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HomeMy WebLinkAboutReg 2019-11-04 Item 6 - Quasi-Judicial Hearing - Final Subdivision Application for Osterly Park Townhomes Phase IICOUNCIL A G KNDA SYNOPSIS ------------------------ ---------Initials 71eetrng Date Prepared by i\4ayor'± revien' council rn'iew 11/04/19 JR'`tj ITEM INFORMATION ITEM NO. 6& 7.A. STAFF SPONsoR:.JAIMIE REAVIS ORIGINAL AGENDA DATE: 11/04/1'9 AGENDA ITLM TrEI,I,. Osterly Park Townwhomes Phase 2 Final Subdivision Approval. IC C;ORY [ Di.rc'usrion Mtg Date /1 Motion Date 11/04/19 E Resolution Mtg Date E Ordinance Mtg .Date ❑ Bid Award A1tg Date R/ Public Hearing E Other Mtg Date Pgtg Mtg Date 11/04/19 SPONSOR ❑Council Qtllayor ❑FIR II DC1D ❑Finance Fire ❑TS MIP&R 11PolIce ❑PW Court SPONSOR'S Request for final plat approval for Phase 2 of the Osterly Park Townhomes Plat. The SuM \IARY applicant is planning to build 15 townhomes, to complete the 23-unit townhome development. A third story addition to an existing building, to add two dwelling units, is also proposed to be constructed on one of the lots in Phase 2. The City Council shall hold a hearing for Phase 2 of the project and subsequently make a decision on Phase 2. REVIEWED BY ❑ C.OAV. Mtg. /1 CDN Comm ❑ Finance Comm. E Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: QUINN ❑ Arts Comm. Trans &Infrastructure Parks DATE: 9/24/19 COMMI1'1EE RECOMMENDATIONS: SPONSOR/ADMIN. CONIM1YFJ Department of Community Development E Unanimous Approval with Conditions from Planning Commission; COST IMPACT / FUND SOURCE ExPENIREOUIRI?ID AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/04/19 MTG. DATE ATTACHMENTS 11/04/19 Staff Report with Attachment A thru D PowerPoint 97 98 AtIan Ekberg, Mayor Department of Community Development -Jack Pace, Director STAFF REPORT TOTHE CITY COUNCIL DEPARTMENT OFCOMMUNITY DEVELOPMENT Prepared October 28, 2019 HEARING DATE: November 4,2Ol9 STAFF CONTACT: ]ainnie Reavis,Senior Planner NOTIFICATION: 0Combined Notice ofApplication, Notice ofHearing and on -site meeting notice posted onsite and mailed tosurrounding properties and agencies with jurisdiction onSeptember S,2Ol9. 0Notice ofPublic Hearing published inthe Seattle Times onOctober 2l, 2019. FILE NUMBERS: Ll8-OO51Final Subdivision — Phase 2 ASSOCIATED FILES: PVVl9-OOO4,PVV18-OO96Public Works Construction Permits L18-0112 Zoning Variance for Lot 24 L18-OO65Design Review Major ModiMcation L14-OO66Final Subdivision- Phase 2 L12-005 Design Review Major K4odification CO9-Ol4Traffic ConcurrencyCertificate E08-022 SEPA/Environnnenta|Revievv LO8-O79Preliminary Subdivision (Phase 1and Phase 2) L09-002Rezone LO8-O77Comprehensive Plan Amendment L08-076Qesign Review PREO8-Ol1Pre-Application Meeting APPLICANT: Mike Overbeck REQUEST: Request for Final Subdivision approval for Phase 2ofthe OstedvPark Tovvnhonnes.Phase 2includes creation ofl6new unit lots from three existing tax parcels for development ofl5new tovvnhonnesand the addition of third story with two dwelling units to the building on Lot 24. Phase 2 also includes establishment of access, utilities, and recreation tracts and easements. Phase 2isthe final phase ofthe Oster|yPark kzvvnhonnesproject, anditreceivedPrelinninaryPlatapprovalfronnthe Planning Commission inJanuary 2Ol9. Tukwila City Hall °6200 Srwmh*enter BoVWewmrd° Tukwila, WA 98188 ° 206-433-I800 ° Webmiter7ukwx8aWA.9ov 99 L18-0051Final SUbdkvisionPlat—Osterly Park Townh[mes Phase 2 October 28'2019 Page 2 LOCATION (Phase 2): l44129umLnS(parcel #64] 9401S 1uuthLn(parcel );l44243uthAve S(parcel #699l1lOOOO) COMPREHENSIVE PLANDES|GNAUON/ ZONING DISTRICTS: SEPA COMPLIANCE: PUBLIC COMMENTS: High Density Residential /HDR\ The City ofTukwila, asthe lead agency for this project, issueda Determination of Non -Significance for this project on October 28, 2009. Nocomments were received during the Notice ofApplication for the Final Subdivision application. Apublic information meeting was held on the project site on September 11, 2019 pursuant to the requirements of TIVIC 18.1O8.O5O,A,and there were nomembers ofthe public inattendance at the meeting. An additional information meeting was requested by Phase I owners and was held onOctober 2],2Ol9. RECOMMENDATIONS: Staff recommends approval of the Final Subdivision application. ATTACHMENTS: A. Subdivision Preliminary Approval Notice of Decision. The entire packet with staff report and attachments can be accessed here: Staff Report to Planning Commission l-34'ZUl9 B. Final Plat Survey C. Declaration of Covenants, Conditions, Restrictions, Easements and Agreements forOster|y Park Townhomes D. As -Built Plans: Valley View Sewer, Water District 125 Phonex206-433-1800 * Emmaii;KNayor@Nrukumi\aWA.gov ^ VVebsite;Tmkvvi 100 L18-0051Final SUbdkvisionPlat—Osterly Park Townh[mes Phase 2 October 28'2019 Page 3 FINDINGS PROJECT DESCRIPTION Mr. Mike Overbeckisrequesting final plat approval for the second and final phase ofthe OstedvPark Townhomes. Phase 2 proposes to subdivide three existing parcels into 16 unit lots, with tracts and easements for ingress, egress, utilities, and recreation spaces. Development inPhase 2includes 15 new townhomes, a third story addition of two dwelling units to the building on Lot 24, a recreation space with play equipment for children, frontage improvements on 34 th Ave S, completion of the L- shaped access road providing a through -connection from S 144 th o Stto3z� Ave S,and associated landscaping, utilities, and street lighting. This project hasinvokxedsevera||andusepennitsoverthepastlO+years,indudingarezoneand Comprehensive Plan Amendment for one of the existing parcels making up the projectsite,SEPA environmental review, design review, preliminary subdivision approvals, major modifications tothe design reviews, and a variance. A table summarizing the public outreach that has been conducted for this project isindudedonthenextpageofthisreport. The OstedvPark Tovvnhonneswas the first townhouse project tonecekxeP|anningConnnnission 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. A townhome is a type of residential development inwhich individual dwelling units are attached along a1least 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 anindividual tovvnhonneislocated is called aunit lot. Aunit lot ispart ofalarger parent lot, to which the standards ofthe underlying zoning district are applied, including minimum lot area, lot area per unit, setbacks, and perimeter landscaping. Phase The original project approved by the Planning Commission in Novennber2OO9 included an approximately 1.7-acresite with 31tovvnhouse units along with required landscaping, guest parking, utilities, access, recreation areas, and frontage improvements. The Planning Commission subsequently approved a Phasing Plan and a Design Review Major Modification for the project in 2012 to a||ovv construction ofthe project intvvophases.Phase1indudedconstruc±ionofeighttovvnhonnes'private access lane and utilities to serve the first eight townhomes, and a temporary recreation space. Phase I received Final Subdivision Approval from the Tukwila City Council in 2016, after which the plat map and Codes, Covenants and Restrictions (CC&Rs) for Phase I were recorded, and the first eight townhomes were constructed. Phone:206-433-1800 * Emmail:K4ayor@qnwkumHaWA.gov ° VVebsite/Tukwi 101 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 4 Phase 2 The applicant applied for a Design Review Major Modification to the original design review in July 2018 to change the design, reducing the total area of the development and reconfiguring the unit lots, access, and recreation spaces. The number of townhomes in Phase 2 was reduced from 23 townhomes as originally approved, down to 15 townhomes. The Design Review Major Modification, updated Subdivision Preliminary Approval for Phase 2, and a Variance and Design Review to add a third story to the building on Lot 24 were approved by the Tukwila Planning Commission in January 2019. Public Outreach Date Permit Numbers Type (mailing, posted notice, meeting) Comments 3/27/2009 L08-079 (Preliminary Plat), L08-076 (Design Review), E08-022 (SEPA/Environmental Review) Notice of Application: site posted, notification mailing. Written response from Manager of Valley View Sewer District Dana Dick to inform City and applicant of permitting requirements. 10/27/2009 L08-079, L08-076 Notice of Public Hearing: site posted, notification mailing including party of record. None 10/29/2009 L08-079, L08-076 Notice of Public Hearing published in Seattle Times. None 2/14/2012 L08-079, L12-005 (Major Modification to the Design Review) Notice of Application: site posted, notification mailing including party of record. None 3/8/2012 L08-079, L12-005 Notice of Public Hearing published in the Seattle Times, site posted, notification mailing including party of record. None 4/9/2015 L14-0066 (Final Plat) Combined Notice of Application and notice of on -site public meeting posted and mailed. None 4/16/2015 L14-0066 On -site public meeting 3 nearby residents attended, asking questions about project timeline and the cost of the new homes. 12/26/2018 1/10/2019 1/24/2019 L18-0065, L18-0012 Notice of Application; Notice of Public Hearing: site posted, notification mailing, public information meeting, two Planning Commission Public One written comment received. Several homeowners for Phase 1 attended and provided Phone: 2 -4 ' -1 00 * Email: ayor TukwitaW ,gov * Website: Tukwilai A.gov 102 L18-0051Final SUbdkvisionPlat—Osterly Park Townh[mes Phase 2 October 28'2019 Page 5 Hearings ( 18and 1/24/2019). testimony atthe 1O/74/2Ol8 Public Hearing. 19 L18-0051 Combined Notice of No written comments 9/11/20I9 Application, notice ofon-site received. Asecond public 10/23/2019 public information meeting, and Notice of Hearing posted and mailed. information meeting was requested by the homeowners ofPhase 1and held onlO/23/2Ol9after there was noone in attendance atthe first public information meeting. VICINITY/SITE DESCRIPTION Site Description The project siteis|ocatedbetvveenTukvvi|a|nternationa|B|vdandK4i|itaryRdS,nearthesoutheastern corner ofS144t»Stand 3uthAve S.Phase 2ofthe project isnnadeupofthreeexistingtaxpance|s:tvvo of the parcels are vacant, and one is developed with a 4-plex condominium building located at 14424 34 h Ave S. 6433610240 Existing Development Phase lincluded eight new tovvnhonnes on individual unit lots, ashared recreation space, and anaccess and utilities tract. Mr. Overbeckhas constructed one ofthe two -unit townhouse buildings included in Phase 2,asallowed within the HDRzone and inconformance with the approved design review received by the Planning Commission. Mr. Overbeck'splan istosell these units as soon as his final subdivision plat isrecorded with King County. Utilities, sidewalk, and the first lift of asphalt pavement have been constructed aspart ofthe Public Works Permit for Phase2. INEW ow A Surrounding Land Uses The OstedvPark 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 Phnne:IO6-33'18W] ° ErnaiLMaynr@Tukm/iiaVVA,Qov ° VVetmite,TuhvxilaVVA-gpv 103 L18-0051Final SUbdkvisionPlat—Osterly Park Townh[mes Phase 2 October 28'2019 Page 6 areas. Surrounding areas are zoned for multifamily development (MDR, HDR\ormixed-use residential and commercial development (NCC). The site is within walking distance to many neighborhood destinations, including grocery stores, schools, and parks. Topography The area where the townhomes will be constructed is relatively flat. However, there is a drop down from the townhouse development area to the parking lot of Lot 24, on which the 4-plex condominium building is located. Access to Lot 24and the other4-p|ex properties located at 14420and 14422 94!o Ave Sisfrom aseparate driveway off 34o ! Ave S.The grade ofthis access driveway slopes down from 94!h Ave S to a low point on Lot 24, which sits three to five feet below the grade elevation of the townhomes. A retaining wall with a 6-foot tall wooden fence has recently been constructed by Mr. Overbeck on the north side of S 144 th Lane. This fence separates the townhouse development from the o � 4-p|ex properties located at 14420 and 14422 34/ Ave S, as well as separating Lot 24fronn the rest of the development. Stairs proposed on the east and north sides of Lot 24are to connect residents of Lot 241othe shared parking and recreation spaces within the rest of the plat. Access There will be two access points to the Oster|y ParkTovvnhornes from public streets for vehicular and pedestrian traffic. These include driveways and sidewalk connections off 34 to Ave Sand Sl44t o Street. Vehicular access to the condominium building on Lot 24vvi|| remain via a separate driveway off 34!h Ave Swhich provides access toall three buildings located at1442O-l44243ztx Ave S.Pedestrian access to the Osterly Park Townhomes private access road, the shared recreation space, and two parking spaces will be available to the residents of Lot 24 via stairs with gate entries through the wooden fence on the north and east sides of the property. 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 Planning Commission. During preliminary approval, the BAR reviews project plans /1\todetermine the p jed,s consistency with the Tukwila Comprehensive Plan and other City -adopted plans, zoning and subdivision requirements, and state laws; /2\toensure the subdivision includes appropriate provisions for utilities and road improvements; /3\todetermine the pr jec±'s compatibility with the area in which it is located; and (4)toensure 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 * E0mai{:K&ayor@Nrukwi\aWA.0ov ~ Website;Twkwi 104 L18-0051Final SUbdkvisionPlat—Osterly Park Townh[mes Phase 2 October 28'2019 Page Final Approval The decision on a final plat is made by the City Council. The final plat approval is granted hvaCity Council motion following apublic hearing. The motion adopts findings offact based onareview ofthe pr jec±'sconforrnancevvithTK4[17.14(Detai|edProceduresforSubdivisions)andVVashing1onState subdivision regulations (R[\N58.l7).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 each of the steps required in the final plat approval process for a subdivision, including application requirements, review procedures, and decision criteria. A. APPLICATION: The following table includes alist ofitems required tobesubmitted for a complete application for final plat approval. Item Submitted? 1.Completed Application Form and fee asidentified inTM[Chapter 18.88. X 2. Completed Application Checklist. X 9.Copies and one original ofthe final plat survey inconformance with the standards set forth in TK4[ 17.04.060. X (4ttachnnentB) 4.Aplat certificate from atitle insurance company documenting the ownership and title of all interested parties in the plat, subdivision ordedication, and listing all encumbrances. The certificate must bedated within 45calendar days prior tothe date offiling the application for final plat approval. X 5.Private covenants intended toberecorded with the plat. X(Attachment C\ 6.Any documentation necessary todemonstrate conditions ofpreliminary plat approval have been met. X 7.King County Assessor's maps which shows the location ufeach property within 5O0feet ofthe subdivision; two sets ofmailing labels for all property owners and tenants (residents orbusinesses) within 5OOfeet ofthe subdivision. X 8.Maintenance agreements, easements and other documents ready for recording. X 9.Signatures onthe following certificates onthe face ofthe plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department, City ofTukwila Finance Director, Owner's affidavit and certificate ofdedication asidentified inTK4[ 17.04.060(l). X—Signaturefronnthe Seattle -King County Health Department not required since project does not include aseptic system. Phonex206-433-1800 * Email: Mayo r@qrukuw8aWA,0ow ° VVeUsitexTwkwVi 105 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 8 B. FINAL PLAT REVIEW PROCEDURES: Applications for final plat approval shall be processed as a Type 5 decision subject to the provisions of TMC 18.108.050. Below each of the procedures is listed in italics, followed by information on what occurred during each procedure during review of this application. 1. Referral to Other Departments and Agencies - The Department of Community Development shall distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. The final plat was distributed for review by the Fire Department, the Public Works Department, and the Building and Planning divisions within the Department of Community Development. Additionally, the Finance Department reviewed the project for delinquent special assessments. 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 and have provided written comments and approval. The Public Works Director has signed Sheet 1 of 6 of the plat. Additionally, managers from Valley View Sewer District and Water District #125 provided written approval and as -built plans for Phase 2 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 1of 6 of the subdivision plat has been signed by the Tukwila Public Works Director and the Director of the Department of Community Development. One of the parcels proposed to be subdivided has three outstanding liens, one of which is from the City of Tukwila. The applicant has paid off the lien from Tukwila and it is in the process of being released. The other two liens on the property are from King County. These liens shall be released prior to the Finance Director's signature on the plat and referral of the plat to the Mayor and City Clerk for signature. 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 2 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 2 will need to be returned to DCD in order to close out the permit in the City's permit tracking system. Phone: 2 433 180 * 106 yo TukwilaWA,gov * Website: TukwilaA.gov L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 9 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 332-130- 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 6 of the final plat. Signature blocks for the owners, Public Works Director, DCD Director, Mayor, and City Clerk are also located on Sheet 1 of 6. The project does not include any dedications of property to the City. Easement and maintenance agreements have either been recorded as indicated on Sheets 4, 5, and 6 of the final plat or will be recorded as part of the final plat. 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 that will be assigned to the CC&Rs at the time of recording. 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. The applicant has provided title reports and deeds to demonstrate how the land in the proposed subdivision is vested in the name of the owners who signatures are on the plat. 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 2 as part of the Public Works permit (PW18-0096 and PW19-0004) 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 for sewer, water, and gas were submitted by the applicant. Curb, gutter, and 5-foot sidewalk along 34th Ave S have been constructed and the applicant will be providing documents to turn over the above to the City of Tukwila for ownership and maintenance. A performance bond has been submitted to the City for completion of the final pavement for the access road (Tract D), the improvements and equipment necessary to construct the recreation spaces, and completion of work under review by Seattle City Light. These bonded improvements, along with landscaping for the project, are proposed to be inspected as part of the construction permits for the new townhomes in Phase 2. Phone: 206-433 -1800 * Email: i iayort TukwilaWkgov • Website: TukwiA..gov 107 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 10 4. That the plat is certified as accurate by the land surveyor responsible for the plat. Sheet 1 of 6 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. 5. That the plat is in conformance with the approved preliminary plat. In the table below, the conditions of approval applicable to Phase 2 of the plat are listed on the left column. Notes on how the project has met each condition, or how staff expects each condition will be met as part of construction permits after the final plat is recorded are included in the right column. Condition Notes on Conformance (Public Works Permit) All utilities for the project, private access road and sidewalks, and recreation areas (including children's play equipment), shall be completed and built per the approved Civil Plans as part of the Public Works construction permit. As -built plans for the sewer system and water system have been provided by the applicant (see Attachment D). A bond has been submitted for completion of the electrical work, finished access road, and recreation areas. The applicant has requested the bond in order to delay these improvements until enough construction of new townhomes occurs that they are no longer at risk of being damaged during construction. The applicant shall obtain an NPDES construction permit for this project. Met A streetlight mast arm shall be added to the existing wooden pole. This improvement has been bonded and is proposed to be completed during construction of the townhome units due to delays from Seattle City Light. 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. Met 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 Met. An agreement between Mr. Overbeck is being required by the City of Tukwila in order to address ongoing drainage issues on Lot 24. Phone: 2t? -4 ' -1 00 * Email: ayor TukwitaW ,gov * Website: Tukwila' vA.gov 108 L18-0051Final SUbdkvisionPlat—Osterly Park Townh[mes Phase 2 October 28'2019 Page 11 the Tukwila Public Works Department for submittal and design requirements. Access road, utilities, undergrounding of power, and extension ofsewer and water lines to the unit lots shall be approved by the appropriate departments and/or utility and conform to the Civil Plans. As -built plans shall be provided to the Public Works Department prior tofinal approval. The Public Works construction permit has received final approval. As -built plans for the sewer system and water system have been provided hvthe applicant (see Attachment D).Abond has been submitted for completion ofthe electrical work, finished access road, recreation areas, and landscaping. The applicant has requested the bond inorder todelay these improvements until enough construction ofnew tovvnhonnes occurs that they are nolonger atrisk ofbeing damaged during construction. Install all required site improvements, including those proposed in the application and those identified above as conditions of approval. You will need toobtain all required permits prior to beginning any construction. For water and sewer permits, contact the individual provider District. For City ofTukwila utilities, contact Tukwila Public Works at (206) 493-Ol79for a Public Works (PVV) type '[' permit for approval. AStreet Use will bepart ofthis permit and require bonding, insurance, and a Hold Harmless Agreement for work within the Public Right -of -Way. Met Fire Department access road shall bedesigned tosupport the weight ofFire Department apparatus. Submitted plans donot show tanks within the access road. |fthere are any underground tanks within the access road, they need tosupport aerial point loading, or the ground needs tobeclearly stenciled with "No Outrigger P|acennent". There are nounderground tanks/vaults within the access road for Phase 2ofthe project. Maintain inside turning radius of28 feet for Fire Department access road and clearly mark "no with signs and paint, from 34�o / m St. The Fire Department access road has received afinal inspection bythe Tukwila Fire Department aspart ofthe Public Works construction permit. Phonex206-433-1800 * Email: Mayo r@qrukuwHaWA,0ow ° VVeUsitexTwkwVi 109 L18-0051Final SUbdkvisionPlat—Osterly Park Townh[mes Phase 2 October 28'2019 Page 12 Maintain 20-foot width for the entire Fire Department Access road and clearly mark "no parking" with signs and paint, from 34!»Ave S to 144!h St. The Fine Department access road has received afinal inspection hvthe Tukwila Fire Department aspart ofthe Public Works construction permit. No obstructions under 13'6" shall be located within the Fire Department Access road. There are no low-level obstructions within the access road. Noparking shall belocated inthe entire 2O- foot area ofthe Fire Department Access road toLot 24.This area shall bemarked with "no parking" signs and paint. The Fire Department access road has received afinal inspection hvthe Tukwila Fire Department aspart ofthe Public Works construction permit. The hydrant shown north ofLot 16shall be moved tothe landscape island north ofLot 2l. Provide protection from vehicular damage and install per the Tukwila Municipal Code. Az' wide gate for fire access shall be installed on the north side ofthis hydrant within the fence separating the Oster|yPark kovvnhonnessite from the driveway tol442O-l44243zth AveS. |thas since been determined and verified with water district l25that hydrant coverage isadequate atthe location atwhich the hydrant was installed, sothe hydrant does not need to be relocated and the gate is not needed. Hydrant spacing shall bemaintained per TK4[ 14.24. The Public Works construction permit for Phase 2, including installation of new fire hydrant, has received final inspection bythe Tukwila Fire Department. The mailbox location toserve Phase 2shall be approved by the Postmaster and Public Works. Met A private street sign will be required for 144m Ln. Met (Final Subdivision Approval) Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Oster|yPark kzvvnhonnes" shall berevised toreference the latest BAR approval, and toinclude joint maintenance agreements for access road, utilities, retaining walls, fire lane, and landscaping areas. Easements and the amended codes, covenants, and restrictions shall be recorded prior tofinal subdivision approval. The amended codes' covenants, and restrictions are proposed toberecorded at the same time asthe final plat map for Phase 2ofOster|yPark Tovvnhornesisrecorded. Easements applicable toPhase 2are either already recorded orare shown onthe final plat map and will be recorded with the final plat for Phase 2 of the (}ster|y Park Tovvnhonnes. Phonex206-433-1800 * Email: Mayo r@qrukuwHaWA,0ow ° VVeUsitexTwkwVi 110 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 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 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, landscaping areas, retaining walls, fire lane, and recreation spaces. d) Add Tukwila land use file number L08-079 for the subdivision application to all sheets of the survey. e) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also add legal descriptions for each of the tracts. f) 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 note stating that all homes require sprinklers shall be added to the plat map. g) Attachment B contains the Final Plat Survey for Phase 2 of the Osterly Park Townhomes. The Final Plat Survey and associated "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes) in Attachment C address these items. Phone: 2t? -43' -1600 * Em ail: ayor TukwiIaW ,gov * N+ bsite: TukwilaWA.gov 111 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 14 h) The following assigned addresses and private street names shall be added to the plat map. The recorded document showing these addresses shall be returned to the Fire Marshall's Office with parcel numbers. 5 144th LN: • 3401 Lot #23 • 3403 Lot #22 • 3407 Lot #21 • 3411 Lot #20 • 3415 Lot #19 • 3419 Lot #18 • 3423 Lot #17 • 3427 Lot #16 34th LN 5: • 14418 Lot #15 • 14420 Lot #14 • 14422 Lot #13 • 14416 Lot #12 • 14414 Lot #11 • 14412 Lot #10 • 14410 Lot # 9 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. Staff has reviewed the project to determine that it meets the applicable provisions of Chapter 58.17 of the Revised Code of Washington (RCW), and other applicable state and local laws in effect at the time of preliminary plat approval. The preliminary plat was reviewed and approved with conditions at a public hearing held the by the Tukwila Planning Commission in January 2019, prior to which required public notifications and information meetings were provided. The survey of the subdivision plat has been reviewed to ensure it includes the required certifications, and it has been signed by the Public Works and Community Development Directors. Conditions required by the preliminary plat, including construction of access and utilities, have either been completed or their completion is assured through submittal of security bonds for their future construction. CONCLUSIONS 1. The applicant has submitted the required materials for review of the proposed final subdivision plat for Phase 2 of the Osterly Park Townhomes. 2. The final plat was distributed for review by the Fire Department, the Public Works Department, and the Building and Planning divisions within the Department of Community Development. One of the parcels proposed to be subdivided has three outstanding liens, one of which is from the City of Tukwila. The applicant has paid off the lien from Tukwila and is in the process of being released. The other two liens on the property are from King County. These liens shall be released prior to the Finance Director's signature on the plat and referral of the plat to the Mayor and City Clerk for signature. Phone; 206-433-180 * E 112 uyo TukwilaWA.gov * N bsite: TukwilaWA.gov L18-0051Final SUbdkvisionPlat—Osterly Park Townh[mes Phase 2 October 28'2019 Page 15 9. The Fire Department, Public Works Department, and the Building and Planning Divisions reviewed the final plat and have provided written comments and approval. The Public Works Director has signed Sheet I of 6 of the plat. Additionally, managers from Valley View Sewer District and Water District #125 provided written approval and as -built plans for Phase 2 of the plat. 4. The proposed final plat bears the required certificates and statements of approval, and has been signed by the Director of Public Works, and the Director of the Department of Community Development. The certificate for the Tukwila Finance Director signature can be signed once existing liens on the property have been released. The final plat will not be referred to the Mayor or City Clerk until these liens have been released and the final plat certificate is signed by the Tukwila Finance Director. 5. The facilities required to be provided by the applicant have either been constructed, have been included in the bond. Landscaping for the Phase 2 will be required to be installed as part of building permits for the new tovvnhonnes. 6. The plat is in conformance with the latest preliminary subdivision approval issued in January 2019and is in conformance with state and local laws in effect atthe time ofthe preliminary plat approval. RECOMMENDATIONS Approval nfthe Final Subdivision application. Phonex206-433-1800 * Email: Mayo r@qrukuw8aWA,0ow * VVebsitexTwkwVi 113 114 ATTACHMENT A' Allan Ekbera,Mayor Depo/to/eotof[n/nn/unitvDe - Jock Pace. Dbecto/ January 29, 2019 NOTICE OF DECISION TO: K8ikeOverbeck Applicant and (Owner Julia OVerbeok,Owner K8enstabTzegai3Owner 140 St REO Partners LUC,Ovvne/ Allison and Tyler Long, Owner Jennifer and Melvin Jones, Owner Ashok and Senev8andaranayuke,Owner Joshua Deming, Owner Ka|anchiAbraham, Owner Genet Desta and Debebe Lerego,Owner Steven Mendoza, Owner She|aniMarisa Vanniasinkam,Owner King County Assessor, Accounting Division Washington State Department ofEcology Water District #12S Valley View Sewer District This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. L PROJECT INFORMATION ProiectFi|e Number L08-079 Applicant: Mike Overbeck Type of,Permit Applied for: Subdivision' Preliminary Plat Proiect Description: Request for a new Subdivision Preliminary Plat approval for phase 2 ofthe Osterly Park Townhomes,including 15new unit lots onwhich tovvnhomeswill beconstructed, anexisting lot onwhich a third story addition is proposed, and recreation spaces, access, guest parking, landscaping, and utilities. Location: l4424]4mAve S(parcel #G39IlI0000 l44Z634mAve S(parcel #OO4OO00083) I44OI'I442O34mLane 5 Parcel #s54330OOO90and 64336U011O 6300 Sowhcenter Boidevarcl, Suile #100~ 98188'~Phone 3�431-3670~Fax: 206-431-3665 115 Associated Files: U8-0112 (Variance); L18-0065 (Design Review Major Modification);RN18'009G (Public Works Construction Permit); D18-0024 (Retaining Wall) Comprehensive Plan Designation/Zoning District: High Density Residential (HDR) U. DECISION S,EPA 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 Board of Architectural Review/Planning Commission has determined that the application for a Subdivsion PremUminary Plat does comply with applicable City and state code requirements and has approved that application based onthe findings and conclusions contained inthe staff report, subject to the following conditions: 7hefb0mwingshall beaddressed osPart ofthe Public Works Construction Permit: 1. All utilities for the project, private access road and sidewalks, and recreation areas (including children's play equipment), shall be completed and built per the approved Civil Plans (Attachment D) as part of the Public Works construction permit. 2. The applicant shall obtain an NPDEIconstruction permit for this project. 3. Astreet light mast arm shall beadded tothe existing wooden pole. 4. Overhead utilities along 34 1h 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. S. 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. 6. Access road, utilities, undergroundinQ 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. As -built plans shall be provided to the Public Works Department prior to final approval. 7. Install all required site improvements, including those proposed inthe 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 indiYidua|provider District. For City ofTukwila utilities, contact Tukwila PubUcVVorksat(2O6)433'8I78fora Public Works (PVV) type '[' 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'nf-VVay. 8. Fire Department access road shall be designed to support the weight of Fire Department apparatus. Submitted plans do not show tanks within the access road. If there are any underground tanks within the access road, they need to support aerial point loading, or the ground needs to be clearly stenciled with "No Outrigger P|acement'', Type *Permit (except shoreline CUP) Ju Page zof 5 1o8o019z:32o0 PM uup'muxwi|awa.` mnmuot/ocopmnuiog/coo^mmxnning/0,terlyparkTv°nhvmvs[Vmim,or o^cixi000N0cLLV8^079_P,,Uminuvuuumvisi"o_0xu,|'pork.uvn 116 9. Maintain inside turning radius of 28 feet for Fire Department access road and clearly mark "no parking" with signs and paint, from 34 mAve 5to5l44" St. 10. Maintain 2O-foQtwidth for the entire Fire Department Access road and clearly mark "no parking" with signs and paint, �from34 Ave 5toS144'h St. 11. No obstructions under13'6" shall be located within the Fire Department Access road. 12, Nnparking shall belocated inthe entire ZU-fbotarea ofthe Fire Department Access road toLot Z4.This area shall bemarked with "no parking" signs and paint. 13. The hydrant shown north of Lot 16 shall be moved to the landscape island north of Lot 21. Provide protection from vehicular damage and install per the Tukwila Municipal Code. A 4' wide gate for fire access shall be installed on the north side of this hydrant within the fence separating the Osterly Park Townhornessite from the driveway to14420'I442434mAve S. 14. Hydrant spacing shall bemaintained per TIVI[l4.34. 15, The mailbox location to serve Phase Zsha|| be approved by the Postmaster and Public Works. 16.Aprivate street sign will berequired for S144mLn. The following shall beaddressed prior to final approval of the subdivision plat: 1. Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Oster|y Park Townhnnnes°shall berevised toreference the latest BAR approval, and toinclude joint maintenance agreements for access road, utilities, retaining walls, fire lane, and landscaping areas. Easements and the amended codes, covenants, and restrictions shall be recorded prior to final subdivision approval. 2. 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) Asurvey map as described in the application checklist that is consistent with all the conditions of approval. The surveyor's original signature must be'qnthe face ofthe 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, landscaping areas, retaining walls, fire lane, and recreation spaces. d) Add Tukwila land use file number L08-079 for the subdivision application to all sheets of the survey, e) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also add legal descriptions for each ofthe tracts. f) The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots maybe limited asa result ufthe application nfdevelopment standards tVthe parent lot, shall benoted pnthe plat. 8) A note stating that all homes require sprinklers shall be added to the plat map. h) The following assigned addresses and private street names shall be added to the plat map. The recorded document showing these addresses shall bereturned tothe Fire Marshall's Office with parcel numbers. Type * Permit (except suore'neCUP) zx Page aors //28m0192o2:00 PM xunu:/*oxwxormm nm]coPluouiog/cvonnt»lan ing/Unte,lyruu'Tvwubom^s/Nmiu^'ur ooamvmwoc—Ln8-079—P=u"duocrauuoivioirn_ontcuypurt.dnn 117 S144thLN: * 34OILot #Z3 °3403Lot #ZZ °3407Lot #J1 *341SLot #19 °34I9Lot #28 °34Z3Lot #17 °3427Lot #16 34thLN5: °I44lOLot #1S °I442OLot #14 °I4422Lot #I3 "144I6Lot #2Z °I44I4Lot #l1 °14412Lot #20 °24410Lot #9 The following shall beaddressed mspart qfthe Building Permits: I. Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). I Water to all buildings will be required to meet fire flow requirements per the International Fire Code. 3. Bedrooms require rescue windows with ladder access, with a flat I2'deep by4' wide area. 4. All tuvvnhnmesrequire fire sprinklers. 5. Lot Z4will require fire sprinklers and af|re alarm system. This shall be installed perTK4C 16.40 andTKlC l6'4Z. 6. Lot Z4will retain the original addresses but addresses of new units will be assigned when the building permit showing layout ofthe new units issubmitted. J. Per the Building Division' where the building on Lot 24 does not meet five-foot minimum setback, that entire vva|| from foundation to the roof and extending IOfeet on the roof shall have a 3-hour separation, or a 2-hour separation if sprinkled. There shall be no openings on that side (i.e., windows, ducts or similar). Engineering for the entire building shall be required for the additional construction of the third floor. 8. Water and sewer availability letters are required for the new units on Lot 24. Ill. 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 Board of Architectural Review/Planning Commission Decision ispermitted, Noadministrative appeal ofaDNS oranEIS ispermitted. |fanK8DN3Was 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 Board of Architectural Review/Planning Commission decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within I4days ofthe issuance ofthis Decision, that isbyFebruary IZ,ZO19. Type 4Permit (except shoreline CUP) o{ Page 4of 5 //28o0192:32m0 PM httpsxmkwUawa o/pnmeut/ocoP|umning/CutT^rM000iug/oxtud'rmtTvw"bomcs/vnhvnof 118 The requirements for such appeals are set forth inTukwila Municipal [ode1EiII6. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name ofthe 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 onthe appealing party'sbehalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. 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 bythe appellant, and(d 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. |naddition, 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 Board ofArchitectural Review/Planning Commission. The Hearing Examiner decision on the appeal is the City's final decision. Any party wishing tochallenge the Hearing Examiner decision onthis application must file anappeal pursuant tothe procedures and time limitations set forth inRCVV3GJOC. An appeal challenging aDNS, an yMDN5oranEIS may beincluded insuch anappeal. |fnoappeal ofthe Hearing Examiner decision ls properly filed in Superior Court within such time limit, the Decision on this permit will be final. l0. INSPECTION OFINFORMATION ONTHE 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 8:30a.nn, and 5:00 p.m. The project planner is Jaimie Reavis, who may be contacted at 206-431-3659 or Jaimie.Reavis@TukwilaWA.gov 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. = City of Tukwila Type * Permit (except shoreline CUP) Jx Page 5 of 5 1/28o019 2s2:00 PM uupox/tukwiu^, mpmvnmmcoP|000m-�/curremrio^ui^g/0sm,hpurkT"wubv*rmmoucuor 119 120 CITY OF TUKWILA FILE NO. L08-1079 City of Tukwila Department of Conn 6300 Southcenter E Telephone(2©6)43 DEDICATION nfty Development evard, Tukwila, WA 98186 70 FAX (206I 431-3665 Portion of KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNERS) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED 'DU HEREBY MAKE A SUBDIVISIEN THEREOF PURSUANT TO RC'r 58JI7.16, 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 EF THE CIWNERtS). 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, C[INDITIUNS AND RESTRICTIONS RECORDED UNDER KINIG COUNTY RECORDING NUMBER City of Tukwila Plat of Osterly Park Townhomes (PHASE TWO) he NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington IN WITNE'S.S WE HAVE SET OUR HANDS AND SEALS THIS DAY OF °h_/r. 20 11 MIKE OAR 44TH ST, REO PARTNERS, LLG, A ITE J MEXICO LIMITED LIABLILTY COMPANY ,ACKNOWLEDGVENTS STATE OF WASHINGTON COUNTY OF /'( '' e I CERTIFY THAT I KNO>„' D:R HAVE SATISFACTORY EVIDENCE THAT __, - > _ _ SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TC BE [HIS%HER) FREE AND VOLUNTARY ACT FOR THE USES,OWMPURipOSES MENTIONED IN THE INSTRUMENT, SIGNATURE OF NOTARY PUBLIC PRINTED NAME_: DATED .. MY APPOINTMENT EXPIRES ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TE BE tHIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, SIGNATURE OF NOTARY PUBLIC ________, PRINTED NAME DATED_ MY APPOINTMENT EXPIRES EXISTING LEGAL DESCRIPTIONS (REFERNECE: NEXTITLE ORDER NO, NXWA-0288250, DATED MARCH 12, 2018 AT 8:00 AM) PARCEL A: TAX LOT 0040000083 THE SOUTH HALF OF LOT 3, BLOCK 2, ADAM'S HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON :4-- PARCEL Be TAX LOT,8433600090 LOT 9 OF OSTERLY PARK TOWNHOMES (PHASE ONE), AS PER THE PLAT RECORDED IN VOLUME 272 OF PLATS, PAGE 59 THROUGH 62, RECORDS OF KING COUNTY AUDITOR, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, C '. 741E L c' r 4< 7? it/ -a roe e",f/� a !, 2, 3i7: 4 C='F' 77rc' /44i-f Tfr/.t..rl= �c''.•r'-.-�'dr x" s€'.e; . r 1` I,', .c.cF7t i�,:i r .� iCA'©e^rV1c+F✓sue/- fFfldtRGF© /// 1V,' —/ 4 i cv,, s fi /n et- c s / v Air r / /.� iilE a Erer// 7 rrc,_• "-Afe- r J fg e:/ / o1 CG= / 5'"3 ArG n/: r ...2r7 ,uw,v.ew Y.uEA Tom, Si14'/f51+'/NFF cry„ ACKNOWL_EENTS STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS IN AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, 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 PIUBL[C PROPERTY WITHIN THE SUBDIVISION: /44^/Si« KE© F'.4RF/ve.e LiC AUDITOR'S CERTIFICATE filed for record this.,..,,.,,_.da}^ of..,..,,..,20,......at...,..1 in book ..,.......cf,.....,,at page..,.,,.,,©t the request of County Au LANE) SURVEYOR'S CERTIFICATE This mop correctly repres one or under my direction require^' ent5 Sury request of G SIGNATURE OF NOTARY PUBLIC PRINTED NAME_.__,____.____"___. DATED MY APPOINTMENT EXPIRES ®_ SOUTH 144TH STREET VICINITY NOT TO SCALE SOUTH 146TH STREET avey made by ce with the RECO DFNC w©. TUKWILA APPROVALS AGE PUBLIC WORKS DIRECTOR'S CERTIFICATE HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND EITHER RIGHTS -OF -WAY, DESIGN OF DRAINAGE SYSTEMS AND [OTHER STRUC TURES 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 CEDE TITLE 17 AND WITH THE PRELIMINARY PLAT APPROVAL, AND THAT ORIGINAL AND REPRODUCIBLE MYLAR CR 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 EN 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 R 1 THIS AY CIF R DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed and approved by the DIRECTOR OF COMMUNITY DEVELOPMENT and hereby certified for filing day of _�'= DIRECTOR OF'IUCOMMUNITY DEVELOPMENT CYO'? OF TUKWILA TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE AND ARE PAID IN FULL ON THIS DAY OF 20 FINANCE DIRECTOR MAYOR AND CLERK'S APPRO 'AL EXAMINED AND APPROVED THIS ____ DAY OF__� MAYOR CITY CLERK KING COUNTY APPROVALS KING COUNTY TREASURERS CERTIRGATE 20 1 HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID [N FULL THIS ___________ DAY OF 20_-_ KING COUNTY DEP. EXAMINED AND APPROVED THIS KING COUNTY ASSESSOR DAY OF 20 DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 0040000083, B64O000Q8 d 63911i©© SHEET 1 OF SCHROETEROLAND SURVEYING PROFESSIONAL I_ANO SURVEYORS P13 Box B13, Seahurst, Vashirogtan 9B062 (206) 242a6621 PROJECT NO, 1800 Y CITY OF TUKWILA FILE NO. LQSa079 ity of Tukwila partment of Community Development 6300 Southcenter Boulevard, Tukwlla, WA 98186 Telephone (2061431-3670 FAX (206) 411-3665 DEDICATION City of Tukwila Plat of Osterly Park Townhomes (PHASE T�'rt } 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 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 5B1716, THE UNDER SIGNE➢ 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) ER ENTITY(S) ;IDENTIFIED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER N 'WITNESS E OVERBECK SET OUR HANDS AND SEALS THIS DAY OF PLAT OF OSTERLY PARK (PHASE ONE) LOT 2 PLAT CF ARK. (F'FTAaE ONE PHASE ONE) (PHASE ONE) T 5 PLAT OF OSTERLY PARK (PHA OWNER LOT 6 PLAT OF OSTERLY PARK (PHASE ONE) T 7 PLAT OF OSTERLY PARK (PHASE ONE) ER LOT 8 PLAT OF OSTERLY PARK (PHASE ONE) AUDITOR'S CERTIFICATE .................. flied for record this r book, .,.....,,of_,,,_,,.at page..,.,,.._at the request of ,------------ County Auditor (Signed) ACKNOWLEDGMENTS STATE OF WASHI CTGN COUNTY OF I CE TIF THAT KNOW OR HAVE SATISFACTORY EVIDENCE THAT ir4KNOWy iJG ,V- SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED TN THE INSTRUMENT, Nv.vorttl 20 ACKNOWL GA TS STATE OF WASH! WON COUNTY OF [ CER T F]' THAT ACKNOWLEDGE➢ "T THE USES AND PURPOSE ACK STATE OF WASH COUNTY OF __ Y THAT AND ACKN THE USES ACK TO) ND PURP'O Ali{ STATE OF WASH.N COUNTY OF I CERII,FY THAT AND ACKNOWLEDGED ITT TO THE USES AND PURPOSES M LAND SUI me or and requiremen request of SIGNATURE OF NOTARY PUBLI PRINTED NAME S/7/VC G •CG'CAife OA ILO MY APPOINTMENT EXPIRES mQk -21'4 z. HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT BE (HIS/HER) FREE AND VOLUNTARY ACT FOR ENTICNED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NA$E DATED MY APPOINTMENT EXPIRES ATISFACTORY EVIDENCE THAT _ SIGNED THIS INSTRUMENT S/HER) FREE AND VOLUNTARY ACT TER ENTIONED IN THE INSTRUMENT SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED �._. MY APPOINTMENT EXPIRES HAVE SATISFACTORY EVIDENCE THAT ram___ SIGNED THIS INSTRUMENT E (;HIS/HmmER) FREE -AND VOLUNTARY ACT FOR 1110 INSTRUMENT, SIGNATURE OF NOTARY PUBLIC PRINTED NAMES7I DATEDes�L�e M'r APPOINTMENT EXPERES CERTIFICATE rectly represents a my direction In :on the S„�rvafv Pe of vey mode by RECORDING NO, ACKNOWLE STATE OF WASljINGTON COUNTY OF _.. I CERTIFY THAT 1,KNOW OR HAVE SATISFACTORY EVIDENCE THAT _ SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT ,OBE (HIS/HER? FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENITIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC r , PRINTED NAME r: DATED MY APPOINTMENT EXPIRE ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF [ CERTIFY THAT,' NDV OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO DE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATECTT..�r®m� MY APPOINTMENT EXPIRES ACK STATE OF 'WASHIN7 COUNTY OF _ ERTIFFY THA` AND AC R HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT BE (-IIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, DGED eN? n NMI,/ A , slaw ¢t IS.4s=irp- fTy Ap044eirrseY4 Expires Sep 11,.2021 ACKNOWLEDGVENTS SIGNATL`RE OF NOTARY PUBLIC v PRINTED NAME_ GATEC_,023- MY APPOINTMENT EXPIRES STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KKOW OR HAVE SATISFACTORY EVIDENCE THAT _ _ SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HE-R,,-FEE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC( PRINTED NAME_ DATED MY APPONTMENT EXP AS 4 SHEETS- of J3' SCHR©ETERJ LAND SURVEYING PROFESSIONAL LAND SURVEYORS Po. Box 913, Se ahur•st,-'Was bingtar, 98062 (206) 242-6621 DATE, I2/6/1B ;I43B NO.. 53O/4 PROJECT NO. 18008 ' FIELD GATE11/1`/©7 RAN BY LAW SED 7/10/19 CITY OF TUKWILA FILE NO. LO8-079 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA.98188 Telephone (206) 431-3670 FAX (206) 4313665 DEDICATION Portion of the NW hNT1 ALL PEOPLE IlY THESE PRESENTS, THAT WE THE UNDERSIGNED ER(S) IN FEE SIMPLE OF THE AND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW SaITIEL 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 OWNERiS), KNOW ALL PEOPLE BY THESE PRESENTS THAI WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PEPSI:WS) GR 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 I]UR HANDS AND SEALS THIS __ DAY OF _ OMER TOT 1 PLAT GE O L5LY PARK (PHASE ONE) T OF OSTLRLY P [PHASE ONE) .Fri`: PLAT OF OSTERLY PARK (PHASE ONE) OWNER LOT 4 PLAT OF QSTERi-Y PARK (PHASE ONES PLAT OF OSTERLY PARK (PHASE ONE) co:Kr 3 TrsTA TERL`r" PARK PUASE WNER PLAT-- O OSTERLY PARK. (PHASE ONE) PLAT w inn RLY PAR S CERTrIC filed for record this.. ONE) at_ ,...M request of County Auditor Sign THE USES A City of Tukwila Plat of Osterly Park Townhomes (PHASE TWO 4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W. M., in King County, Washington ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I ISNUW OR HAVE SATISFACTORY EVIDENCE THAT li3v__5 __em� SIGNED THIS INSTRUMENT AND ACKNONLEDGED I! D SE CHIS/HER) FREE AND VOLUNTARY ACT FOR THE USES Atlp {PURPOSES MENTIONED IN THE INSTRUMENT, SIGNATURE OF NOTARY PUBLIC PRINTED N1}ME DAIL(3rs_L:'i iJ r-1 MY APPOINTMENT EXPIRES 1 4'. STATE OF WASHINGTON ,GT COUNTY or 1_m I CERTIFI HAT I :KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS: INSTRUMENT K3°WEDGE IT TO BE CHIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE IINSTRUMENT. ACKWLE STATE OF WASHI COUNTY OF __ ERTIFY THAT 1_EDGED IT TO UR L15ES Mi ACKNOWLEDGMENTS STATE OF WASTENGJ0N. COUNTY OF pT SIGNATURE OF NOTARY PUBLIC PRINTED NAME DA MY APPOINTMENT APPOINTMENT EXPIRE5 HAVE SATISFACTORY EVITIETICE THAT SIGNED THIS INSTRUMENT (HIS/HER) FREE AND VOLUNTARY ACT FOR 1r1DNE'➢ IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED_ t_i_ MY APPOINTMENT EXPIRES y1L1l T� . - [ CERTIFY THAT L-<Nfl UR HAVE SATI'-. AND ACKNOWLEDGED IT X B THE USES AND PURPOSES MENT FACTORY EVIDENCE THAT _ SIGNED THIS INSTRUMENT FREE AND VOLUNTARY ACT FOR THE INSTRUMENT, SIGNATURE OF NOTARY PUBLU PRINTED NAM DATED., _&® _ MY APPOINTMENT EXPIRES - LAND SIJR OR CERTIFICATE This rnop correctly represents a survey made by me or under my direction in ccanforrnance with the requirementsc he5ury y R€Egrdinq eauest of CO N ACK1OWLEDCWENTS RECOFtINC NO STATE OF WASHINGTON COUNTY OF _71IILAti _ I CERTIFY THAT_j KNOW OR HAVE SATISFACTORY EVIDENCE THAT _'rJr7iI �lJ!7T SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT ro BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, SIGNATURE OF NOTARY PUBLIQ „. ,,_,L PRINTED NAME DATED_v/z' ._ MY APPOINTMENT EKPIRES ACKNOWLEDGMENTS STATE CF WASHINGTON COUNTY OEL' I CERTIFY THAT IKNOW OR HAVE SATISFACTORY EVIDENCE THAT La/12 SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, STATE OF WASHIN COUNTY OF I LERTIfY THAT. I KNOW, C-? r /} FUG ✓ r it/d. AND ACKNOWLEDGED IT TO BI THE USES AND PURPOSES MEI ACKNOWLEDGVENTS SIGNATURE OF NOTARY PUBLICS--- PRINTED NAME ('6 1`, DATED__ irrEj.3I MY APPOINTMENT EXPIRES VE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT /HER) FREE AND VOLUNTARY ACT FOR Ii IN THE INSTRUMENT. SIGNATURE OF ,,. NOTARY PU844C..- Cs-i PRINTED NAME_ DATED_ MY APPOINTMENT STATE OF WASHINGTON COUNTY GE IERTIEY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT `,,Z /A_' _ /4,J YP.--,J} 1-------------raa_ SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE DE NOTARY PUBLIC !I PRINTED NAME DATED MY APPOINTMENT EXPIRES SHEET -Er OF.-5' SCHR©ETER AND SURVEYING PROFESSIC}INAL LAND 'SURVEYORS P.C, Box 07T3, 5e h o-ut, 'Washington 9B962 <216) 242-6621 PR CT N a FIELD DATE 11 /11 /0 Y LAW EVISED 7-22710 CITY OF TUKWILA FILE NO City of Tukwila Department of Community Development 6300 Sauthcenter Boulevard, Tukwila, WA 981.86 Telephone (206) 431-3670 FAX (206) 431-3665 L08-079 City of Tukwila Plat of Osterly Park Townhomes (PHASE TWO) 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, TRACT D: INGRESS, EGRESS AND UTILMES EASEMENT TRACT D IS A PRIVATE JOINT USE INGRESS, EGRESS, AND UTILITIES TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 8, OSTERLY PARK TCWNHOMES PHASE ONE, RECORDED UNDER RECORDING NUMBER 20160308000.498,, RECORDS OF KING COUNTY, WASHINGTON AND LOTS 9 THROUGH 23 OF OSTERLY PARK TOWNHOMES, PHASE TWO, APPROVED UNDER TUKWILA FILE NUMBERS LOS--079. OWNERSHIP OF LOTS `vI4THIN OSTERLY PARK TOWNHOMES (PHASE ONE) AND OSTERLY PARK TOWNHOMES (PHASE 2) OF THESE PLATS 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 OSTERL.Y PARK TOWNHOMES UNDER KING COUNTY RECORDING NUMBER. LEGAL DESCRIPTION FOR TRACT 0, AN INGRESS, EGRESS AND UTILITIES EASEMENT; THAT PORTION LOT 9, OSTERLY PARK TOWNHOMES, PHASE CNE, RECORDED UNDER RECORDING NUMBER 20160308000498, RECORDS OF KING COUNTY, WASHINGTON AND THE SOUTH HALF CF LOT 3, BLOCK 2, ADAM'S HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON, SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT A, A PRIVATE JOINT USE INGRESS, EGRESS, AND UTILITIES TRACT A PER THE PLAT OSTERLY PARK TOWNHOMES, PHASE ONE, RECORDED UNDER, RECORDING NUMBER 20150308000498, RECORDED CF KING COUNTY, WASHINGTON; THENCE SOUTH 87'33'54' EAST, ALONG THE SOUTH LINE OF SAID TRACT A, 13,22 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87'33'54" EAST, ALONG THE SOUTH LINE OF SAID TRACT A, 16,79 FEET; THENCE SOUTH 01'09'52" WEST 77.27 FEET TO .A POINT OF CURVATURE; THENCE ON A CURVE TO THE RIGHT IN A SOUTHWESTERLY DIRECTION WITH A RADIUS OF 40,00 FEET AN ARC OF 63,73 FEET; THENCE NORTH 87'.32'24" WEST 245.20 FEET TO THE EAST MARGIN CF 34TH AVE SOUTH; THENCE NORTH 02'59'12" EAST, ALONG SAID MARGIN, 39.02 FEET; THENCE SOUTH 87'33'11" EAST 268.08 FEET; THENCE NORTH 01'09'52" EAST 79,09 FEET TO THE SOUTH LINE OF SAID TRACT A, OSTERLY PARK TOWNHOMES (PHASE ONE) AND THE TRUE POINT OF BEGINNING; TOGETHER WITH KING COUNTY RECORDING NO, 2018092.7001053, BEING AN EASEMENT FCR INGRESS, EGRESS AND UTILITIES, SUBJECT TO AND TOGETHER WITH PUGET SOUND ENERGY EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20190131000577; SUBJECT TO AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING .NUMBER 20190531001251; SUBJECT 7O AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20190424000979; SUBJECT TO ,AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20190313000301: SUBJECT TO AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20110420009543; 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 5060E92; SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR SEWER LINE RECORDED UNDER KING COUNTY RECORDING NO. 6591979, SUBJECT TO AND TOGETHER 1M1TH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 201104200005443; 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. 201310910.01350; TOGETHER WITH AND SUBJECT TO A. WATERLINE EASEMENT KC RIG, NO, 20151007001218; PROVISIONS SET FORTH ON .THE SURVEY MAP AND PLANS AND AMENDMENTS THERETO, RECORDED UNDER RECORDING NO, 8010200750, PROVISIONS SET FORTH ON THE SURVEY MAP AND PLANS AND AMENDMENTS THERETO, RECORDED UNDER RECORDING NO. 8010200752.. AUDITOR'S CERTIFICATE filed for record this..,..,.,,,.day of__,.,..,20,._,,,_at..,,,,=M In book...,,..=.,af........at page,.,..,... at the request of County ,Auditor (Signed) TRACT A: INGRESS, EGRESS AND UTILITIES EASEMENT TRACT A. INGRESS. EGRESS AND UTILITIES EASEMENT TRACT A IS A PRIVATE JOINT USE INGRESS, EGRESS, AND UTILIT1E5 TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 9 ,AND FUTURE PHASES OF THE OSTERLY PARK TOWNHOMES, AS APPROVED UNDER TUKWILA FILE NUMBERS L08-079 AND L12-0005, 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, RESTRICTION'S, EASEMENTS AND AGREEMENTS FOR THE OSTERLY PARK TOWNHOMES UNDER KING COUNTY RECORDING NUMBER 20160308000498, DRIVEWAY EASEMENTS A, PRIVATE 24 -'00€ DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES 1 11 AND 12, FCR OETALED MAINTENANCE 'RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS; THAT PORTION OF LOTS 9, 10, 11 AND 12 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE TWO) CITY OF TUKWILA FILE NC. LO8-079, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9, PLAT OF OSTERLY PARK TOWNHOMES (PHASE TWO); THENCE NORTH O1'09°52" EAST„ ALONG THE WEST LINE O+ SAID LOT 14, 12,00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88'5O'22" EAST 41.9,3 FEET; THENCE SOUTH 01'09'35"" WEST 24.0E FEET; THENCE NORTH 88'50'22' WEST 41.94 FEET TO THE WEST LINE CF SAID LOT 11; THENCE NORTH 01'09'.52" EAST 24:00 FEET TO THE TRUE POINT OF BEGINNING B, PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT CF TOWNHOMES ON 13, 14 AND 15. FOR DETAILED IANTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER_r�___�a�®m�= LEGAL DESCRIPTION AS FOLLOWS;. THAT PORTION OF LOTS 1,3, 14 AND 15 OF THE PLAT OF OSTERLY ;'ARK TOWNHOMES (PHASE TWO) CITY OF TUKWILA FILE NO, L08-079, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13, PLAT OF OSTERLY PARK TOWNHOMES (PHASE TWO), THENCE NORTH 88'50'22" WEST, ALONG THE NORTH LINE OF SAID ;LOT 13, 10.00 FEET TO THE TRUE POINT Or BEGINNING, THENCE CONTINUING NORTH 68'50'22' WEST 42.42 FEET TO A POINT ON A CURVE WHICH BEARS SOUTH 79'57.05" EAST 40,00 FEET FROM THE CENTER POINT OF SAID CURVE; THENCE ALONG THE ARC OF SAID CURVE IN A SOUTHWESTERLY DIRECTION W'TH A RADIUS OF 40.00 FEET AND AN ARC OF 27,99 FEET; THENCE SOUTH 88'50'22' EAST 55.69 FEET; THENCE NORTH 01'09'38" EAST 24,00 FEET TO THE TRUE POINT OF BEGINNING, TRACT C: RECREATION TRACT OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT C SHALL :BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION; LEGAL DESCRIPTION FOR TRACT 9, A RECREATION TRACT: THAT PORTION OF THE LOT 3, BLOCK 2, ADAM'S HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 87'32'19" WEST, ALONG THE SOUTH LINE THEREOF, 8,60 FEET TIT THE TRUE POINT OF BEGINNING; THENCE NORTH 8732'19" WEST, ALONG THE SOUTH LINE THEREOF, 40,00 FEET; 'THENCE NORTH 62159'12" EAST 41/01 FEET; THENCE SOUTH 87132'24T EAST 23,20 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE ;_EFT IN A NORTHERLY DIRECTION WITH A RADIUS OF 4100 FEET AN ARC OF 15.87 FEET; THENCE SOUTH O1'09'38` WEST 43.12 FEET TO THE TRUE POINT OF BEGINNING. TRACT a RECREATION TRACT OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT B SHALL BE THE OSTERLY PARK TOWNHOLIES HOMEOWNERS ASSOGATI0Ni; 'TRACT 8 RECREATION TRACT PER PLAT OF OSTERLY PARK, TOWNHOMES PHASE ONE KC REC, NO. 20160308000498, VOL, 272/59-62 LAND SURVEYOR'S CER T IF CATF This map correctly represents a survey mode by me or under my direction in conformance with the requirements ai y R- or�lfn equest of W SIDE W IF EASEMENTS RECORDING NO, VC..JPA.GE Washington A. PRIVATE j:' FOOT SIDEWALK EASEMENT FOR THE BENEFIT 4F TOWNHOMES '3, 14 AND 15, FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS. AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER THAT PORTION OF LOTS 14 AND 15 AND TRACT C OF THE PLAT OF OSTERLY PARK TOWNHDMES (PHASE TWO) CITY OF TUKWILA FILE NO, L08-079, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NORTH 01109'38" EAST, ALONG THE WEST LINE OF SAID LOT 15, 15.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87'49'57 EAST 45.33 FEET; THENCE NORTH O1"09'38' EAST 4,00 FEET; THENCE NORTH 87149'57 WEST 45,33 FEET TO THE WEST LINE OF SAID LOT 15; THENCE NORTH 01'09'38" EAST, ALONG SAID WEST LINE, 23.59 FEET TO A POINT ON A CURVE WHICH BEARS SOUTH 20'16'20" EAST 40.00 FEET FROM THE CENTER POINT OF CURVE; THENCE ON A CURVE IN THE SOUTHWESTERLY DIRECTION WITH A RADIUS OF 40,00 FEET AND ARC OF 4.22 FEET; THENCE SOUTH 0"O9'38"WEST 26,18 FEET, THENCE SOUTH 87''4 5:77y EAST 4.00 FEET TO THE TRUE POINT OF BEGINNING. B. PRIVATE;' FOOT SIDEWALK EASEMENT FOR FHE BENEFIT OF TOWNHOMES 11 AND 12. FOR 'DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS„ CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THE SOUTH 6.00 FEET OF LOT 11 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE TWO) CITY OF TUKWILA FILE NO. L08-079, RECREATION EASEMENTS RECREATION EASEMENT A: THAT PORTION OF LOTS 18 AND 19 OF THE PLAT OE OSTERLY PARK TOWNHOMES (PHASE TWO) CITY OF TUKWILA FILE NO, LOS-C79, DESCRIBED AS FOLLOWS, THE WEST 10.00 FEST OF THE NORTH 30,90 FEET OF LOT 18 AND THE EAST 10.00 FEET OF THE NORTH 30.00 FEET OF LOT 19. DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER RECREATION EASEMENT B. THAT PORTION OF LOTS 21 AND 22 OF THE. PLAT OF OSTERLY PARK TOWNHOMES (PHASE TWO) CITY OF TUKWILA FILE NC. L08-079, DESCRIBED AS FOLLOWS; THE WEST 10.0C FEET OF THE NORTH 30.00 FEET OF LOT 21 AND THE EAST 10,C0 FEET OF THE NORTH 30,00 FEET OF LOT 22. DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE CONVENTS, CONDITIONS, AND RESTRICTIONS LINDER KING 601187Y RECORDING NUMBER PROPERTY NOTES ]. THE UNIT LOTS ARE NOT SEPARATE BUILD ABLE LOTS, AND ADDITIONAL DEVELOPMENT ON 785 INDIVIDUAL UNIT LOTS MAY BE LIMITED AS A RESULT CF THE APPLICATION OF DEVELOPMENT TO THE PARENT LOT. DEVELOPMENT SHALL BE PER THE APPROVED DESIGN REVIEW RECEIVED FROM THE CITY OF TUKWILA UNDER FILE NUMBER r A#46i B L 4- 1 /b 4,5 2, AL1, HOMES SHALL HAVE FIRE SUPPRESSION SPRINKLER SYSTEMS INSTALLED. 3, 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 EQUIPMENT) 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. 6),CV', AVW. /'</+Pl` 6 7 R —✓9'5fA4,s-47—Jr ✓ ar 5!k"EE L.4// .MN:s f- 'r1 c7, .34 i*M'I ;.E s_ S C,2 to et G//i/J% ✓.,%-•-r r: SF,w, J4, CG-21,. Garen Aa e/u.G( r Pam..° P,F fin<esifer SHEET' OF •,d' SGHRGETER LAND SURVEYING PROFESSIONAL LAND SURVEYCRS F113, Sea.€'r,ars t. Vashington 99062 12061 242-6621 DATE: 12/6/18 JOB NO, 530 4 DRWN BY LAW REVISED 5 10/19 CITY OF TUKWILA FILE NO. L08-079 City of Tukwila Department of Community Oeveitrpment 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (208) 431-3670 FAX (206) 431.3665 LOT A. TRACT AREAS TRACT © 12,113 sf ± or 0.28 acres LOT 9 m 1.243 sf cr 0.03 acres LOT 10 = 1,613 sf or 0,04 acres LOT 11 = 1,209 sf or 0.03 acres LOT 12 = 1,679 sf or 0,04 acres LOT 13 = 2,231 sf or 0.05 acres LOT 14 = 1,517 sf or 0,03 acres LOT 15 = 1,130 sf or 0,03 acres LOT 15 880 sf or 0,02. acres LOT 17 880 sf or 0,02 acres LOT 18 = 1,280 sf or 0_03 acres LOT 19 1,280 sf or 0.03 acres LOT 20 880 sf or 0.02 acres LOT 21 = 1,280 5f or 0,03 acres LOT 22 = 1,200 sf or 0,03 acres LOT 23 = 1,120 sf or 0_03 acres RECREATION TRACT C = 1,590 sf cr 0. RECREATION EASEMENT A = 6C0 sf or RECREATION EASEMENT B 6C0 sf or LOT ADDRESSES LOT 9 14410 34TH LN S: LOT 10 LOT 11 LOT 12 LOT 1.3 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 14412 34TH LN S. 14414 34TH LN S. 14416 34TH LN S. 14422 34TH LN 5, 14420 34TH LN S. 14418 341-H LN S, 3427 5, 144TH LN 3423 5, 1441H LN 3419 S. 144TH LN 3415 S. 144TH LN 3411 S. 144TH LN 3407 5, 144TH LN 3403 5. 144TH LN 3401 S. 144TH LN S87'3 30, C' N87'32'24"W 30.00's SURVEY NOTES Pia City of Tukwila of Osteriy Park Townhomes (PHASE TWO) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington 1. Field data for this survey was obtained by direct field r ecsure n Angular and linear relationships were measured with o six second t and electronic measuring device, supplemented by a steel tape, Thi meets or exceeds the standards contained in. WAC 332-130-090, 2. Basis of Bearing of this survey are monuments found at the intersection of 42nd Ave. South/South 144th Street and 42nd Ave, South/South 148th Street_ 3, REFERENCES: PLAT OF OSTERLY PARK T0W'NHOMES, 272/062 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 4, BASIS OF BEARING 13 THE PLAT OF 05TERLY PARK TOWNHOMES (PHASE ONE) RECORDED UNDER KING COUNTY RECORDING N0, 2016030E1000498, VOL 272/59--62, 04 acres 0,01 acres 0,01 acres GRAPHIC SCALE ( IN FEET ) 1 inch = 20 It 5' 'EASEMENT FOR TELEPHONE, POWER AND CAELE TV REC. NO, 9208282226, 9302031960 & 9302031961. i5' SEWER AND WATER LINE EASEMENT KC REC, NO. 9606061070 TL 0040000087 sEA TT _KC. RECREATION EASEMENT S AUDITOR'S CERTIFICATE .................n.. fled far record this..,,.,..._day of,..,.-.,,,20,,.,,.,at,,,.,,M in t>ook.,.,.,,,.,of.,,...,,at page...,,..,, at the request. of County Auditor (Signed) y PUGET SOUND ENERGY EASEMENT REC. NO, 20150129001483 IS OVER, UNDER, ALONG, ACROSS AND THROUGH THE EAST 65.15 FEET OF LOT 4, CENTERLINE DESCRIOED AS "AS CONSTRUCTED" BLOCK 2 TL 0040000086 10' PRIVATE SANITARY SEWER EASEMENT REC_ #20150924001085 I TRACT 6 RECREATION TRACT PER PLAT OF OSTERLY PARK TOWNHOMES PHASE ONE 4 KC REC. 90, 20160308000498, VOL, 272/59-62 I TrQCts 11/31 14422 THIRTY FOURTH SOUTH CONDOMINIUM VOL. 47/68-90 TL 6391100005 --22' INGRESS, EGRESS AND UTILITIES v�J77>' EASEMENT KC REC NC. 6.378494 E CITY LIGHT EASEMENT . NO.-20110420000543 _ - _ _. _ . , - ._ JAi3i<3 TRACT D: INGRESS, EGRESS AND UTI • 587'32"24"E , 245.20' 32.00' 70.60 RECREATION EASEMENT A 2, 00' LAND SURVEYOR'S CERTIFICATE' p correctly represents a survey made by my direction in conformance with the ..rdi 't Surv. - Re +r'ding • NEW ,PRIVATE;4' SIDEWA, 1 !EASEMENT (.8) R=40,0d 22.00' - 23.20 - L�-1' 32,00' 20,00' N 7`33'5 - 0' 20,41' S8 LOT LOT 5 LOT 2 LOT 6 Water Line Easement Rec. No. 20151007001218 51,92' 88'50' 22"E N87133`54"W 57, 94' 14424 THIRTY FOURTH SOUTH CONDOMINIUMt VOL.47/91-93 t I 22.00' 22,00' 219E -SEAT TLE CITY LIGHT EASEMENT$' REC. NO. 20190313000301 LOT 24 at 0 f1 10 Drainage Easement per KC Rec,. No, 63 9966 Private ingress, egress and — ;I Utilities Easements Rea. No. I 2013100 1001350 Seattle City Light Ea sement_588'50'Sl8'"1`I Rec. No, 20170420000543 ROADWAY EASEMENT . KC REC_ NO. 20180927001053 N87'33'11 "-W 73,08' (NEW) LOT 3 LOT 7 a2 W 4,0. VOL, /PA LOT 4 LOT 8 NORTH LINE LOT 9 PLAT OF OSTERLY PARK TOWNHOMES (PHASE 1) N88°50'22"w 26.00' 0.22"E " S68'S0 a 50'22"w 4.00' 43' = I 25,99'_ 32,00 1488'50' 22' W eve Private 24' drlreway easement- '09"52'w a587/49'57"E 8' 24' driveway easement (A) 5 o is ttJ 13, 0 10 0 Vi SHEET 3'©F 4- SCHROETERI■I"!LAND SURVEYING PROFESSIONAL LAND SURVEYORS f'I3 Box 613, ieeh;,rst„ Washtngtan 98062 t266> 2.42--6621 ©ATE: 12/6/1 JOB N F1EL ECT N RWN BY LA REVISED 7/10/19 CITY OF TUKWILA FILE NO. L08-079 City of Tukwila Department or Community 0 elopment 6300'Southcenter Boulevard, Tukwila, WA 98188 Telephone (205) 431-3670 FAX (206) 431-3865 30' JO' GRAAtC SCALE ( 1N FEET ) t. inch = 29 tL City of Tukwila Plat of Osteriy Park Townhornes (PHASE TIMO) 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 TRACT B, RECREATION EASEMENTS, DRIVEWAY AND SIDEWALK EASEMENTS LOCATION SEWER AND WATER LINE EASEMENT KC REC, NO, 960606107C i5 SEWER ANC WATER LINE EASEMENT KC REC, NO. 960606107C TL 0040000087 NOT IN PLAT PUGET SOUND ENERGY EASEMENT-, REC, NO. 20150129001483 15 OVER, UNDER, ALONG, ACROSS AND THROUGH THE EAST 65.15 FEET OF LOT 4. CENTERLINE DESCRIBED AS "AS CONSTRUCTED" TL 0040000086 4 TRACT B TEMP, RECREATION TRACT PER PLAT OE OSTERLY PARK TOI.NHOMES PHASE ONE KC REC, NO. 20160308000498, VOL, 272/59-62 is NOT IN PLAT 14422 THIRTY FOURTH SOUTH CONDOMINIUM VOL. 47/88-90 TL 6391100005 2' INGRESS, EGRESS AND UTILITIES EASEMENT KC RED, NO. 6378494 `SEATTLE city LIGHT EASEMENT KC REC. NO, 20110420000543 SOUTHWEST CORNER LOT 3 ADAMS HOME TRACTS, VOL, 1/31 filed for record this.......,,.,day ©f.,,,...,,,20......,©t_.,..,M in book. ..,,.....of..,,,..„at pcge..,.,..:,at the request of County Auditor I 1 TRACT D: INGRESS, EGRESS AND UTI RECREATION EASEMENT B N87'32'2,{"w 245.20 7`32'i 9"E LOT 1 I LOT 2 LOT 3 LOT 5 51,92' S88'50'22"E N8733'54"W 51,94° 14424 THIRTY FOURTH SOUTH H CONDOMINIUM VOL 47/91-93 LOT 24 LOT 6 5.22 587 "33'54"`E- 20180927001053 ( 7,00' NEW ROADWAY EASEMENT --- (TO 8E PART OF TRACT C) ROADWAY EASEMENT KC NEC. NO.S88'S0'08'E1 TIES TRACT RECREATION EASEMENT LAND SURVEYOR'S CERTIFICATE This map correctly represents a survey mode by under my direction in conformance with the Y rdinc Act ct the equest of CNo. R = 4C.0 ' L = 4.22' 3_ 4,0 S87'49' 5 7"E .22° 16.7 "50'QS E S87'49'S7 0 Q w LINE LOT 7 LOT4 LOT 41,93' `New Private 24' 6 driveway easement rev (A) NSS'50'22'°W 4 ,94° I` 0 NEW PRIVATE 4' SIDEWALK EASEMENT (E) v7 LOT 9 TERLY PARK (PHASE 1) '4 mow 5 R = 40,00 L = 4.02' 88'SC'22" 01' 26,43' ` 42,42 58 '5O'220E Eriv9te 24' eeay easement = 27,99') 55,60 '• S85'50'2"E 1--NEW PRIVATE 4' SIDEWALK EASEMENT (A) SHEET/1' OF , SCHROETER LAND SURVEYING PROFESSIONAL LAND SURVEYORS FIELD DATE 11 1 t 07 REVISED 6/10/19 ATTACHMENT C When Recorded, Ref11177 to: 144'1' Street REO Partners, LLC 4701 SW Admiral Way. #190 Seattle, WA 98116 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES Grantor: /441/? St REO Partners, LLC and/or Michael D. Overbeck and Mengstab Tzegai Grantee: 144'1' Street RED Partners. LLC Legal Description (Abbreviated): Osterly Park ToWnhomes. Lots 1 through 24 Complete on: EXHIBIT A Assessor's Tax Parcel ID #: 6433600100_6433600090,0040000083.6391110000 6433610240 6433600010.6433600020.6433600030.6433600040,6433600050.6433600060, 6433600070.6433600080 Reference Nos. of Documents Released or Assigned: 127 ARTICLE 1 DEFINITIONS TABLE OF CONTENTS 1.1. WORDS DEFINED•...•••••••••••••••• PAGE • 1 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION.— .......... .00 4 ARTICLE3 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........................ . 4.5. PROFESSIONAL MANAGEMENT ....... •....•••••••..... •••••••.".... ••••••••••••••••••••... ARTICLE 5 ASSOCIATION FINANCES••••••••••••••••• ..8 8 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES•••••• .................•.•....•••• 9 5.2. BUDGETING FOR RESERVES 10 5.3. SPECIAL ASSESSMENTS...... ..:......:...:: :, 10 5.4. SPECIFIC ASSESSMENTS:.......: 10 5.5. AUTHORITY TO ASSESS OWNERS.. . . ............... ..... ........ ............................... 10 5.6. TIME OF PAYMENT................... ... ...... ....._ .............................. 10 5.7. OBLIGATION FOR ASSESSMENTS • 11 5.8. LIEN FOR ASSESSMENTS . ........... ................•............ •..•.........•12 5.9. EXEMPT PROPERTY 12 5.10. CAPITALIZATION OF ASSOCIATION ••••••••••••••••••••••••••••••••••••••••• 12 ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON, AREAS TO ASSOCIATION................................................................•..... 13 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS 13 6.2. ASSOCIATION'S RESPONSIBILITY FOR EXTERIOR MAINTENANCE 13 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS. _....._..... ....... ... ....__...... 14 6.4. OWNER'S RESPONSIBILITY ......••••••••••••• ••••••• •••••••••••••... • 14 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION••• 15 ARTICLE 7 USE RESTRICTIONS AND RULES •••••• 15 Osterly Park Townhomes Declaration Table of Contents -page i 128 7.1. GENERAL 7.2. RESIDENTIAL USE ••••••••• •••••••••••••••••••••••••••• 7.3. ARCHITECTURAL STANDARDS 7.4. SIGNS 7.5. OCCUPANTS BOUND 7.6. NUISANCE...... 7.7. SUBDIVISION OF LOT 7.8. FENCES 7.9. AIR-CONDITIONING UNITS 7.10. LIGHTING •••••••......................................................... 7.11. MAILBOXES 7.12. PARKING. .:. ................ ..............:.. :, :. 7.13. PETs........._._................._.................._... 7.14. GARBAGE .............. •.•..... ........ ............ . ... ............ 7.15. EXTERIOR SECURITY DEVICES •••••• •••• 7.16. EXTERIOR AREAS OF LOTS ............. ••••• ••••••••••••••••• 7.17. LANDSCAPING •••••• ARTICLE 8 INSURANCE • 8.1. ASSOCIATION INSURANCE •....... •••......••• •. 8.2. PAYMENT AND ENDORSEMENTS ••••••••••••• 8.3. OWNER'S INSURANCE ••••••••••.....••••••••••• ..•••.• 8.4. RECONSTRUCTION ••••••• ARTICLE 9 EASEMENTS 15 15 15 17 17 17 18 18 18 18 18 18 18 19 19 19 19 19 19 20 20 21 21 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG •••••••• 21 9.2. EASEMENTS FOR USE AND ENJOYMENT. ... •.•.... ....... .•••••••••••• 21 9.3. GRANT OF EASEMENT FOR UTILITIES ••••••. 22 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS ....... •.... •••• 23 9.5. EASEMENT FOR MAINTENANCE •••••••••••••••••••••••••••• 23 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT••••••••••••••• 23 ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES ••• 25 10.1. GENERAL RULES OF LAW TO APPLY 25 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION •••••••••• 25 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND •••••••••• 25 ARTICLE 11 CONSENSUS FOR ASSOCIATION LITIGATION •••• 25 ARTICLE 12MORTGAGEE 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 129 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. 28 13.8. 28 13.9. BOOKSANDRECORDS 29 13.10. 29 13.11. NOTICE OF SALE, LEASE OR ACQUISITION 30 13.12. AGREEMENTS 30 13.13. IMPLIED RIGHTS....... ..... ..................... ........... .... ......................... 30 13.14. VARIANCES. _ ................. .... . .. . .. . ... ............. ..... .............. ........._. 30 13.15 STORM DRAIN MAINTENANCE PLAN .. .. .. 54 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F LEGAL DESCRIPTION DESCRIPTION OF COMMON AREAS EASEMENT FOR VEHICULAR ACCESS [Lots 1, 2, 5, 6] EASEMENT FOR VEHICULAR ACCESS [Lots 3, 4, 7, 8] EASEMENT FOR VEHICULAR ACCESS PHASE II [Lots 9,10,11,12] EASEMENT FOR VEHICULAR ACCESS PHASE II { Lots 13,14,15} EXHIBIT G STORM DRAIN MAINTENANCE PLAN Oster/y Park Townhomes Declaration Table of Contents -page iii 130 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 2019, and is made by Michael D. Overbeck. and/or 144th Street RkO Partners. LLC, (the -Declarant.). and Mengstab Tzegai. 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 twenty three (23 ) town-hornes. Full build out of the Community will include 23 townhomes and the renovation of one multi -family building owned by Mengstab Tzegai. 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 protectiml, the value and desirability of, and which shall run with the title to, the Pi operty. and shall be binding on all persons having any riaht, title or interest in all or any portion of the Property, their respective heirslegal representatives. successors. successors -in -title and assigns and shall inure to the benefit of each and every owner of all or an portion thereof. Osterly Park Townhonles Declaration page 5 131 ARTICLE1. DEFINITIONS 1.1. WORDS DEFINED. THE FOLLOWING WORDS, WHEN USED IN THIS DECLARATION (UNLESS THE CONTEXT SHALL PROHIBIT), SHALL HAVE THE FOLLOWING MEANING Oster/y Park Townhomes Declaration Table of Contents -page iii 132 1.1.1. "Association" shall mean the Osterly Park Townhomes Homeowners 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 and tracts which the Association owns or leases or in which it otherwise holds possessory or use rights, all for the common use and enjoyment of the Owners including, without limitation, those areas and facilities described on attached EXHIBIT B. 1.1.5. "Common Expenses" shall mean expenditures made by, or financial liabilities of, the Association which are related to the Common Areas and the general operation of the Association, including, without limitation, maintenance and repair of certain exterior portions of the residential improvements constructed on the Lots as provided herein, certain utilities and systems serving such improvements, landscaping maintenance for the Lots and allocations to reserves. 1.1.6. "Community" shall mean and refer to the lots and common areas contained in the final subdivision plats recorded with King County for Phase I and Phase II of the Osterly Park Townhomes, 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 144'1' 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. Mengstab Tzegai, while also a Declarant is non -voting and shall not have any rights to control the CCRs or the Homeowner's Association. Osterly Park Townhomes Declaration page2 133 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 page3 134 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. The owner of Lot 24, "Mengstab Tzegai" does not have any voting rights, may not withhold consent, and is a limited non -voting member. Osterly Park Townhotnes Declaration page4 135 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. Qualffication. 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. Lot 24 shall not have any voting rights. 3.2.2. Transfer. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon transfer of the title to said Lot, and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner of such Lot. 3.3. VOTING. 3.3.1. Number of Votes. The Association shall have two classes of voting membership: Osterly Park Townhomes Declaration page5 136 (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. Lot 24 shall remain anon -voting member. 3.3.2. Voting Owner. There shall be one (1) voting representative of each Lot, excluding Lot 24 which shall be non -voting. 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 page6 137 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS. 3.4.1. Annual Meetings, Audits. There shall be an annual meeting of the Owners in the first quarter of each calendar year, or such other fiscal year as may be adopted by the Association, at such reasonable place and time as may be designated by written notice of the Association delivered to the Owners no less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. At the annual meeting, there shall be presented a report of the itemized receipts and disbursements for the preceding fiscal year, and allocation thereof to each Owner, and the estimated expenses, if any, for the Association for the coming fiscal year. Any Owner, at the Owner's own expense, may at any reasonable time make an audit of the books of the Association. 3.4.2. Special Meetings. Special meetings of the Owners may be called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the Owners, or for any other reasonable purpose. Such meeting shall be called by the petition of Owners holding not less than 10% of the Class A votes or as otherwise provided in the Bylaws. Such notice shall be delivered not less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting and, in general, the matters to be considered. 3.4.3. Quorum Requirements for Association Meeting. At all meetings of the Owners, 25% of the Owners present in person or by proxy shall constitute a quorum. A majority of Owners present and entitled to vote, either in person or by proxy, shall be sufficient for the passage of any motion or the adoption of any resolution, except in connection with amendment or repeal of this Declaration. If the required quorum is not present, another meeting may be called subject to the requirement of written notice sent to all members at least ten (10) days in advance of such meeting. In the absence of a quorum of a members' meeting, a majority of those present in person or by proxy may adjourn the meeting to another time but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date. 3.5. BYLAWS OF ASSOCIATION. 3.5.1. Adoption of Bylaws. Bylaws for the administration of the Association and the Property, and for other purposes not inconsistent with the intent of this Declaration shall be adopted by the Declarant as the original Owner of the Lots. Subsequent amendments may be adopted by the Association as provided therein. 3.5.2. Bylaws Provisions, The Bylaws shall contain provisions substantially as provided for in this Article 3 and in Article 4, and may contain supplementary, not inconsistent, provisions regarding the operation and administration of the Property. The Bylaws shall establish the provisions for quorum, ordering of Osterly Park Townhomes Declaration page7 138 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. Osterlv Park Townhomes Declaration page8 139 4.3.5. Maintenance/Repair. Performing and paying for maintenance, repair, replacement of Common Areas and Exterior Maintenance. 4.4. BOARD ORGANIZATION AND OPERATION. 4.4.1. Election of Board of Directors and Terms of Office. Upon expiration of the Declarant Control Period, the Owners shall elect two (2) Directors for two (2) year terms and one (1) Director for a one (1) year term to assure that the expiration dates for the term of the Board members are staggered. Thereafter, all Directors shall be elected for two (2) year terms. 4.4.2. Vacancies. Vacancies in the Board caused by any reason other than the removal of a Board member by a vote of the Association shall be filled by vote of the majority of the remaining Board members, even though they may constitute less than a quorum; and each person so elected shall be a Board member until a successor is elected at the next annual meeting of the Association. 4.4.3. Removal of Board Members. At any regular meeting or at any special meeting called for that purpose, any one or more of the Board members may be removed with or without cause, by a majority of all of the Owners, and a successor may then and there be elected to fill the vacancy thus created. Any Board member whose removal has been so proposed by the Owners shall be given an opportunity to be heard at the meeting. Notwithstanding the above, until the organizational meeting, only Declarant shall have the right to remove a Board member. 4.4.4. Organizational Meeting. The first meeting of a newly elected Board shall be held immediately following the annual organizational meeting of the Association, and no notice shall be necessary to the newly elected Board members in order legally to constitute such meeting. 4.4.5. Regular Meeting. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the Board members, but at least two such meetings shall be held during each fiscal year and one such meeting shall be held immediately following the annual meeting of Owners. Notice of regular meetings of the Board shall be given to each Board member as and when provided in the Bylaws. 4.4.6. Special Meetings. Special meetings of the Board may he called by the President or at least two Board members with notice given to each Board member as and when provided in the Bylaws. 4.5. PROFESSIONAL MANAGEMENT. Any contract with a professional manager for the Community (i) shall have a term no longer than one (1) year, (ii) may be renewed by agreement of the Association and the manager for successive one (1) year Osterly Park Townhomes Declaration page9 140 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, except Lot 24 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. Notwithstanding this Section, it is understood that Lot 24, "Mengstab Tzegai" and/or his successors and/or assigns shall be permanently exempt from any Associations, costs, charges, assessments, maintenance, or any other financial obligations to the Association in exchange for his contribution of land to the tract. 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. Osterly Park Townhomes Declaration page 141 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 page 142 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. Lot 24 is exempt from any assessments. 5.6. TIME OF PAYMENT. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Lot and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, annual assessments Osterly Park Townhomes Declaration Pagel C 143 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 attorneysfees, 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, except Lot 24. 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 Townhontes Declaration page 13 144 during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least sixty (60) days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Declarant Control Period, Declarant shall pay assessments on its unsold Lots in the same manner as any other Owner. 5.8. LIEN FOR ASSESSMENTS. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law) and costs of collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior and (b) the lien or charge of any recorded first Mortgage (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and judicial or non judicial foreclosure. 5.8.1. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. 5.8.2. Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any subsequent assessments. However, the sale or transfer of any Lot pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Lot shall not be personally liable for assessments on such Lot due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Lots subject to assessment under Section 4.6, including such acquirer, its successors and assigns. 5.9. EXEMPT PROPERTY. The following property shall be exempt from payment of Base Assessments and Special Assessments: (a) Any property dedicated or conveyed to and accepted by any governmental entity or public utility; and (b) Property owned by the Association for the common use and enjoyment of such Associations' members. 5.10. CAPITALIZATION OF ASSOCIATION. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by or on Osterly Park Townhomes Declaralion page 12 145 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 are identified on Exhibit B. 6.1.1 ASSOCIATION'S RESPONSIBILITY FOR STORM DRAINAGE SYSTEM. The storm drainage system was installed under Public Works permit number PW18-0096 and should be maintained to the current Operations and Maintenance Standards of the City of Tukwila. See Exhibit G, Storm Drainage Maintenance Plan. Lot 24 is responsible for its separate storm drainage plan per recorded document #xxxxxtbd in King County records. Lot 24 has an emergency overflow for additional capacity. 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. Inparticular, except as otherwise provided by law, no solar panel, radio or television antenna, satellite dish or other appliance may be installed on the exterior of a Townhome without the prior written consent of the Board which shall not be unreasonably withheld. The Owners shall not repaint, reroof or replace the glass or screens in the windows or doors of their Townhomes except with materials of similar color and quality to those originally installed or as otherwise approved pursuant to Section 7.3. 6.2.3. Exterior Maintenance shall be performed at such time as the Board considers necessary to preserve and protect the appearance and condition of the Townhomes within the Community. Osterly Park Townhomes Declaration page 13 146 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 Osterfy Park Townhomes Declaration page 14 147 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. 6.4.4 MAINTENANCE OF RETAINING WALLS. Each unit owner of Lots 1 thru 23 shall pay an equal pro rata share of the maintenance and repair expenses for all retaining walls in the subdivision. 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. Osterly Park Townhomes Declaration pagel5 148 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 page 16 149 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, and L18-0065. Any major changes to the development shall be reviewed by the City. 7.3.1. The ARC will review submittals as to the quality ofworkmanship 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. 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 pagel5 150 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. However, Lot 24 shall be subject to and governed by the same rules and regulations as all other members controlled by Section 7. 7.4. SIGNS. Except as otherwise provided by RCW 64.38.034, no sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Board. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs. "For Sale" and "For Rent" signs and security signs consistent with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. The provisions of this Section shall not apply to any Person holding a Mortgage who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first Mortgage or as transferee pursuant to any proceeding in lieu thereof. 7.5. OCCUPANTS BOUND. All provisions of the Governing Documents which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants even though Occupants are not specifically mentioned. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 7.6. NUISANCE. Except for the exterior maintenance responsibilities of the Association, it shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on his or her Lot. No property within the Community shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort or serenity of the Osterly Park Townhomes Declaration page 17 151 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, armoyance, or nuisance to any Person using any property within the Community. No plant or animal or device or thing of any sort shall be kept on any Lot whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law. 7.7. SUBDIVISION OF LOT. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right to replat any Lot or Lots owned by Declarant. Any such division, boundary line change or replatting shall not be in violation of the applicable subdivision and zoning regulations. 7.8. FENCES. Except as originally installed by Declarant, no fence or fencing type barrier of any kind shall be placed, erected, allowed or maintained upon any portion of the Community, including any Lot, without the prior written consent of the ARC. 7.9. AIR-CONDITIONING UNITS. Except as may be permitted by the ARC, no air-conditioning units may be installed. Installation of any permitted air-conditioning unit shall be performed by a professional air-conditioning contractor licensed and bonded in the State of Washington. 7.10. LIGHTING. Except as may be permitted by the ARC, exterior lighting visible from the street shall not be permitted except for (a) approved lighting as originally installed on a Lot or (b) seasonal decorative lights, subject to such restrictions as may be established by the Board. Common payment and maintenance shall be shared equally. Lighting hours of operation will be from 9pm to 6am. 7.11. MAILBOXES. All mailboxes serving the Lots shall be clustered in a kiosk style as originally installed by Declarant or as otherwise approved by the ARC. 7.12. PARKING. Unless kept within a garage, no inoperable vehicle, recreational vehicle, house trailer, mobile home, boat, trailer or commercial vehicle shall be parked within the Community overnight. In addition, no parking shall be allowed on the private streets within the Community at anytime, except within on -street guest parking spaces as shown on the Plat of Osterly Park Townhomes. Guest parking spaces are reserved for guests visiting an occupant or owner of a residence in the Osterly Park Townhomes; no owner or occupant of any townhome may park in the guest parking spaces. Guests shall be limited to a maximum parking time per space of 24 hours. 152 7.13. PETS. No more than two (2) household pets may be kept on a Lot at anytime and then only when in compliance with rules and regulations adopted by the Board. The Board may at anytime require the removal of any such pet that it concludes is disturbing any other Owner through noise or other behavior. The Board may exercise Osterly Park Townhomes Declaration page 19 153 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. 154 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 Townhontes Declaration page 21 155 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 156 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 areas described in Exhibit B. 9.2.2. Any Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the occupants of such Owner's Lot, if leased. 9.3. GRANT OF EASEMENT FOR UTILITIES. The following easements with regard to utilities serving the Community are hereby granted and declared by Declarant. 9.3.1. Declarant declares that electrical power wires, natural gas pipelines, cable wires, water pipelines and plumbing pipelines which provide services to the Lots were installed within the Townhomes at locations which are not clearly identified on any map or plan. Such wires, pipes and lines were installed between the floor or ceiling joists and/or in the party wall in accordance with applicable building and electrical codes. Declarant grants an easement for utility purposes over and across each Lot where each such wire, pipe and/or line currently lies in favor of the Lots served by such wires, pipes and/or lines. In the event any repair or replacement of any such wire, line or pipe is required by any Owner and such repair or replacement requires entry into another Owner's Townhome, the "Consenting Owner" (i.e., the Owner of the Lot which will be entered) agrees to grant reasonable rights of entry for such purposes and further grants such other Townhome Owner the right to make such repairs or replacements from within such Consenting Owner's Townhome, on condition that the Owner in need of such entry and such work pays the cost of such work and restores the Consenting Owner's Townhome to the same condition it was before such entry and work therein. This provision is intended to be interpreted in favor of the Consenting Owner who must grant entry for such purposes and shall be liberally interpreted to ensure that a Consenting Owner is not damaged by such work. 9.3.2. Declarant grants an easement for water, drainage pipes and related equipment which form a part of the drainage and retention system which services the property, electric power, cable, natural gas, telephone, over, under and across the Lots and Common Areas, as constructed, in favor of the utility suppliers serving the Community. The intent of this easement is to allow the suppliers of such utility services (and the Association with respect to the drainage and retention system) a reasonable right to access and right to make necessary repairs and replacement of component parts of the utility service systems. The Owners who benefit from any work in such utility easement area shall bear the cost of such repair and replacement and are obligated to restore the ground surface or the side of the structure to the same condition it was prior to such utility repair or replacement. Osterly Park Townhornes Declaration page 23 157 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, 158 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 C 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 D attached hereto and incorporated herein by this reference. 9.8.3. Phase II Lots [9], [10) and [11},[12] 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 Phase II Lots [9], [10) and [11),[12] legally described on Exhibit E attached hereto and incorporated herein by this reference. 9.8.4 Phase II Lots [13), (14) and [15} 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 Phase II Lots [13), (14) and [15), legally described on Exhibit F attached hereto and incorporated herein by this reference. Osterly Park Townhomes Declaration page 25 159 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 160 challenges to ad valorem taxation; (d) counterclaims brought by the Association in proceedings instituted against it; or (e) actions brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor. This Article shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. ARTICLE 12 MORTGAGEE PROTECTION 12.1. ABANDONMENT OF DECLARATION. Neither the Association nor the Owners shall, without consent of 75% of all first Mortgagees of record of the Lots, seek by act or omission to abandon this Declaration or cause any Lot to be removed from the provisions hereof. 12.2. PARTITIONS AND SUBDIVISIONS. Neither the Association nor the Owners shall combine or subdivide any Lot or accept any proposal to do s o without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s), so affected. 12.3. CHANGE IN ASSESSMENT METHODS, ETC. Neither the Association nor the Owners shall make any material amendment to the Declaration or Bylaws (including changes in the methods of allocating assessments among the various Lots) without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s) for which the method of assessment allocation would be changed. 12.4. COPIES OF NOTICES. Written notice that an Owner/Mortgagor of a Lot has for more than thirty (30) days failed to meet any obligation under the Declaration or Bylaws shall be given by the Association to any first Mortgagee of such Lot who has requested to so be notified. Any first Mortgagee shall, upon request, be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 12.5. EFFECT OF DECLARATION AMENDMENTS. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provisions of this Declaration conferring rights upon Mortgagees which is inconsistent with any other provisions of said Declaration or the Bylaws shall control over such inconsistent provisions. 12.6. INSPECTION OF BOOKS. First Mortgagees shall be entitled to inspect at all reasonable hours of week days all of the books and records of the Association, and, upon Osterly Park Townhomes Declaration page 27 161 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. 162 13.4. AMENDMENT. This Declaration may be amended unilaterally at any time and from time to time by Declarant, except Lot 24 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 Townhoines Declaration page 29 163 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. with respect to: 13.9.2. Rules for Inspection. The Board shall establish reasonable rules (a) notice to be given to the custodian of the records; (b) hours and days of the week when such an inspection may be made; and (c) payment of the cost of reproducing copies of documents. 13.9.3. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extra copies of documents at the reasonable expense of the Association. 13.10. FINANCIAL REVIEW. A review of the books and records of the Association shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the Board's financial statements at the annual 164 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. The Association reserves the right to limit the number of non -owner occupied rental leases in the Osterly Park Townhomes Community to allow for no more than 20% of the total number of townhomes at any one time. 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 31 165 EXECUTED as of the day and year first set forth above. DECLARANT: 144th Street REO Partners, LLC, STATE OF WASHINGTON COUNTY OF KING } ss. By: Print Name: Michael D. Overbeck Its: Managing Member On this day personally appeared before me Michael D. 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 166 EXECUTED as of the day and year first set forth above. Michael D. Overbeck, STATE OF WASHINGTON ss. COUNTY OF KING By: Print Name: Michael D. Overbeck On this day personally appeared before me Michael D. Overbeck to me known to be the individual that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such individual, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Seattle, WA Osterly Park Townhomes Declaration page 33 167 EXECUTED as of the day and year first set forth above. Mengstab Tzegai, STATE OF WASHINGTON ss. COUNTY OF KING By: Print Name: Mengstab Tzegai On this day personally appeared before me Mengstab Tzegai to me known to be the individual that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such individual, 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 168 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 Phase II: Osterly Park Townhomes Lot 9 Osterly Park Townhomes Lot 10 Osterly Park Townhomes Lot 11 Osterly Park Townhomes Lot 12 Osterly Park Townhomes Lot 13 Osterly Park Townhomes Lot 14 Osterly Park Townhomes Lot 15 Osterly Park Townhomes Lot 16 Osterly Park Townhomes Lot 17 Osterly Park Townhomes Lot 18 Osterly Park Townhomes Lot 19 Osterly Park Townhomes Lot 20 Osterly Park Townhomes Lot 21 Osterly Park Townhomes Lot 22 Osterly Park Townhomes Lot 23 Osterly Park Townhomes Lot 24 {Mengstab Tzegai} Osterly Park Townhomes Declaration 169 EXHIBIT B DESCRIPTION OF COMMON AREAS 1. The following areas are subject to Maintenance by the Association (Additional common areas may be designated by the declarant or the association pursuant to this declaration) 2. TracT B for recreation purposes, including Raised bed planters 3. Tract C for recreation purposes, including seating, landscaping g, playground equipment, and fencing 4. Tract D of ingress, egress, and Utilities: as well as landscaping strips, landscaping, sidewalks, guest parking areas, and both cluster mailboxes. 5. Recreation Easement A for recreation and landscape purposes. Including seating and raised bed planter. 6. Recreation Easement B for recreation and landscape purposes. Including seating and raised bed planter. 7. Fencing, retaining walls and signs (if any) constructed on the lines between any Common Area administered and maintained by the Association and the abutting lots. 8. Landscape strips, planter islands, planted medians, entrance landscaping and entrance monument signage for the Property. 9. Easement across all Lots for storm drainage purposes and maintenance of said stoim maintenance system. 0. Street lighting system installed by Declarant in the Property. t Sidewalks and walkway areas providing access to each lot and to recreation tracts and easements. 12. Irrigation systems serving the common areas. 13. Retaining walls constructed along north side of the S. 144th St. Osterly Park Townhomes Declaration 1 70 EXHIBIT B DESCRIPTION OF COMMON AREAS AND EASEMENTS (to be updated with recorded copy) CITY OF TUKWILA FILE NO. L08-079 Wk... 4/nei.ol DEMAlloN ACK,PWL.10 _„ ' City of Tukwila Plat of Osteny Park Townhomes (PHASE TWO) Polltbrt or the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.14., in king County, Washington TirAwLA APPROVALS PUDUC WORKS DREC tOk'S GERIVICkft a _a 7.1 e Mr+ (14. EXIS.TING t...AL.,DEsclomptia _ CALIAGEAVANER . - CERTTIOR7E. ,,,,,, •', - ,ifontoo., not ra4 Lu TPLi4 awn.; /Mt ralC DIRECTOR OF COMMUMTYDEVELOPUENT . ty KVE,r,i, TY c.111.1 ---- MIOF.iltWIAREAVlaira_GEffitiCALE :PC MAY0fL114? PPROV4L KINO.PWrilL.AFEROYALS., Kfto..cwortmAaergq...cm.r.tc,sm th 4.4.7taN, Y.04 Mttli.DEPARININT .0t,7 nue:moans E.4,0 ran., nao SilEET1 OF 4 SCHROETER ZLAND SURVEYING Osterly Park Townhomes Declaration 171 ! yeAy” ' =3, 4 .C3"3",, 33K3I 3.33 SCPJ, 731,333 EAT, 3,, 30 Mil' .r3". 44.4 ma 1' Kr. 33, '33 riACT RECFEA,TIOWIFIACT_ SFliAaepNg) "".."35 1,5", +3P4.3".0133 133..,1 Fii.,[330+ 1.3331 33 11 33. 1"3! 3' X4 M,A144.4. ,44.£ CEPTUA iCERIE,c.,7 t. SHEET 2 OF 4 SCHROETERWILAND SURVEUNC; 333.3.33C33 Osterly Park Townhomes Declaration 1 72 C!TY OF TUKWILA FILE NO. LtiT079 S LOT'TRACT AREAS 5URVEY , t t I i City of Tukwila Mat I Osterfy Park Townhoms (PHASE TWO) fro N',4, SO0C4 22 704.$11,p Pketh P"F 1. 1 nCp. W44999,919,99 1.453- 5 4444 54111 , 7 LOT ADDRESSES 4. in . C.455,4,4i 4,4 4544,4144544..t. , 1 -' , , i. 9.9119,1919944 1 4 , 1 4 [ 1 [ 0 ' 1,45t 1' 'WA WM 41. 4 tcr .. ',or, 44114 , 545 0, 43 1,45, :415i 4.4 '5 151 f4, 54,5 441114 15 1 ., .5,.. 2 - - ,4474,44,441.i4% ,4 -44,1 99" 93 1494 9 4 4 4 4,41 ,-== i1 ,311'-',.."'.3t "419`;'-"r ''''' ... , . , , 4 0 1,1 ON -5455344144 4055k151 .555.4.5TH, ' . '1 1 I Lor 24 i - ',:"4 : ',..,":", t i 901141999,91.94 .494i, 04991,1 9' rtt i;:'•?1! re:59W '''''--- '''''-' - ''''''''. '-"-- 4. - - ` '''''- vi rt. 4%54415445,4447 14.4.445{4411`44595t1H-5,&;545 - '' ''''' 4,, I :124, 1 3 - - - -ff. -:,V.V.'„"•.-...TT.,:f ::',`;'..,t.:'_...... ___ ____, ,''''2 ! ':' I II":1 "'<•:`;Y.,"71 4,-1,'Z‘,; - ' " - ^ 1 .4 1 - -- - -TRACTD: INGRESS, EGRESS AND UTILITIES TF?AGT-- _ _ - _ _ . _ _ _ 1 1 1 .' - , P . „,..61.411=,..,',9,1‘4' iti li —:e..:i:1o','; ''-'%...1 ...21-7`,:!:'°:L:' : _ ,!,.. ,,, 1 ,...1+.1j.. L. , , t rAstman 13- - RECREAEON EASEMENT A , I 7,7,0,---"- - ---.x _ , e.,..., {_BLOCK 2,1 9417.9 9,9 , Git/lItIC SCA= ,1*.ever_ 1111 rat, NORTH SHEET .2 OF 4 SeHROETERWILAND SURVEYCNG 441445/44,4445 ..44, 4,47,45 44444 5444 4,4 C441414-9-1-`,""499914 $11::-14 9 .77,7,10 Osterly Park Townhomes Declaration 173 CITY OF TUKWIA FILE NO. I.08-079 City of Tukwila 1 _ Plat of Oslady Park Townhonms (PHASE TWO) 1 ,,,,,,,,., , P4ofiAo of Ow NW IM Oitio NW AAWSocton 2Z Tommtvp 23 Nwth, N2333 , 3 , East, W M .1, 4333 County. 6322.323m122, 1 TRACT B, RECREATION EASEMENTS, DRIVEWAY AND SIDEWALK EASEMENTS LOCATION GRAPHIC ECALE UV, i i 1 I 1.4.111 , 11,04,05PA4, ". id"'" ,! i ,,. ...., i i 1 ' ,ejt r 7. 3 S 1 ! FiL ,, \IC J7,,10.,i - — 7, 4P CTCrq ' rr* ' ...f.:4 1 r" 4 ,... •,; , 4 , 1 i 1 I i I .;•=7.tZ, ' I ren =1 1 ...1".?r,..._ '74. i _ 7 . ' , , 1 1 LOTL24 I I ; ,•,,... ,..,,,A.„ ,,,,,,,,,, t.,,,,,,, riartf.gr,,,, 1 4 :401- IN PLAT ' CONDWINKM1.07,_ 47,V.4.0 1 ,.;?, jy, J., , 1.3•,,C, C. Z l':,,,,,L .,.."7?' 1 ' '3 2 q ',.,.2 r —1 ' , 71„ X,,,x,,,,,34, 1.22 MR, FCLIkhIS.0i1Th ) — 1 1 ',X.:d !,,, I x- . . 1.44 ,r2rf''g,' ,,,,.3 ..i..;ZfiV;q1,.n.;,;;; _____ ...., , __ . ,K1-4,,,,1 U.,,,,Ir t ,./'<ii',% =i:..'i=',•,, ,...... _____..TRACT D: INGRESS, EGRESS AND uriunEs TRACT -__, ,. RECREATION 7. _ , ! :..-- ,i,,, 1 ,4,,4-:)-2,1,,,, ,,f, , 1 ! ,..!';1"27., ''','diil e ,,,.„....,& ,, , ,„, u, , ,. 1 i ,I-- RECRUM6M,AS6TE-krg —'-- --- — .4"—:—„ _—_ 04 ,,, „ „ CF, 4. 4,4 I en , „ 71;4:3;1" ..SHEET 4 OF 4 • Sth.TROSTERIZIAND .SURVEYING. 377Epa L MOS I IAA, rt, biff Virgr17.7,,,,41 rt, Osterly Park Townhomes Declaration 1 74 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. 175 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 176 Exhibit E EASEMENT FOR VEHICULAR ACCESS PHASE II [Lots 9,10,11,121 (Lots 9,10,11 and 12) NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 9, 10, 11 AND 12. THAT PORTION OF LOTS 9, 10,11 AND 12 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE II) CITY OF TUKWILA, FILE NO. L08-079 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9, PLAT OF OSTERLY PARK TOWNHOMES (PHASE II) THENCE NORTH 01"09"52" EAST, ALONG THE WEST LINE OF SAID LOT 14, 12.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88"50"22" EAST 41.93 FEET; THENCE SOUTH 01"09"35" WEST 24.00 FEET; THENCE NORTH 88"50"22" WEST 41.94 FEET TO THE WEST LINE OF SAID LOT 11; THENCE NORTH 01"09"52 EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING. Osterly Park Townhomes Declaration 177 Exhibit F EASEMENT FOR VEHICULAR ACCESS PHASE II [Lots 13,14,151 NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON LOTS 13, 14 AND 15, PLAT OF OSTERLY PARK TOWNHOMES (PHASE II) DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 13, 14 AND 15 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE II), CITY OF TUKWILA, BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13, THENCE NORTH 88"50"22" WEST, ALONG THE NORTH LINE OF SAID LOT 13, 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88"50"22 WEST 42.42 FEET TO A POINT ON A CURVE WHICH BEARS SOUTH 79"57"05" EAST 40.00 FEET FROM THE CENTER POINT OF SAID CURVE; THENCE ALONG THE ARC OF SAID CURVE IN A SOUTHWESTERLY DIRECTION WITH A RADIUS OF 40.00 FEET AND AN ARC OF 27.99 FEET; THENCE SOUTH 88"50"22" EAST 55.69 FEET; THENCE NORTH 01"09"38" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING. 178 EXHIBIT G r OSTE Y P T LLC,h Gra . : C!l a mun R Num ): N/A 4 of the NW1/4, 22, T.23N., R.4E., n: PLAT OF •_ _ Y P ° '. T• H AND PLAT + ' :_Y PARK T H s .'ES, PHASE 2, RES KING COUNTY, HINGTON. THIS STORM WATER POLLUTION P AGREEMENT and =.• into this and n City of T . a muni CITY for within the PLAT OF OSTERLY PARK T NH ES, PHA OF OSTERLY PARK T • HOMES, PHASE 2, Tu impervious surface; and WHEREAS, the PROPERTY OWNEC and in Exhibit °A°; and WHEREAS, PRO be maintai quantity and quality c d Page 1 of 7 179 E S, maintenance requirement is a covenant runni and binding .+ all heirs, su . «rs and assigns of WHEREAS, the system to make certain determining the appropriate repairs. desirous of permitting in ng p .°:rty and for pu NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: on 1, HEIRS, SUCCE r ° S AND ASSIGNS This Agreement shall tre binding u.. the heirs, su Pa on 2, NTE NCE ai 0 0 The PROPERTY OWNER agr to maintain storms in accordance i the ordinan«:. ;, and all applicable . • of CI and the Stormwater Pollution Prevention Maintenance and Operation Guidelineand Schedule a + as Exhibit "B" and inco .. ted herein by this refs n PROPERTY O ER does hereby agree that CITY may enter onto the property of the PROPERTY O ER to in and perform n maintenance if, after the PROPERTY O ER is given PROPERTY O ER fails to maintain. Fu r, the PROPERTY O ER agrees the CITY may enter onto the pr rty of PROPERTY OWNER to perform emergency maintenance in the event of the storm system's failure which might result in adverse impact(s) on public ti or private facsl ': of ., x r p .. .. =rrs, In •. events the PROPERTY OWNER ag : - shall reimburse the CITY for the «. . incurred by the CITY in maintaining the storm s Should the CITY incur attomey's and/or costs in enforcing the ag _ : -nt and/or in maintaining or coil "ng maintenance the PROPERTY O ER ag := to pay reasonable attorney'sfees and all «. is incurred by the CITY. e2of7 180 DATED this day of , 2019. Grantor!A STATE OF WASHINGTON) County of King that he signed this intro and voluntary act for the and p Nola Public in and for residing at MY II I T. ! I* expires 30f7 181 S "A„ 4 of 7 S 182 183 Zi7 N 7/# t/ED DPI PAW V ID as „5-#L-47" • .4.4111111ecir,i,c." 184 185 'O N 7 /NUEIb FK9/'7 Y/ 1/5 S J/ 186 PLAT OF a RLYP T+ H OSTERLY P TO H Sec. 22, T.23N., R.4E., WM. S.inTu WA cBn P Pre P T +' H ES, SE YPJ 7 2 187 na Na ©STE Y P K TOWNH ES HOME ER R :Mike Nu r 787-0259 Page 6 of 7 188 Plan a or The City of Tuk Drain P any City of T 'ia, P INSPEC E CHECI rye styhop. 2) liesalts Ca rTc Y 7 of 7 189 0 *S. :1$ glz $ $ Orifice Plate or Rp Trash and debris Trash and debris accumtiated In Inlet/outlet pipes (includes Aoetebles and non-t oatabies). %.loch at the joint of the any evidence of sok entering inlet/outlet pipes. Chain Is in place and works as designed. cracks more than wide at joint of the Inlet/outlet pipe. CO co Cracks wider than % Inch and longer than i foot at the joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin through cracks. 1/4 filch wide at per• Trash and debris Damaged Trash and debris accumulated in inlet/outlet p (includee lloatablee and non-llostables). co c) IG\ NW 1/4 SECTION 22, T.23N., R.04E.,WM 364 356- 352- 348- 344- 340- T SSMH #E15-43, TYPE 1-48" STA: 0+00.00, 0.00' RIM= 358.31 — WSD STUB SSMH #E15-44, SSCO IE IN— 346.81 (8" E) 7.5 LF, TYP.I STA: 1+77.51, 0.00' IE IN= 346.61 (8" S) RIM= 354.35 IE OUT= 346.61 (8" N) I. IE OUT— 349.85 (8" W) SIDE SEWERS, P SSMH #E15-43 TYPE 1-48" STA: 0+00.00, 0.00 RIM= 358.31 IE IN= 34681 (8" E) IE IN= 346.61 (8" S) IE OUT= 346.61 (8" N) PLAN VIEW APPROXIMATE PHASE II GRADES PER NOV 20, 2018 MACVEIGH SEWER PLANS APPROXIMATE PHASE II GRADES PER ORIGINAL MacVEIGH WATER PLANS (BY OTHERS) 1781E 8" 01. _. 5=1.71% SSMH #E15-44, SSCO STA: 1+77.51, 0.00 RIM=354.35 IE OUT=349.85 8" DI (W) PROFILE VIEW 364 -360 -356 ---- -352 348 344 -340 PHASE - PHASE 2 REC. SPACE -1 0 10 20 40 HORIZ. Scale In Feet 0 2 4 8 VERT, Scale In Feet AS -BUILT DATE 9/25/19 BY MM NOTE THESE AS -BUILT DRAWINGS HAVE BEEN PREPARED, IN PART, ON THE BASIS OF INFORMATION COMPILED AND FURNISHED BY THE PROJECT CONTRACTOR OR INSPECTOR AND OTHERS. THE ENGINEER IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WHICH HAVE BEEN INCORPORATED INTO THIS DOCUMENT. FIELD VERIFICATION OF CRITICAL FACTS AND DATA SHOULD BE MADE IF THESE DOCUMENTS ARE TO BE USED AS A BASIS FOR FUTURE WORK. CALL BEFORE YOU DjG 811 UNDERGROUND SERVICE (USA) DESIGNED DRAWN MLBM CHECKED DKU SYM WATER PLAN REVISIONS TO ACCOMMODATE REVISED SS REVISION 12110118 DATE HPP BY APP'D PACE 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 Civil ( Structural 1 Planning 'Survey An Engineering Services Company WWW. paceengrs.com VALLEY VIEW SEWER DISTRICT 3460 SOUTH 148TH, SUITE 100 SEATTLE, WA 98168 VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 1 IF NOT ONE INCH ON THIS SHEET, ADJUST SCALES ACCORDINGLY. DATE SCALE AS SHOWN VALLEY VIEW SEWER DISTRICT OSTERLY PARK TOWNHOMES - PHASE II SANITARY SEWER PLAN & PROFILE JOB NUMBER 18045 DWG NAME:P18045_SS SHEET SS-1 0 1 S0. 146th ST d ST S. 142nd S. 144th ST. S. 148th ST. 8" SEATTLE METER ZONE 2 SOURCE SEATTLE WATER HGL = 453ft 97.155.00. MOWL 41st ST. S. 146th ST S. 148th ST. • S 152nd ST. r11, r 4 C I = P, S. 154th ST. S. 160th ST. 6" SEATTLE METER RV S. 137th ST. OS VIE S. 144 h S' 58th ST. ZONE 2 SOURCE SEATTLE WATER HGL = 455ft 46th ST 148th ST. abi S. 150th ST. S 152nd ST. S. 156th ST S. 160th ST. i I-5 S. 144th T. REPLACEIENT WD#125 5 TUKWILA NTERTIE ST S. 139th ST. S. 140th ST. 5- 142nd ST WD" 25 TUK 4\IERTIE S. 147th ST SO. 149th ST S. 152nd ST. S. 142nd SR 405 GRAPHIC SCALE 500 0 250 500 1000 ( IN FEET ) neh = 500 feet QA/QC APPROVAL THESE DOCUMENTS HAVE BEEN REVIEWED BY: NAME- DAVE HUTLEY DATE: 10/3/18 KING COUNTY WATER DISTRICT NO. 125 OSTERLY PARK TOWNHOMES - PHASE II DEVELOPER EXTENSION BOARD OF COMMISSIONERS: RENEA BLANCHETTE, COMMISSIONER JERRY THORNTON, COMMISSIONER JOHN THOMPSON, COMMISSIONER SHANE YOUNG, MANAGER INDEX SHEET NO. SHEET TITLE 1 COVER SHEET 2 WATER PLAN & PROFILE 3 NOTES AND DETAILS 4 NOTES AND DETAILS SITE ADDRESS® 3429 S. 4620 S. 144TH STREET TUKWILA, WA 98168 OWNER/DEVELOPER® MIKE OVERBECK 4620 S. 148TH STREET TUKWILA, WA 98168 (206)293-6356 APPROVED FOR CONSTRUCTION KING COUNTY WATER DISTRICT NO. 125 SIGNATURE SUBJECT TO: DATE FIRE MARSHAL APPROVAL CITY OF TUKWILA RIGHT-OF-WAY PERMIT CITY OF TUKWILA CLEARING d GRADING PERMIT AND ALL OTHER PERMITS FROM AGENCIES HAVING JURISDICTION AS -BUILT DATE 9/9/19 BY MM NOTE THESE AS -BUILT DRAWINGS HAVE BEEN PREPARED, IN PART, ON THE BASIS OF INFORMATION COMPILED AND FURNISHED BY 1HE PROJECT CONTRACTOR OR INSPECTOR AND OTHERS, THE ENGINEER 5 NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WHICH HAVE BEEN INCORPORATED INTO THIS DOCUMENT. FIELD VERIMCA00N OF CRITICAL FACTS AND DATA SHOULD BE MADE IF THESE DOCUMENTS ARE TO BE USED AS A BASS FOR FUTURE WORK. REVISED CONSTRUCTION SET CALL BEFORE YOUNG 811 UNDERGROUND SERACE (USA) DESIGNED HPP DRAWN MLBM CHECKED HPP SYM REVISION DATE BY APP'D 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 Civil ( Structural 1 Planning 1 Survey An Engineering Services Company www. paceengrs.com King County Water District \o. 125 VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 1 IF NOT ONE INCH ON THIS SHEET, ADJUST SCALES ACCORDINGLY. DATE 9/26/2018 SCALE AS SHOWN OSTERLY PARK TOWNHOMES - PHASE 11 COVER SHEET JOB NUMBER 18073 DWG NAME: P18073_CVR SHEET 1 0 4 NW 1/4 SECTION 22, T.23N., R.04E.,WM ROW R STORATION I PER CITY ROW CPERMIT ONDITIONS (TYP.) of 364- 360- 356- SSMH (BY OTHERS) RIM 357.35 352- 348- 344- 340- LOCATE, CUT & CAP EX. SERVICES FOR UNIT NOS. 17 & 18. REPLACE SERVICE TO UNIT NO. 16 IN THE EVENT ALL SERVICES ARE CONNECTED TO SINGLE MANIFOLD. RETURN METER TO DISTRICT. 16 FIELD VERIFY LOCATION, REMOVE CAP/PLUG AND CONNECT TO EX. 4" CI 1-8"x4" REDUCER, RJxRJ 1-8" SPOOL, LENGTH AS REQUIRED 1-8" DI SLEEVE, RJ LOCATE, CUT & CAP EX. SERVICE MAIN. RETURN METER TO DISTRICT. 1" SERVICE METERS—\ PER STD DTL 1, TYP. —8" TEE, FLxFL 3-8" GATE VALVES, FLxRJ 1-8" PLUG, RJ 2—THRUST BLOCKS MAX. VERTICAL DEFLECTION IS HALF OF MANUFACTURER'S RECOMMENDATION (TYP.) —TEE TO BE INLINE WITH EX. WM AND PARALLEL TO 34TH AVE SE CL. VERIFY DEPTH AND LOCATION PRIOR TO CONSTRUCTION. IE=343.4± (E) PER SEWER PLAN (BY OTHERS) 69 SS z ce � a 1—FH ASSY, STD DTL 3 17 1-8"x6" TEE, FLxFL 8" GATE VALVE, FLxRJ 1-8" ADAPTER, FLxRJ 1-6" GATE VALVE, FLxRJ 1—THRUST BLOCK, STD DTL 5 6.5 LF 6 DI M >- SD 224$ LF 8" DI, R 3 S 5 1 6 APPROXIMATE LOCATION OF GAS CONDUIT INSTALLED PER OWNER PLAN VIEW APPROXIMATE PHASE II GRADES PER ORIGINAL MacVEIGH WATER PLANS (BY OTHERS) PROFILE VIEW APPROXIMATE LOCATION OF 8" SANITARY SEWER (BY OTHERS) PHASE 1 PHASE 2 FIELD VERIFY AND CONNECT TO EX. 8" DI INSTALLED DURING PHASE 1 1-8" DI SLEEVE, RJ PR IRRIGATION 7 SD SS 18 00 �, II 00 X 863 LF 8" DI, RJ� 2-8" BENDS 45', RJxRJ 2—THRUST BLOCKS 8 REC. SPACE APPROXIMATE PHASE II GRADES PER. NOV 20, 2018 MACVEIGH SEWER PLANS 14 15 CAUTION: FIROTECT EX. STORM DR INAGE _LACal I vt_1 — INSTALLATI N 12 28± LF 8" DI, RJ 9 10 APPROXIMATE GRADE TRANSITION IN DRIVEWAY MAX. VERTICAL DEFLECTION IS HALF OF MANUFACTURER'S RECOMMENDATION (TYP.) 13 1 ®CONSTRUCTION NOTES 1. PRIVATE EASEMENT FOR CUSTOMER SERVICE LINE REQUIRED. 2. INSTALL CB INSERT. NOTES 1. PHASE 2 SITE PLAN PROVIDED BY LANDSCAPE ARCHITECT. DEVELOPER AND CONTRACTOR TO VERIFY CONDITIONS. 2. EX. UTILITIES AND OFFSITE IMPROVEMENTS SHOWN ARE APPROXIMATE ONLY BASED ON CIVIL SITE IMPROVEMENT PLANS FOR PHASES 1 AND 2 BY BRUCE S. MACVEIGH. UTILITIES AND OFFSITE IMPROVEMENTS HAVE NOT BEEN SURVEYED. CONTRACTOR TO LOCATE AND VERIFY LOCATION OF ONSITE AND OFFSITE UTILITIES AND IMPROVEMENTS PRIOR TO CONSTRUCTION. 3. PROPOSED STORM IMPROVEMENTS ARE APPROXIMATE ONLY AND ARE BASED ON PHASE 2 SITE PLAN PREPARED BY BRUCE S. MACVEIGH. DEVELOPER AND CONTRACTOR TO VERIFY CONDITIONS PRIOR TO CONSTRUCTION AS DIFFERENCES EXIST BETWEEN UTILITIES DEPICTED IN PHASES 1 AND 2 PLANS. 4. THIS PLAN IS FOR CONSTRUCTION FOR WATER IMPROVEMENTS ONLY. EROSION CONTROL MEASURES SHOWN ARE THE MINIMUM ANTICIPATED FOR WATER INSTALLATION ONLY. REFER TO CIVIL PLANS FOR ADDITIONAL MEASURES FOR SITE CIVIL IMPROVEMENTS. 5. PROFILE IS BASED ON APPROXIMATE ELEVATIONS PER PHASE 2 CIVIL SITE PLAN. 6. FIRE MARSHAL APPROVAL REQUIRED FOR DISTRICT APPROVAL. 7. PHASE I EX. 3/4" SERVICE OFF S. 144TH STREET TO BE CUT AND CAPPED PER DISTRICT REQUIREMENTS. RETURN METER TO DISTRICT. 8. PROPOSED SEWER LAYOUT IS APPROXIMATE ONLY AND IS BASED ON PHASE 2 SEWER PLAN PREPARED BY BRUCE S. MACVEIGH NOVEMBER 20, 2018 SUBJECT TO OWNER FIELD MODIFICATIONS. OWNER/CONTRACTOR TO VERIFY CONDITIONS PRIOR TO CONSTRUCTION. 0 HORIZ. G VERT_ , 10 20 40 Scale In Feet 2 4 APPROXIMATE PHASE I GRADES PER ORIGINAL MacVEIGH WATER PLANS Scae In Feet EX.a 8 D.I.P. REV -364 -360 -356 -352 -348 -344 r,..... i MJ 8"x4" RJ REDUCER RJ 8" SLEEVE RJ R __1(RJ POURED CONCRETE NC BLOCK 00 0 m 1 1 1 DETAIL 'A' PLAN VIEW SCALE: 1"=5' AS -BUILT DATE 9/9/19 BY MM NOTE THESE AS -BUILT DRAWINGS HAVE BEEN PREPARED, IN PART, ON THE BASIS OF INFORMATION COMPILED AND FURNISHED BY THE PROJECT CONTRACTOR OR INSPECTOR AND OTHERS, THE ENGINEER 5 NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WHICH HAVE BEEN INCORPORATED INTO THIS DOCUMENT. FIELD VERIFICATION OF CRITICAL FACTS AND DATA SHOULD BE MADE IF THESE DOCUMENTS ARE TO BE USED AS A BASIS FOR FUTURE WORK. SED40EVISED CONSTRUCTION SET CALL BEFORE YOU DjG 811 UNDERGROUND SERACE (USA) DESIGNED HPP DRAWN MLBM CHECKED HPP SYM WATER PLAN REVISIONS TO ACCOMMODATE REVISED SS REVISION 12110118 DATE HPP BY APP'D An Engineering Services Company 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 Civil ( Structural I Planning I Survey www. paceengrs.com King County Water District Arcs, . 125 VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 11111111111111111111111 1 IF NOT ONE INCH ON THIS SHEET, ADJUST SCALES ACCORDINGLY. DATE 9/26/2018 SCALE AS SHOWN OSTERLY PARK TOWNHOMES - PHASE II WATER PLAN & PROFILE JOB NUMBER 18073 DWG NAME:P18073_WA SHEET 2 0 4 TEMPORARY EROSION AND SEDIMENTATION CONTROL NOTES 1. TEMPORARY EROSION AND SEDIMENTATION CONTROL (TESC) FACILITIES SHALL BE IMPLEMENTED PRIOR TO THE START OF ANY CONSTRUCTION ACTIVITIES, AND IN SUCH A MANNER AS TO ENSURE THAT SEDIMENT WATER DOES NOT ENTER THE DRAINAGE SYSTEM OR VIOLATE APPLICABLE WATER STANDARDS. MAINTENANCE, REPLACEMENT, AND UPGRADING OF THESE TESC FACILITIES IS THE RESPONSIBILITY OF THE CONTRACTOR UNTIL ALL CONSTRUCTION IS APPROVED. 2. THE STORM DRAIN INLET PROTECTION DEVICE SHALL BE SILT SACK OR EQUAL. ALL CATCH BASINS WITHIN THE VICINITY OF THE CONSTRUCTION SHALL HAVE INLET PROTECTION MEASURES. 3. CONTRACTOR SHALL MAINTAIN ALL EXISTING DRAINAGE CHANNELS, CULVERTS, SWALES AND STRUCTURES. WHENEVER EXISTING DRAINAGE FACILITIES ARE DISTURBED, THE CONTRACTOR SHALL PROVIDE SUITABLE MEANS FOR DIVERTING AND MAINTAINING ALL FLOWS DURING CONSTRUCTION IN THAT AREA AT ITS EXPENSE. AFTER CONSTRUCTION HAS BEEN COMPLETED, ALL DRAINAGE CHANNELS, CULVERTS, SWALES AND STRUCTURES DISTURBED SHALL BE RETURNED TO THEIR ORIGINAL CONDITIONS. 4. IT IS THE RESPONSIBLITY OF THE CONTRACTOR TO PROVIDE ADEQUATE EROSION AND SEDIMENT CONTROL TO SATISFY THE REQUIREMENTS OF THE GOVERNING JURISDICTION, TO PREVENT SEDIMENT LADDEN WATER FROM LEAVING THE CONSTRUCTION AREA AND TO PREVENT EROSION. DURING THE CONSTRUCTION PERIOD, TESC FACILITIES SHALL BE MAINTAINED AND UPGRADED AS NECESSARY BY THE CONTRACTOR. 5. CONTRACTOR SHALL INSPECT THE TESC FACILITIES AT THE END OF EACH WORKING DAY TO ASSURE ITSELF THAT THEY ARE IN GOOD CONDITIONS. IF TESC FACILITIES REQUIRE REPAIR/MAINTENANCE, IT SHALL BE PERFORMED PRIOR TO THE END OF THE WORKING DAY. ALL DISTURBED AREAS SHALL BE PROMPTLY AND THOROUGHLY STABILIZED AGAINST EROSION DURING PERIODS OF WET WEATHER WHEN WORK IS NOT BEING PERFORMED AT THE SITE. 6. ALL UNSUITABLE OR SURPLUS EXCAVATED OR CLEARED MATERIAL SHALL BE REMOVED FROM THE SITE AND DISPOSED OF IN AN APPROVED, LEGAL FILL SITE. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO LOCATE ACCEPTABLE DISPOSAL SITES AND ASSURE THAT ALL SURPLUS MATERIAL IS DISPOSED OF IN SAME. 7. CONTRACTOR SHALL BE RESPONSIBLE FOR IMPLEMENTING ALL APPROPRIATE MEASURES NEEDED (STREET SWEEPERS, WATER TRUCKS, ETC.) TO KEEP STREETS AND ROADS USED AS HAUL ROUTES FOR EXPORT OR IMPORT OF MATERIAL CLEAN AND FREE FROM DEBRIS, MUD, ETC.. ADDITIONAL MEASURES MAY BE REQUIRED TO ENSURE THAT ALL PAVED AREAS ARE KEPT CLEAN FOR THE DURATION OF THE PROJECT. GRATE FRAME SEDIMENT AND DEBRIS DRAINAGE GRATE CITY OF TUKWILA STANDARD CONSTRUCTION NOTES GENERAL 1. AT LEAST ONE WEEK BEFORE BEGINNING CONSTRUCTION, CONTACT PUBLIC WORKS UTILITIES INSPECTOR AND SCHEDULE A PRECONSTRUCTION MEETING. 2. NOTIFY THE UTILITIES INSPECTOR AT 206-433-0179 AT LEAST 48 HOURS (2 WORKING DAYS) BEFORE STARTING PROJECT SITE WORK. 3. REQUEST A PUBLIC WORKS UTILITY INSPECTION AT LEAST 24 HOURS (1 WORKING DAY) IN ADVANCE BY CALLING 206-433-0179. 4. THE CONTRACTOR ASSUMES SOLE RESPONSIBILITY FOR WORKERS SAFETY, AND DAMAGE TO STRUCTURES AND IMPROVEMENTS RESULTING FROM CONSTRUCTION OPERATIONS. 5. THE CONTRACTOR SHALL HAVE PERMIT(S) AND CONDITIONS, THE APPROVED PLANS, AND A CURRENT COPY OF CITY OF TUKWILA DEVELOPMENT GUIDELINES AND DESIGN AND CONSTRUCTION STANDARDS AVAILABLE AT THE JOB SITE. 6. ALL WORK SHALL CONFORM TO THESE APPROVED DRAWINGS. ANY CHANGES FROM THE APPROVED PLANS REQUIRE PRE -APPROVAL FROM THE OWNER, THE ENGINEER, AND THE CITY OF TUKWILA. 7. ALL METHODS AND MATERIALS SHALL MEET CITY OF TUKWILA DEVELOPMENT GUIDELINES AND DESIGN AND CONSTRUCTION STANDARDS, UNLESS OTHERWISE APPROVED BY THE PUBLIC WORKS DIRECTOR. 8. CONTRACTOR SHALL MAINTAIN A CURRENT SET OF RECORD DRAWINGS ON -SITE. 9. CONTRACTOR SHALL PROVIDE RECORD DRAWINGS PRIOR TO PROJECT FINAL APPROVAL. 10. CONTRACTOR SHALL PROVIDE TRAFFIC CONTROL AND STREET MAINTENANCE PLAN FOR PUBLIC WORKS APPROVAL BEFORE IMPLEMENTATION. 11. ALL SURVEYING FOR PUBLIC FACILITIES SHALL BE DONE UNDER THE DIRECTION OF A WASHINGTON LICENSED LAND SURVEYOR. VERTICAL DATUM SHALL BE NAVD 1988. FOR PROJECTS WITHIN A FLOOD CONTROL ZONE, THE PERMITTEE SHALL PROVIDE CONVERSION CALCULATIONS TO NGVD 1929. HORIZONTAL DATUM SHALL BE STATE PLANE COORDINATES. 12. THE CONTRACTOR SHALL REPLACE, OR RELOCATE ALL SIGNS DAMAGED OR REMOVED DUE TO CONSTRUCTION. UTILITY NOTES 1. ALL TRENCH EXCAVATION OPERATIONS SHALL MEET OR EXCEED ALL APPLICABLE SHORING LAWS FOR TRENCHES. ALL TRENCH SAFETY SYSTEMS SHALL MEET WISHA REQUIREMENTS. WORK IN RIGHT-OF-WAY 1. WHEN ACTIVITY IS UNATTENDED, INSTALL A SIGN WITH MINIMUM TWO-INCH LETTERS STALING PERMITEE OR COMPANY NAME, AND DAY AND EVENING PHONE NUMBERS. TMC 11.08.140 2. INSTALL BARRICADES, SIGNS, WARNING LIGHTS, AND SAFETY DEVICES SUFFICIENT TO NOTIFY PUBLIC OF OBSTRUCTION OR TRAFFIC HAZARD. DEVICES MUST REMAIN UNTIL THE OBSTRUCTION IS CLEARED AND THE RIGHT-OF-WAY IS RESTORED. TMC 11.08.170.A 3. MAINTAIN ACCESS TO FIRE STATIONS, FIRE HYDRANTS, FIRE ESCAPES, AND FIRE FIGHTING EQUIPMENT. TMC 11.08.180 4. MAINTAIN ACCESS TO PROPERTY ADJOINING EXCAVATION OR SITE WORK. 5. PRESERVE AND PROTECT ALL PROPERTY ADJOINING EXCAVATION OR SITE WORK. 6. RESTORE DISTURBANCE TO PRIVATE AND PUBLIC PROPERTY. TMC 11.08.220.D 7. DISTURBANCE OF SURVEY MONUMENTS AND MARKERS REQUIRES THE DIRECTOR'S PREAPPROVAL. A LICENSED SURVEYOR SHALL REPLACE DISTURBED MONUMENTS AND MARKERS. 8. COMPLY WITH ALL STATE AND CITY LAWS AND PROCEDURES TO PROTECT PUBLIC FROM AIR, WATER AND NOISE POLLUTION. TMC 11.08.210 9. STORE ALL STOCKPILE MATERIAL SHALL BE STORED IN A SAFE MANNER TO PROTECT THE PUBLIC. PAVEMENT RESTORATION 1. COMPACT BACKFILL TO COMPACTION OF UNDISTURBED GROUND OR COMPACT BACKFILL TO MEET CITY STANDARDS. 2. RESTORE PAVEMENT TO ITS ORIGINAL CONDITION IMMEDIATELY FOLLOWING BACKFILLING OR WHEN CONCRETE IS CURED. a. EXCEPT FOR WINTER OR OTHER WEATHER CONDITIONS WHICH PREVENT PAVING, COMPLETE PAVING, RESURFACING, OR FACILITY REPLACEMENT: • ON PRINCIPAL ARTERIAL, MAJOR OR COLLECTOR STREET WITHIN 3 CALENDAR DAYS. • ON OTHER STREETS WITHIN 7 CALENDAR DAYS. b. FOR WORK PREVENTED DUE TO WEATHER: • PROVIDE TEMPORARY PATCH. • PROVIDE A CONSTRUCTION SCHEDULE ADDRESSING MEANS AND METHODS TO MINIMIZE TRAFFIC DISRUPTION AND TO COMPLETE WORK AS QUICKLY AS POSSIBLE. NOTES: 1. SIZE THE BELOW INLET GRATE DEVICE (BIGD) FOR THE STORM WATER STRUCTURE IT WILL SERVICE. 2. THE BIGD SHALL HAVE A BUILT-IN HIGH -FLOW RELIEF SYSTEM (OVERFLOW BYPASS). 3. THE RETRIEVAL SYSTEM MUST ALLOW REMOVAL OF THE BIGD WITHOUT SPILLING THE COLLECTED MATERIAL. DRAINAGE GRATE - RECTANGULAR GRATE SHOWN - OVERFLOW BYPASS BELOW INLET GRATE DEVICE BELOW INLET GRATE DEVICE STORM DRAIN INLET PROTECTION N.T.S. HMA ASPHALT PAVEMENT EXISTING ASGHALT 150% OF EXISTING DEPTH 8" MAXIMUM SAW CUT EXISTING PAVEMENT (7AP.) CSTC UNLESS OTHERWISE REQUIRED BY THE CITY 95% COMPACTION SIDE SLOPE AS REQUIRED CSTC BEDDING NOTES I. ALL WORK TO CONFORM TO THE CURRENT STANDARD SPECIFICATIONS FOR ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTtON. A MINIMUM OF A NJO YEAR GUARANTEE IS REQUIRED ON ALL PA VEWENT PATCHING AND OVERLAYS. 3. A CONTROLLED DENSITY FILL IN PLACE OF CRUSHED ROCK MATERIAL MAY BE REQUIRED IN CASES OF RECENT PAVEMENT OVERLAY, OR AS DIRECTED BY CITY ENGINEER. OUTSIDE PAVED OR ROCKED AREAS NATIVE BACKFILL MAY BE USED IF APPROVED BY DISTRICT 90% COMPACTION REQUIRED. STD. DETAIL No. 15D t .55 Kirkland VY "MO om TRENCH CROSS SECTION CITY OF TUKWILA 06,3/09 1,07 SCALE 1,1a/,ao DRAm BS CHECKED LIBN/RDS FILE 3 PEAT FHA. E/CAD /ENCINEE .H.EET/F.e RETRIEVAL SYSTEM (TYP.) OVERFLOW BYPASS (TYP.) STAKE PLACEMENT PER MANUFACTURER'S RECOMMENDATION A A - PLACEMENT OF STRAW WATTLE 1'X1' WOOD STAKES FILTERED RUNOFF SEDIMENT -LADEN RUNOFF 0 CROSS SECTION A -A STRAW WATTLE DAM N.T.S. AS -BUILT DATE 9/9/19 BY MM NOTE THESE AS -BUILT DRAWINGS HAVE BEEN PREPARED, IN PART, ON THE BASIS OF INFORMATION COMPILED AND FURNISHED BY THE PROJECT CONTRACTOR OR INSPECTOR AND OTHERS, THE ENGINEER IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WHICH HAVE BEEN INCORPORATED INTO THIS DOCUMENT. MELD VERIMCAIION OF CRITICAL FACTS AND DATA SHOULD BE MADE IF THESE DOCUMENTS ARE TO BE USED AS A BASIS FOR FUTURE WORK. REVISED CONSTRUCTION SET CALL BEFORE YOUNG 811 UNDERGROUND SERACE (USA) DESIGNED HPP DRAWN MLBM CHECKED HPP SYM REVISION DATE BY APP'D An Engineering Services Company 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 Civil ( Structural I Planning I Survey www. paceengrs.com King County Water District \o. 125 VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 0 11.111111111111111 1 IF NOT ONE INCH ON THIS SHEET, ADJUST SCALES ACCORDINGLY. DATE 9/26/2018 SCALE AS SHOWN OSTERLY PARK TOWNHOMES - PHASE II NOTES AND DETAILS JOB NUMBER 18073 DWG NAME: P18073_WA-DET SHEET 3 0 4 WATER DISTRICT NO.125 STANDARD NOTES: 1. APPROXIMATE LOCATIONS OF EXISTING UTILITIES HAVE BEEN OBTAINED FROM AVAILABLE RECORDS AND ARE SHOWN FOR CONVENIENCE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFICATION OF LOCATIONS SHOWN AND FOR DISCOVERY OF POSSIBLE ADDITIONAL UTILITIES NOT SHOWN SO AS TO AVOID DAMAGE OR DISTURBANCE. THE CONTRACTOR SHALL CONTACT THE UTILITIES UNDERGROUND LOCATION CENTER (1-800-424-5555) PRIOR TO CONSTRUCTION. THE OWNER OR HIS REPRESENTATIVE SHALL BE CONTACTED IF A UTILITY CONFLICT EXISTS. 2. CONTRACTOR SHALL NOTIFY THE DISTRICT ENGINEER A MINIMUM OF 48 HOURS IN ADVANCE OF ALL REQUESTS FOR STAKING, TESTING OR INSPECTION. 3. CONTRACTOR IS RESPONSIBLE FOR CONTROL AT THE TIME OF STAKING. 4. CONTRACTOR SHALL FURNISH SHOP DRAWINGS FOR APPROVAL WHERE REQUIRED BY THE DETAIL SPECIFICATIONS AND FOR VARIATION FROM THE ENGINEER'S DESIGN. 5. CONTRACTOR SHALL INSTALL EQUIPMENT IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS, WD #125 SPECIFICATIONS, AND (CITY OF TUKWILA / CITY OF SEA-TAC / KING COUNTY) STANDARDS. 6. CONTRACTOR SHALL FURNISH ALL MATERIALS. 7. ALL WATERMAIN PIPE SHALL BE DUCTILE IRON CLASS 52, PUSH -ON JOINT OR MECHANICAL JOINT, CEMENT LINED (ANSI A21.4), EXTERIOR COATED WITH COAL TAR VARNISH. INSTALLATION SHALL BE IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. ALL FITTINGS SHALL BE CAST IRON OR DUCTILE IRON AND SHALL CONFORM TO APPLICABLE PORTIONS OF ANSI STANDARD A21.10, A21.11, 816.2, B16.4 AND A21.53, WITH A MINIMUM PRESSURE RATING OF 150 PSI AND WILL BE CEMENT LINED. 8. NSF CERTIFIED MATERIALS MUST USED FOR ANYTHING THAT IS IN CONTACT WITH POTABLE WATER. 9. ALL GATE VALVES TO BE MUELLER OR KENNEDY. ALL HYDRANTS ARE TO BE MUELLER OR M&H. 10. CUT -INS AND LIVE TAPS TO BE MADE BY CONTRACTOR. WD #125 SUPERINTENDENT, ENGINEER AND (CITY OF TUKWILA / CITY OF SEA-TAC / KING COUNTY) INSPECTOR MUST BE NOTIFIED 48 HOURS IN ADVANCE. 11. DUCTILE IRON MECHANICAL JOINT SLEEVES REQUIRED. 12. TAPPING SLEEVES SHALL BE MUELLER CAST IRON, JCM EPDXY COATED STEEL, OR ROMAC SST WITH STAINLESS STEEL FLANGE. SIZE ON SIZE TAPS ARE TO BE MUELLER CAST IRON. 13. CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL EXISTING PIPE TYPES AND SIZES FOR COUPLINGS, CONNECTIONS, CUT -INS, AND LIVE TAPS. 14. 31- FOOT MINIMUM COVER OVER ALL WATERMAINS. 15. DEVELOPER TO PAY FOR STATE, COUNTY AND CITY INSPECTION FEES AND PERMITS. 16. ALL METER LOCATIONS TO BE COORDINATED WITH WATER DISTRICT NO. 125 SUPERINTENDENT. 17. ALL EXISTING FIRE HYDRANTS AND MAINS TO BE OPERATIONAL PRIOR TO COMMENCEMENT OF CONSTRUCTION. 18. NO CHANGES ARE TO BE MADE WITHOUT WRITTEN APPROVAL BY THE WD #125 SUPERINTENDENT OR DISTRICT ENGINEER AND THE CITY OF TUKWILA / SEATAC / KING COUNTY PUBLIC WORKS ENGINEER. 19. REFER TO WD #125 CONDITIONS AND STANDARDS, AND TO THE (CITY OF TUKWILA / CITY OF SEA-TAC / KING COUNTY) STANDARD SPECIFICATIONS FOR ALL REMAINING NOTES AND DETAILS. 20. PROVIDE 3/4" SERVICE LINE (1" IN THE CITY OF TUKWILA) AND TAP CONNECTIONS FOR EACH EXISTING WATER METER. 21. MAXIMUM ALLOWABLE OPEN TRENCH SHALL BE 80'. 22. STOCKPILES SHALL BE COVERED DURING ALL PERIODS OF PRECIPITATION. 23. MODIFIED PROCTOR COMPACTION AND MOISTURE CONTROL TESTS REQUIRED AND COPIES OF TEST REPORTS SUBMITTED TO THE DISTRICT ENGINEER. ALL COMPACTION UNDER PAVED AND TRAFFIC AREAS SHALL BE 95% MAXIMUM DENSITY MODIFIED PROCTOR PER ASTM D-1557. ALL OTHER AREAS TO BE 90% MAXIMUM DENSITY MODIFIED PROCTOR. 24. ALL VALVES, FIRE HYDRANTS AND SERVICES TO THE METER STOP TO BE INCLUDED AS PART OF ALL PRESSURE AND PURITY TESTS. NO EXCEPTIONS. 25. TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH (CITY OF TUKWILA / CITY OF SEATAC / KING COUNTY) REQUIREMENTS. 26. ALL PIPE AND APPURTENANCES TO BE TESTED WITHIN 10 FEET OF ANY CONNECTION POINTS UNLESS OTHERWISE APPROVED BY ENGINEER. 27. CONCRETE THRUST BLOCKING SHALL BE PROVIDED AT ALL BENDS, TEES, OR OTHER APPURTENANCES WHERE INTERNAL FORCES REQUIRE RESTRAINT. BLOCKING SHALL BE IN ACCORDANCE WITH WATER DISTRICT NO. 125 STANDARDS. RESTRAINED JOINT PIPE AND BENDS SHALL BE USED IN LIEU OF BLOCKS WHERE THERE ARE UTILITY PROXIMITY CONFLICTS OR WHERE BEARING SOIL HAS BEEN DISTURBED IF APPROVED BY SUPERINTENDENT OR ENGINEER. 28. ALL BENDS INSTALLED AS PART OF CONNECTIONS TO EXISTING MAINS SHALL BE RESTRAINED WITH 350 PSI EBBA MEGALUG, STARGRIP SERIES 3000, OR ROMAC ROMAGRIP RETAINER GLANDS AND PROVIDED WITH THRUST BLOCKS. 29. THE TESTING AND DISINFECTION OF THE WATER SYSTEM SHALL BE WITNESSED BY WATER DISTRICT NO 125. 30. RESIDENTIAL DOMESTIC WATER SERVICE CONNECTIONS: DOMESTIC WATER SERVICE CONNECTIONS TO SINGLE-FAMILY RESIDENTIAL PROPERTIES SHALL HAVE BACKFLOW PROTECTION WITHIN EIGHTEEN INCHES (181 OF THE WATER METER TAIL COMMENSURATE WITH THE DEGREE OF HAZARD WHEN ANY OF THE FOLLOWING ITEMS ARE FED BY OR CONNECTED TO THE DOMESTIC WATER SYSTEM ON THE PROPERTY: A) LAWN OR GARDEN SPRINKLER IRRIGATION SYSTEMS B) FIRE SUPPRESSION SYSTEMS MIN. 6" MAX. LAYER OF MIL VISQUEEN 00 0 FIRE HYDRANT TO BE PAINTED WITH TWO COATS OF FAR WEST PAINT CASE YELLOW, #4.3472. HYDRANTS ARE TO EQUAL M&H 929 OR MUELLER A-423. HYDRANTS S ALL CO FORM TO A W W A- SECIF CATIONS C 502-54, SHALL BE COMPRESSION TYPE AND SHALL HAVE A TWO PIECE BREAKING FLANGE WEN BREAKING THIMBLE AT THE GROUND LINE OR STEM, SHALL HAVE A SELF -OILING DRY BONNET WITH FACTORY FILLED RESERVOIR HOLDING APPROXIMATELY 8 OJNCS OF OL 0 RESERVOIR SHALL BE SO DESIGNED AS TO GIVE A COMPLETE LUBRICATION OF STEMS EACH TIME THE HYDRANT IS OPERATED- THE JPPER STEM SHALL HAVE A BRASS SLEEVE SIDEWALK PER TUKWILA/SEATAC/ KING COUNTY STANDARDS Min MECHANICAL JOINT TT MEGALUG / RJ I ::. 1/2 YD. zvA5 1-1/2" ROCK GONG BLOCKING DIM UNDISTURBED SOIL NOTES. - A. HYDRANTS SHALL BE EQUIPPED WITH TWO 2 1/2" NST HOSE PORTS AND ONE 5" SIERTZ PUMPER DISCHARGE PERT AND SHALL HAVE A 1 1/a" PENTAGON OPEN -LIFT OPERATING NUT HYDRANTS SHALL HAVE A 6" M.J BOTTOM CONNECTION AND 5 1/4" MAIN VALVE OPENING,, AND SHALL HAVE 18" ABOVE GRADE LEVEL TO THE CENTER OF THE PUMPER DISCHARGE PORT WHERE NO CURB & GUTTER IS INSTALLED, FIRE HYDRANT SHALL BE LOCH TED (IN RELATION TO STREET CENTER LINE) CLOSE TO PROPERTY LINE C HYDRANT INSTALLATIONS TO BE PER THIS STANDARD PLAN AND REOUIRFA ENTS OF TUKWILA MUNICIPAL CODE 1424 AND CITY ORDINANCE OR CITY OF SEATAC REQUIREMENTS CURB & GUTTER 2-3/ ASPHALT COATED STEET SHACKLE Roos FINISHED PAVEMENT. SEE VALVE BOX DETAIL. 6 RESILIENT WEDGE GATE VALVE, FL X . ✓ CAST =RON TEE (CEMENT LINED) -MS % MJ X FL. PROVIDE THRUST BLOCK T 4." HST CITIES OF SEATAC AND TUKWILA 4." SST KING COUNTY r DIA. DUCTILE IRON P=PE FLANGE J(kNT SEE BLOCKING / DETAIL JND=STURBED SOIL TT MUST HAVE 2 FORMS OF RESTRAINT- MEGALUG & BLOCK SHACKLE RODS IF ADEQUATE BLOCKING CANNOT BE INSTALLED. ALSO, PROVIDE SHACKLE RODS OR A1EGA LUGS PER LOCAL JURISDICTION. STD. DETAIL No. 3 CAPPED CROSS 90' BEND THRUST BLOCK - TABLE Min Bearn9 Areo Against Undisturbed Soil PIPe SIEe Nt) M.2) 2) (flz, 6 16 22 29 36 45 54 m 19 25 56 76 87 a 9 12 16 29 35 48 55 2 2 2 3 5 6 12 14 NOTES: BEARING AREA OF CONCRETE THRUST -BLOCK BASED ON 200 PSI RR_SSJRE AND SAFE SOIL BEARING LOAD OF 2,000 BOUNDS PER SQUARE FOOT 2- AREA MIST BE ADJUSTED FOR O-riER PIPE ICES, PRESSJRES .D SOIL. CONDILONS. 3. CONCRETE BLOCKING SHALL BE CAST IN PLACE AND HAVE M=NIMUM OF 1/4 SQUARE FOOT BEARING AGAINST THE FIT''ING 4- BLOCK SHALL. BEAR AGAINST FITTINGS ONLY AND SHALL BE CLEAR OF JOINTS TO PERMIT TAKING UP OR JISMANTING 0- JOINT. 5- CONTRACTOR Sri AL NSTALL BLOCKING ADEQUATE 10 W7HSTAND FULL TEST PRESSURE AS WELL AS TO CONTINUOUSLY WTHS rAN9 OPERATION PRESSJRE UNDER ALL CONDITIONS OF SE-iRVICE. 6. THRUST BLOCK IS CONSIDERED TO ACT AS A SPREAD FOOTING, THEREFORE WEIGHT R BLOCK MUST BE EQUAL TO OR LESS THAN 1 /2 THE DEPTH FROM THE GROUND SURFACE TO THE BLOCKS BASE 7. THE QUANTITY P CONCRETE DEPENDS UPON THE DISTANCE 11 ;/ BETWEEN THE PIPE AND THE UNDISTURBED SOIL C) POOLS, HOT TUBS OR SPAS (ABOVE OR BELOW GROUND) D) GREENHOUSES E) FISH AND/OR AESTHETIC PONDS F) BOILER G) ANY OTHER USE DECLARED TO BE A HEALTH HAZARD OR CONCERN BY THE GENERAL MANAGER OF THE KING COUNTY WATER DISTRICT 125. 31. COMMERCIAI DOMESTIC WATER SERVICE CONNECTIONS: FOR ALL CONNECTIONS TO THE WATER MAINS OF THE KING COUNTY WATER DISTRICT 125 NOT LISTED ABOVE, THE FOLLOWING REQUIREMENTS APPLY TO ALL THE CONSUMERS: A) ALL COMMERCIAL DOMESTIC WATER SERVICE CONNECTIONS SHALL HAVE A BACKFLOW ASSEMBLY INSTALLED WITHIN EIGHTEEN INCHES (18") OF THE WATER METER TAIL (CUSTOMER'S SIDE OF THE METER) COMMENSURATE WITH THE HIGHEST DEGREE OF HAZARD OF THE OCCUPANT(S) AS DETERMINED BY THE GENERAL MANAGER OR A CROSS CONNECTION CONTROL SPECIALIST APPOINTED BY THE DISTRICT. B) NO COMMERCIAL WATER SERVICE SHALL HAVE LESS THAN A DOUBLE CHECK VALVE ASSEMBLY (DCVA) FOR BACKFLOW PREVENTION. C) REDUCED PRESSURE BACKFLOW ASSEMBLY (RPBA) SHALL BE INSTALLED ON ALL WATER SERVICES FOR OCCUPANTS WITH POTENTIAL POLLUTION OR CONTAMINATION HAZARDS AS LISTED IN WAC 246-290-490 TABLE 9 OR SIMILAR OCCUPANTS. D) REDUCED PRESSURE BACKFLOW ASSEMBLY (RPBA) SHALL BE INSTALLED ON ALL WATER SERVICES FOR COMMERCIAL STRUCTURES THAT OCCUPY MORE THAN ONE TENANT. E) ALL COMMERCIAL IRRIGATION SYSTEMS SHALL HAVE A BACKFLOW ASSEMBLY INSTALLED WITHIN EIGHTEEN INCHES (181 OF THE WATER METER TAIL (CUSTOMER'S SIDE OF THE METER) OR WITHIN TWELVE INCHES (12') DOWNSTREAM OF THE VALVED CONNECTION TO THE POTABLE WATER SUPPLY. F) ALL IRRIGATION SYSTEMS WITH EXISTING OR POTENTIAL CHEMICAL ADDITION, INCLUDING ANTIFREEZE, SHALL HAVE A REDUCED PRESSURE BACKFLOW ASSEMBLY. G) NO IRRIGATION SYSTEM SHALL HAVE LESS THAN A DOUBLE CHECK VALVE ASSEMBLY (DCVA) FOR BACKFLOW PROTECTION. COMMERCIAL FIRE SPRINKLER SERVICE CONNECTIONS: H)ALL FIRE SPRINKLER SERVICE CONNECTIONS SHALL HAVE BACKFLOW PREVENTION ASSEMBLIES WITH A DETECTING (METERED) BYPASS. I) BACKFLOW ASSEMBLIES SHALL BE EITHER: A.LOCATED IN A VAULT ON PRIVATE PROPERTY ADJACENT TO THE PUBLIC RIGHT-OF-WAY SUCH THAT THE DISTANCE BETWEEN THE SUPPLYING WATER MAIN AND THE BACKFLOW ASSEMBLY IS THE SHORTEST REASONABLE DISTANCE NOT TO EXCEED 50 FEET. WHEN THE SUPPLYING WATER MAIN IS ON PRIVATE PROPERTY, THE BACKFLOW ASSEMBLY SHALL BE LOCATED AS CLOSE TO THE WATER MAIN TAP AS REASONABLY POSSIBLE. B. WITHIN THE BUILDING'S MECHANICAL ROOM. WITH AN INTERIOR OR INSTALLATION, A REMOTE METER REGISTER SHALL BE SUPPLIED WITH BACKFLOW DEVICE AND MOUNTED ON THE EXTERIOR OF THE BUILDING IN LOCATION ACCESSIBLE AT ALL TIME TO DISTRICT PERSONNEL. J) ALL FIRE SYSTEMS WITHOUT ANTIFREEZE, CHEMICAL ADDITION, OR FIRE DEPARTMENT CONNECTIONS (FDC) SHALL HAVE A MINIMUM OF A DOUBLE CHECK DETECTOR ASSEMBLY (DCDA) AS THE BACKFLOW PREVENTER. K) FIRE SYSTEMS WITH ANTIFREEZE, CHEMICAL ADDITION, OR FIRE DEPARTMENT CONNECTIONS (FDC) SHALL HAVE A REDUCED PRESSURE PRINCIPLE DETECTOR ASSEMBLY (RPDA). TEMPORARY CONNECTIONS• L) ALL TEMPORARY CONNECTIONS WILL BE REQUIRED TO HAVE CROSS CONNECTION PROTECTION. THE TYPE OF PROTECTION REQUIRED WILL BE DETERMINED ON A CASE -BY -CASE BASIS BY THE DISTRICT GENERAL MANAGER OR CROSS CONNECTION CONTROL SPECIALIST. ADD THE FOLLOWING NOTES WHEN WORKING IN THE CITY OF SEA- TAG: 32. CONTRACTOR IS TO OBTAIN CITY CONSTRUCTION PERMIT PRIOR TO STARTING ANY WORK WITHIN THE RIGHT-OF-WAY IN THE CITY OF TUKWILA OR SEA-TAC AND SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL TERMS AND CONDITIONS OF RIGHT-OF-WAY PERMIT. 33. CONTRACTOR WORKING IN THE CITY OF TUKWILA OR SEA-TAC IS TO NOTIFY PUBLIC WORKS INSPECTOR A MINIMUM 48-HOURS PRIOR TO CONSTRUCTION STARTUP AND IS TO SCHEDULE ALL INSPECTION. INSPECTOR SHALL BE PRESENT DURING BACKFILL AND COMPACTION OPERATIONS. 34. ALL FIRE HYDRANTS AND/OR GUARD POSTS TO BE PLACED SO AS TO PROVIDE A MINIMUM OF 10' CLEARANCE TO FUTURE ROADWAY LIMITS. 35. NEW WATERLINE CONSTRUCTION TO MAINTAIN 4' MINIMUM SEPARATION TO PROPOSED STORM DRAIN LOCATION; OR CONSTRUCTION SHALL BE SCHEDULED TO FOLLOW STORM DRAIN INSTALLATION. H TEE W/ PLUG 45' BEND PROVIDE RESTRAINED JOINT BENDS AND PIPE IN LIEU OF BLOCKS IF THERE ARE SPACE CONFLICTS OR BEARING AREA HAS BEEN DISTURBED - PROVIDE SHACKLE ROOS TO PROVIDE TWO MEANS OF THRUST RESTRAINT (PIE ABOVE REQUIRES SUPERINTENDENT OR ENGINEER APPROVAL) Plug 3 TEE W/0 PLUG BLIND FLANGE OR SMALLER SIZE PIPE 22 1/2' BEND STD. DETAIL No. 5 PIPE SIZE a ones) V. B. (degrees) 22 30 11✓e 22, 30 11, 22 h 30 22 h 30 Yo 22, 30 20 1, 22, 30 11✓e 22, 30 25 16 47 70 32 88 132 70 184 275 91 225 330 128 320 480 A (fee 2.0 I 2.2 2.2 2.9 3.5 2.5 3.6 5 61 6.9 5.0 6.8 7.9 ROD D (money) TA 14e 1.5 20 2.0 2.0 2.5 2.0 3.0 3.0 4 0 3.9 4.0 4.5 3.5 4.5 5.5 VERTICAL BLOCKING FOR 45' BENDS 45 16 20 24 30 68 123 232 478 560 820 31 4.1 5.0 6.` 7.8 2.0 2.5 40 4.5 NOTE: CONCRETE BL OUTING BASED ON 200 PSI PRESSURE AND 2500 PSI CONCRETE, AND 2000 PSF MIN SOIL BEARING CAPACITY GALVANIZED(oR ASPHALT COATED STEEL), THREADED RODS AND PIPE CLAMPS '90. VERTICAL BENDS NOT ALLOWED ON PINE LARGER THAN 8 INCHES DIA STD. DETAIL No. 6 ANGLE METER STOP COPPER FLARE NUT x METER SWIVEL NUT MUELLER H-14255, H-74258, OR FORD EQUAL HOPE METER BOX W/ D.I. READER LID. USE SOLID LID IN TRAFFIC AREAS OLOCASTLE/CARSON W/ MOUSE HOLES 72" DEEP, STRAIGHT MODEL 1324 BET R/W MASTER RADIO READ METER (CUBIC FEET) 10 BE SUPPLIED BY DISTRICT ANGLE DUAL CHECK VALE. VE METER SWIVEL, NUTxF,IP MUELLER ,4-14244 OR FORD [EQUAL FINISH GRADE COPPER TUBING DUCTILE IRON WATERM Am CLASS 52 CORP- STOP CC BY FLARE OR COMPRESSION. MUELLER "CC" H-15000, 8-25008N OR FORD EQUAL DIRECT TAP TO NEW OR EXISTING MAIN* MAY USE STAINLESS DOUBLE STRAP SMITH-BLAIR, OR ROMAC SADDLE W/ CC THREAD. 5/8" VI I i... *ONLY IF EXISTING MAIN IS DE OTHERWISE USE SADDLE W/ CC THREAD cp 1,300 NOTES: 18 PRIVATE SERVICE PIPE STD. DETAIL No. 1 3/4' & 1' DOMESTIC SERVICE DETAIL PLOT DATE DRAWN DESMN PS CHECKED BRIRD3 DISTRICT APPROVED BLOT SCALE Nw1ev8nT3 DVERBECK P_AT PHASE ETYENDNECPINDHEET5,18 NEW SECTIONS OF WATER MAIN THAT ARE INSTALLED WHEN EXPANDING A DISTRIBUTION SYSTEM MUST BE SEPARATED =RCM THE EXISTING SYSTEM. UNTIL SATISFACTORY FLUSHING, DISINFECTION AND BACTER,OLOGICAL SAMPLING HAS BEEN COMPLETED, THE NEW WATER MAIN MIST BE CONSDERED CONTAMINATED- IN ADDITION, -HE CHLORINE CONCENTRATION USED FOR DISINFECTION PROCEDURES (MINIMUM 25 mg/I) MAKES WATER NON -POTABLE. AN APPROVED BACKFLOW PREVENTION ASSEMBLY MUST BE USED ON T:-IE SUPPLYING WATER INE WHEN. FILLING -HE NEW WATER MAIN DURING DISINFECTION AND FLUSHING. THE BACKFLOW PREVENTION ASSEMBLY AND SUPPLY PIPING MUST BE REMOVED DURING HYDROSTATIC PRESSURE TESTING OF THE NEW WATER MAIN. .AFTER SATISFACTORY BACTERIOLOGICAL SAMPLE RESJLTS ARE OBTAINED FROM THE NEW WATER MAIN, SECTIONS OF CONNECTING PIPE MUST BE INSTALLED BETWEEN IT AND THE EX,STING SYSTEM. BEFORE INSTALLATION, THE INTERIORS OF AL_ P€PE AND FITTINGS USED TO MAKE THE CONNECTION MUST BE SWABBED OR SPRAYED WITH A 1% AVAILABLE CHLORINE SOLUTION. APPROVED BACKFLOW PREVENTION ASSEMBLY, FEBCO MODEL 825Y, 2' OR APPROVED EQUAL HYDRANT METER RENT FROM DISTRICT TEMPORARY TES BLOCKING T )vMNIII�T III -, KG UNDISTURBED SOIL 10' MAX. TIP. HYDRANT ON WATERNG MAIN 2h" SUPPLY HOSE LENGTH AS REQUIRED TEMPORARY CAP OR PLUG TER HYDRANT TEE NEW HYDRANT FLUSHING / DISCHARGE ALTERNATIVES NEW HYDRANT MAY BE USED FOR KLJS,UNG / DISCHARGE IF TEE IS 'ffinIN 10 OF THE END OF PIPE TEMPORARY CAP OR PL. TEMPORARY TEST I BLOCKING UNDISTURBED SOIL -) * REFER TO STD- DETAIL NO- 5 FOR THRUST BLOCK SIZING & OTHER BLOCKING REQUIRE ENTS STD. DETAIL No. 7 Cps 1125501,1NA Way Sute 300 Owl :al I Flaming ar, FIRE HYDRANT ASSEMBLY DETAIL PLOT DAVE DESIGN BS CHECKED DRA DISTRICT APPROVED PLOT SCALE -1,1DVDO 3 DVERDEK PLAT PHASE EICADIENR <N DATE APPROVED KAIN4 WA WO RV. SSUCILIMI PR., SSA. HORIZONTAL THRUST BLOCKING DETAIL & TABLE PSOT DATE DRAWN DESMN P I DY I e ED TR eT MPeDSED JAN 2018 IA AA ENE E DATE DT SCALE PA 18.8E 3 o a PLAT PHASE EACADIENDNEERNDISPE, . WAROODET Er 6 11255 KMard Way 5J5te 300 CNC StNual; Planning Sun," VERTICAL THRUST BLOCKING DETAIL & TABLE PLOT DATE DRAWN MAA DESIGN NCL CNECNED DBRTPOE DISTRICT APPROVED PLOT SCALE N*,,KVBD FILE NAME 3 ...DECK PLAT PHASE ES IENCINErnrvslSHEvsP1. DATE APPROVED cp 11255 Kirkland .5.300 K541,nel WA Owl; Structral Flaming s YaI WATER MAIN FILLING DETAIL PLOT DATE MAA P. CHECKED DBKIRDS DISTRICT APPROVED PLOT SCALE NT.1DV8013 DVERDEK PUT PHASE 3.ADAENGINEERINCAOHEET,P. DAI. APPROVED REVISED CONSTRUCT AS -BUILT DATE 9/9/19 BY MM NOTE THESE AS -BUILT DRAWINGS HAVE BEEN PREPARED, IN PART, ON THE BASIS OF INFORMATION COMPILED AND FURNISHED BY THE PROJECT CONTRACTOR OR INSPECTOR AND OTHERS, THE ENGINEER 5 NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WHICH HAVE BEEN INCORPORATED INTO THIS DOCUMENT. FIELD VERIFICATION OF CRITICAL FACTS AND DATA SHOULD DE MADE IF THESE DOCUMENTS ARE TO BE USED AS A BASS FOR FUTURE WORN. ON SET CALL BEFORE YOU DjG 811 UNDERGROUND SERVICE (USA) DESIGNED HPP DRAWN MLBM CHECKED HPP SYM REVISION DATE BY APP'D 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 Civil ( Structural l Planning 1 Survey An Engineering Services Company www. paceengrs.com King County Water District \o. 125 VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. o 1111111111111111111111 IF NOT ONE INCH ON THIS SHEET, ADJUST SCALES ACCORDINGLY. DATE 9/26/2018 SCALE AS SHOWN OSTERLY PARK TOWNHOMES - PHASE II NOTES AND DETAILS JOB NUMBER 18073 DWG NAME:P18073_WA-DET SHEET 4 0 4 N O N Department of Community Development November 4, 2019 Osterly Park Townhomes Public Hearing Subdivision Final Plat — Phase 2 Presentation Overview • Review Process • Background Information —Site and Project • Preliminary Plat Approval by the Tukwila Planning Commission • Final Plat Approval by Tukwila City Council Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 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 - Phase 2 Final Plat - November 4, 2019 Review Process —Design Review and Preliminary Plat • Townhouse development allowed in MDR and HDR zoning districts • Multifamily structures over 1,500 SF require Planning Commission approval (Townhouse Design Manual) • Preliminary Plat and Design Review public hearings are combined. Planning Commission decision issued. Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 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 - Phase 2 Final Plat - November 4, 2019 Project Location • Cascade View Neighborhood • Tukwila International Boulevard Distric Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Surrounding Development Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Existing Development Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Project Phases COMPLETED PHASE 1 • 8 Unit Lots • Tract A — Access and Utilities • Tract B — Phase 1 Recreation Area • Easements • Codes, Covenants, & Restrictions (CC&Rs)Include Maintenance of Common Areas PROPOSED PHASE 2 • 15 Unit Lots • Tract C — Recreation space w/play equipment • Tract D — Access and Utilities • Easements (including more recreation spaces) • CC&Rs Include Maintenance of Common Areas • Lot 24 addition, use of parking and recreation spaces Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 GRAPHIC SCALE Project Phases NOT IN PLAT BL TRACT D: INGRESS, EGRESS AND UTI RECREATION EASEM-NT 24 THRTY FOURTH SOuTH, N7aU,NIUM VOL,O1OI 6? JLOT 24 PROPOSED PHASE 2 15 Unit Lots Tract C — Recreation space w/play equipment • Tract D — Access and Utilities Easements (including more recreation spaces) CC&Rs Include Maintenance of Common Areas Lot 24 addition, use of parking and recreation spaces Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Final Plat for Phase 2 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 owners whose signatures appear on the plat certificate. • Facilities and improvements required to be provided by the subdivider have been completed for Phase 2. A bond has been submitted for the final layer of pavement, construction of recreation spaces, and remaining electrical work to be completed with Seattle City Light. Project landscaping for Phase 2 will be tied to the building permit phase of the project. • The 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. Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 N Staff Recommendation • Approval of the Final Subdivision application for Phase 2 of the Osterly Park Townhomes project Sample Motion: I move to approve the application for the Osterly Park Townhomes Final Plat - Phase 2 under project number L18- 0051, based on the findings and conclusions contained in the staff report dated October 28, 2019 as amended during the City Council deliberations. Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019