621 I" AX 42061243 -9679 DATE: 9/16/09 1 PROJECT N0, 07181 IORWN 81 LAW 309 N0. 530 4 -1 FIELD -DA1f 11/11/07 1 REI4SED 03 /11 /15-1, 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 South 144th Street '— r r.sconcre a paSW SCL wool( curb u concrete walk awl won Existing F e hydrants. 04 .-10' Exception for Road ry 0 o trtb cut rr North end 4' chain link fence Is 0.3' north & 0.9' eosl of set rebor w /cap y wood fence 0.9' 65 N87'35'J5 2 "W I -81735 fre%%. i—painted sewer line (green) 0) orpor east edge concrete O C 1.3'— N O R T H GRAPHIC SCALE . s w wood deck 0040000088 r- TL IT; - N67'SJ'S4'W �n'� 65.15�'S 9w Ti 0040000094 --Lot Line to be Removed Found old cis standing 'voter down 5 (no outlet found) ,,-wood fence & Cl. swore n set 7x7' w /lock- r .--sel rebor w /top 2.00' 4 olfsel west 00 a 0) Existing Building 7 "Evlsiing Witting / / �choln link fence I3 (a 1TLT) east of line 1 1peh - 30 IL LEGEND ® Concrete Monument in Cosa M Tack in Lead or Nail & Disk O Set ,-char w /cop 123604 • Found pipe or mbar D4 Hydronl ropy, Power pole fgt Deciduous tree wonp 0 Evergreen Tree o--g Catch eosin Cos Vol.. Water Valve sewer manhole storm drain manhole water meter power pole or/light 68.75' N87'49.5rW (c) New Private 24' driveway easement (J) for the benarl of Townhomes 20. 21. 22 and 23 DETAIL: EASEMENT LOCATIONS SLOT 1-- 1 10' NEW PRIVATE SANITARY- - SEWER EASEMENT I New Private 5' sidewalk- easement (9) for the benefit of Townhomes 22 and 23 • ILOT LOT 6 Lz z r 2492' I 1RACI 0: TEMPORATY RECREARON TRACT South /44th Street 1p St_ — --- •8 c LOT 719-27 4193 2 l7 CC Ll) — U E ca Wti Cr to LU 2 Qti 2 ts GRAPHIC SCALE w w LOT LOT 3 4 1 I I N YI LOT I 1 7 LOT' 8 _25.93' 1 (2) Temp FF parking spates.4 uS'2 ao° 4tvi1 LOT I 100 rw ( fir ►QT) 1 Inch - 30 IL New Private 24' drlvewoy easement (1) for the benefit of Townhomes 16, 17. 113 and 19 —10' NEW PRIVATE SANITARY SEWER EASEMENT SHEET 3 OF 3 SCHROETERIeLAND SURVEYING PROFESSIONAL (AND SURVEYORS PD. 10. 913• Senhr.t• W.ehYpton 90052 1206) 242 -6621 r.0 (n5)243 -9579 DATE: 9/16/09 J00 NO. 530/4 PROJECT N0. 071131 Fat) DAIS 11/11/07 DAWN BY LAW 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 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 Lovett 6920 NE 42nd Ave. Portland, OR 97218 503.737.8423 113 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. See the map below which identifies the location of the 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 attached StormTech Manual which is included as an Exhibit to this document and incorporated herein by reference. The Step by Step Maintenance Procedures include the following: 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 114 Step 2) 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. 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 t 116 Storm Tech clean out for inspection I 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) MANHOLE WITH OVERFLOW WEIR ECCENTRIC HEADER OPTIONAL ACCESS OPTIONAL PRE - TREATMENT STORMTECH ISOLATOR ROW i /�= , /�•f�•, �, / =i %i \ \ / /,\%L vv7.e:: l STORMTECH CHAMBERS 2 Call StormTech at 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 117 rr 1J 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 m,q 0 PVC TYP.) CATCH BASIN OR MANHOLE 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 geotextfle (as specified by StormTech) over their angular base stone. CAPER ENTIRE NOW WON ADS 6017 NONWOVEN GEOTEXT1LE (OR EOUAL) 6G340 • r (2.4 m) VIDE STRIP 50-310 L 30-3103 - 6(1.671) WIDE STRIP 7 IL ri 1AIA ►IAIA1111AIA�! 1111111,Jr 1. 1 1 i1: Mr SUMP 0EP11-1 rY ESIGN ENGIN 60.740.00-760. LC -3600 5 401500 24.1503 mm0 PIPE 50-310 L 60310 -3 - it (300 men) PIPE CHAMBER (SC -740 SHOWN) STORMTECH ENO LAP (SC -740 SHOWN) 2 LAYERS OF A03 316 WOVEN GEOTES'i1LE (00 EQUAL) BETWEEN STONE SASE AND G11AM6ERS 404600 -10 2 (3.1 m) WIDE SIRE, LAOS 316WR4) M03500 -5 25 (7-6 m) WOE STRIP (ADS 316WT4) 3•740 S 00.760.5 (1.0 m) %MOE STRIP (ADS 316WTN) SC-310 / 50-31103 -4• (12 m) WIDE S0R1P (M3 31 WOO 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. 3 118 of 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 Hi. 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 170' t StormTech Isolator Row (not to scale) 1) B) 2 - 1) A) EMI i lililil it ail ail l tit Sample Maintenance Log 3/15/01 6.3 ft. none New installation. Fixed point is CI frame at grade 9/24/01 6.2 O.1 ft. Some grit fett 6120/03 5.3 0.5 ft. Mucky feel, debris visible in manhole and in Isolator row, maintenance due 717103 6.3 ft. 0 System jetted and vacuumed StormTech° Detention • Retention • Water Quality A division of ffilTIWZDS UMW— 70 Inwood Road, Suite 3 Rocky Hill Connecticut 06067 860.529.8188 888.892.2694 fax 866.328.8401 www.stormlech.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 sm ry djm 119 A 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 53.17.060. [1974 ex.s. C 134 § 1; 1969 ex.s. C 2714 3.l 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 58.a7.o20, 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 4.2.1C, RCW. [1987 c 104 g 2.] (3) (1) This subdivision has been reviewed for consistency with the Tukwila subdivision regulations contained in TMC Chapter 17.14. (2) 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. (3) 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 § 71 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 less 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 of the boundary of the proposed applications are subdivision. If the owner of the 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. of the 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 Soo 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.] 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 168 § 12.] identify this property. project in notice materials. 124 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.100 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. (a) 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.oz.ogo 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. [1995 c 32 § 3; 1990 ist ex.s. c 17 § 52; 1989 c 33o § 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;i6 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 271412.] 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 I 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. prior to 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,8.17.ogs(3): PROVIDED, That if an environmental impact statement is required as provided in RCW 4- .21C.o3o, 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 9_o. ,8 RCW and the date of preliminary plat approval is on or before December31, 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. [ 2013016 §1; 2012092 §1; 2010079 §1;1995068 §1;19860233 §2; 1983 C 121 3; 19810293 §7; 1974ex .s.C134 §8;1969ex.s.C271 §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 58.17.150 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 ,8.17.14o, 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; 1981c293§8; 1969ex.s.C271 §151 (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 58.2L, oz,o. (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 §3.; 1969 ex.s. C 271416.] (i) Met — see Public Works Director's Certificate on Sheet iof4. Additionally, written approval of Phase 1 final subdivision approval has been received from Valley View Sewer District and Water District #125. (2) Met (3) Met (4) 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 2714 30.] Met —There is no dedication involved. 131 Consistency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.1.70 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 lots 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 of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015. (b) Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period often years from the date of filing if the project is not subject to requirements adopted under chapter qo. RCW and the date of filing is on or before December31, 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 58.17.1.50 (1) and (3) for a period of seven years after final plat approval if the 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 8.17.150 (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. [2013C16 §2; 2012092 §2; 2010079 §2;19810293 §10;1969ex.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. e;.oL4o, 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 ofa 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, lots 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 clearly shown on the short plat or final plat at the time of approval. [1993 C 486 § 1; 1969 ex.s. C 271 § 29.] Met — Lot numbers and their associated addresses are shown on Sheet 2 of 4 133 1 f i 34 Department of Community Development Feb 22, 2016 Phase 1 erly Park Townhomes . Avsnue South & South t4 -0'^ Street Tukwila, Washington Osterly Park Townhomes Public Hearing Final Plat Phase 1 Presentation Overview • Review Process • Background Information Site and Project • Preliminary Plat Approval by Board of Arch itectu ra I Review • Final Plat Approval by City Council Department of Community Development Osterly 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 Osterly Park Townhomes Public Hearing - Feb 22, 2016 Project Location • Cascade View Neighborhood • Zoning: High- Density Residential Department of Community Development Oster ly Park Townhomes Public Hearing - Feb 22, 2016 Surrounding Development Rif M 1 Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Existing Development p i I' #01111111111 fi 0 fr. _ L . .- 1 1 i ....- ,-.---- 47- leitallW'difird Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Phasing Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Phase 1 5.50 S5715'4,3% '55,15 1F6 • 9 Lots with 8 Unit Tots. • Tract A — Access and Utilities • Tract B — Phase I Recreation Area • Easements • Codes, Covenants, & Restrictions include maintenance of common areas i JLOT 9 1 68,75 N57649.57'W F Water Una Easement R. No. 20151007004218 New Private :5' NOdwalk easement (0) ter cme Easement No. 2015i0E1M 214 PRIVATE 'SANITARY SEWER EASEMENT REC. /201509-24001086 60.00' E1 CEP 11d7N New Private 24 driveway eawwww it (A) 'ROAR WfC.AP SET 5/:8/14 (1VP) PRIVATE SANITARY EASEMENT REC. k24.011.018.5 1 5 ate= Line Etuement Rs ho. 20151041700 218 I ear PrINate 24' driveway easement (B)1 E'M 10' NEW PRIVATE SANITARY SERER EA- MEMENT REt - 01150la24O01080 TRACT B; TEMPORARY REjREA11QN TRACT 59/3j S4`E 1 (2) ern- e R In' spaces W r Ys I Pr1v to le9r+a+, mgress and Utilities Easement R. Na. - 201 31 001 0Y01350 Seafte City Light Epranwett Re1,t. No. 20110420000543 1q' Temporary Loarrlseepe Eavement � - 10 Draogs Easement par I im RC Rps, No, lm3191a0 LEGEND Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Phase 1 Phase 1 Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Building Design oigilliii 1111r4llrl�� Ill Ttl Ott Tql I1 1111. IllF11ljllu IIIIIIIII • lil IIH 1[I IBI IL OM liil l , f [fit : ,; 1 iii !i Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 IX Fi Iri JLj MI III 11 III rri�?' ;'II ill -.. III I�Iw1� -- • ! d ■ Y�1 II�1 WRf�iY El lElal A1, -•;v 1L !rk_. tiori lit li rls --�- -i MIN r—r- :�• rirlle ."III.." . reset s' tT� �� XXXXXXXI �rr�rR r.rrtr .- - Wow ' r� !t ,t � 1twrc Ni , ti x '%9.irt't7" a i tUl'tmh1i 11i ,, p'� Iaillii iiltfl, Irwe 11- 1 I Lailr:! ar�i riu e i I . 1 ■�F M.i1FF i y� ...,:'..E, �wrr�rtrr : u ,ww� llrr<. ■rrrra # _____ trarrrw+ ii �nr�F 9 _ ■i�ir Ei� 1Ilii lh,I_ ._ wrir �• ID I1iriIiiiuiit11iII' Department of Commu nity Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 Department of Community Development Osterly Park Townhomes Public Hearing - Feb 22, 2016 .ar . y Park 'frmiihjiiIE.S 7nt..NA-Eu70 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 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 Osterly 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