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ITEM VIII-A-8
AGENDA BILL APPROVAL FORM AVM WASHINGTON Agenda Subject: Ordinance No. 6205 for Final Plat Application No. Date: October 1, 2008 PLT08-0003 Department: Planning, Building Attachments: See Exhibit list below Budget Impact: and Community Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6205. Background Summary: Cambridge Pointe LLC, applicant, made application to King County in September 2007 for the Final Plat of "Carrington Pointe" (County file no. L07FR048). The City of Auburn has assigned this project a file no. of PLT08-0003 for record keeping purposes. Carrington Pointe received preliminary plat approval from King County for the subdivision of a 6.25-acre site into 25 single-family lots (County file no. L03P0013). The subdivision request also includes seven tracts for access (Tracts C, D, F, and G), storm drainage (Tract A), recreation (Tract B), and a sensitive area (Tract E). The property is located north of SE 304tH Street and west of 116th Ave SE within the portion of Lea Hill annexed January 1, 2008 (King County parcels #0521059022, 0521059077, and 0521059080). The King County Hearing Examiner approved the preliminary plat on June 17, 2004. The plat has been developed in accordance with King County R-4 (four du/acre) zoning standards. The City of Auburn granted a water sewer certificate (WSC03-0005) in 2003 for the project and all conditions associated with that development agreement have been satisfied. The City of Auburn approved a facility extension agreement (FAC04-0025) for extension of city water and sewer in 2006. The FAC is now in the one-year maintenance period. An assignment of funds in lieu of completion of all of the plat improvements has been provided to the City. The recommendation of approval letter from King County dated September 24, 2008, Exhibit 2, incorrectly lists $155,940.00 rather than the $128,407.50 assignment of funds for site improvements. In accordance with Resolution No. 4113, Exhibit B of the interlocal agreement between the City of Auburn and King County with regard to final plat applications states that King County staff will review the application and the City of Auburn is the decision maker, further detailed by the following: L1006-1 03.5 PLT08-0003 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O ? Airport ? Finance ? Cemetery ? Mayor ? Hearing Examiner ? Municipal Serv. ? Finance ? Parks ? Human Services ? Planning & CD ? Fire ® Planning ? Park Board []Public Works ® Legal ? Police ? Planning Comm. ? Other ® Public Works ? Human Resources [] Information Services Action: Committee Approval: []Yes ?No . Council Approval: []Yes ?No Call for Public Hearing -/-/- Referred to Until -/-/- Tabled Until Councilmember: Norman Staff: Baker Meeting Date: October 6, 2008 Item Number: VIII.A.8 AUBURN *MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6205 for Final Plat Application No. Date: October 1, 2008 PLT08-0003 "2.5 For those subdivisions and short subdivisions that have been granted preliminary approval prior to incorporation or annexation or under Section 2.4, the County shall continue its review through engineering plan approval, final plat or short plat approval, and construction inspection approval phases. For each of these post-preliminary review phases, the County shall prepare a recommendation for the City's designated decision maker. All final decisions on any of the post-preliminary review phases shall be rendered by the City. At the request of the City, County staff shall appear before the City Council to discuss analysis set forth in the County's final plat approval recommendation." The final plat application for Carrington Pointe is vested to and therefore required to meet King County standards. King County staff has notified the City of Auburn that the final plat of Carrington Pointe has met all applicable regulations and conditions of approval and recommends the final plat be approved and signed by the City. A representative from King County staff will attend the October 6, 2008 City Council meeting. Ordinance No. 6205 approves the final plat of Carrington Pointe. Attached for your consideration are the following Exhibits: (Exhibits #2-13 are for information in the review of the final plat, not for comment.) Exhibit 1 - Proposed Ordinance No. 6205 (approving the final plat of Carrington Pointe) Exhibit 2 Letter from King County to City of Auburn, regarding Carrington Pointe, dated 9-24-08. Exhibit 3 - Conditions of Approval Statement of Compliance for Carrington Pointe Subdivision, W & H Pacific, dated 9-12-07. Exhibit 4 - First American title report, dated 8-12-08. Exhibit 5 - Carrington Pointe Homeowners' Association, WA Secretary of State, received KC 5-23-08. Exhibit 6 - Letter from City of Auburn to Cambridge Pointe LLC regarding FAC04-0025, dated 6-4-08. Exhibit 7 - Request to Record For Subdivision Interoffice Memo, King County, dated 8-19-08. Exhibit 8 - Development Agreement between the City of Auburn and Distinctive Home Builders, recorded 11-7-03. Exhibit 9 - Office of the Hearing Examiner King County, WA report and decision (approving the preliminary plat), dated 6-17-04. Exhibit 10 - Final Plat (5 sheets) Exhibit 11 - Approved engineering plan, including recreation plan and tree plans, King County,' approved 9-22-06 (reduced copy size). Exhibit 12 - Aerial photo Exhibit 13 - Current Subdivision Process, City of Auburn, dated 10-1-08. Page 2 of 2 ORDINANCE NO. 6 2 0 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF CARRINGTON POINTE WHEREAS, the Plat of Carrington Pointe, Application No. PLT08-0003 was filed with King County, Washington, while it was unincorporated territory in the County, prior to the premise being annexed into the City of Auburn; and WHEREAS, the premises of the Plat of Carrington Pointe was annexed into the City of Auburn, effective January 1, 2008; and WHEREAS, in connection with the annexation, the City and King County entered into an Interlocal Agreement whereby the two jurisdictions identified a cooperative process for handling pending plat activity; and WHEREAS, in accordance with that cooperative process, the City of Auburn received a recommendation of approval from King County on the final plat application for the Plat of Carrington Pointe, Application No. PLT08-0003, the final approval of which is appropriate for City Council Action; WHEREAS, based on the review given this Plat by King County, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Cambridge Pointe LLC requested final plat approval of Carrington Pointe from King County in September 2007, and all applicable conditions have been met. 2. The preliminary plat was approved by the King County Hearing Examiner on June 17, 2004. The plat has been developed in accordance with King County R-4 zoning standards. 3. The City of Auburn granted a water sewer certificate (WSC03-0005) in 2003 and all conditions associated with that development agreement have been satisfied. ---------------- Ordinance No. 6205 October 1, 2008 Page 1 of 4 4. The City of Auburn approved a facility extension agreement (FAC04-0025) for extension of city water and sewer in 2006. 5. The City of Auburn annexed the subject properties on January 1, 2008. 6. In accordance with Resolution No. 4113, Section 2.5 of Exhibit B of the interlocal agreement between the City of Auburn and King County, 12.5 For those subdivisions and short subdivisions that have been granted preliminary approval prior to incorporation or annexation or under Section 2.4, the County shall continue its review through engineering plan approval, final plat or short plat approval, and construction inspection approval phases. For each of these post- preliminary review phases, the County shall prepare a recommendation for the City's designated decision maker. All final decisions on any of the post-preliminary review phases shall be rendered by the City. At the request of the City, County staff shall appear before the City Council to discuss analysis set forth in the County's final plat approval recommendation." 7. The final plat application for Carrington Pointe is vested to and therefore required to meet King County standards. 8. King County staff has notified the City of Auburn that the final plat of Carrington Pointe has met all applicable regulations and conditions of approval and recommends the final plat be approved and signed by the City. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable King County Zoning and Land Division Ordinances and other applicable land use controls. 2. It is appropriate that the Final Plat be approved. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. Carrington Pointe, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 3 of the Final Plat and set forth in Exhibit "A", attached hereto ---------------- Ordinance No. 6205 October 1, 2008 Page 2 of 4 and incorporated herein by reference, is hereby approved, and deemed to conform to the applicable requirements for Plat approval. Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality, shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Records, Elections and Licensing Services Division. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: ---------------- Ordinance No. 6205 October 1, 2008 Page 3 of 4 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPXOVED,AS TO FOR iel B. H& Attorney Published: ---------------- Ordinance No. 6205 October 1, 2008 Page 4 of 4 EXHIBIT A PARCEL A/TAX PARCEL NUMBER 0521059022 THE WEST 165 FEET OF THE SOUTH 528 FEET OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTHEAST 304TH STREET. PARCEL B/TAX PARCEL NUMBER 0521059077 THE SOUTH 198 FEET OF THE NORTH HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL C/TAX PARCEL NUMBER 0521059080 THE SOUTH HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 165 FEET OF THE SOUTH 528 FEET THEREOF; EXCEPT THAT PORTION LYING WITHIN SOUTHEAST 304TH STREET THEREOF. a King County King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 September 24, 2008 Elizabeth Chamberlain, Principal Planner 25 West Main Street Auburn, WA 98001 Dear Ms. Chamberlin: The Land Use Services Division has completed the review of the final map page and supporting documents for recording for the Carrington Pointe plat (File L03P0013). This review has determined that this plat has met all applicable regulations and conditions of approval. This agency's review was performed pursuant to the interlocal agreement between the City of Auburn and King County. Based on that review, the County recommends the final map page mylars be approved and signed by the City, then forwarded to the Records and Elections Office to be recorded. To assist in your discretionary decision, we are forwarding a copy of the key file documents to you at this time. A performance bond in the amount of $155,940.00 all road and drainage required improvements are completed within two years of the date of recording and Landscaping and Recreation Financial Guarantee of $39,874.00 and a street tree Financial Guarantee of $20,150 has been furnished to the city of Auburn to guarantee the trees and recreation equipment within two years of the date of recording. It is our understanding King County will provide on-site inspections of road and drainage work on behalf of the City under the terms of the interlocal agreement. If you have any questions on this letter, please contact Pat Simmons at 206-296-6636. After obtaining the city approvals, please deliver the plat mylars together with one copy and a copy of this letter to the King County Assessors Office for processing. For information call Nimpa Gueco at 206 205-5735. At the time of recording please send a copy of the recorded short plat to Joanne Carlson in care of King County at the address above. Exhibit Number cc: Applicant CONDITIONS OF APPROVAL STATEMENT OF COMPLIANCE FOR CARRINGTON POINTE SUBDIVISION DDES FILE NO. L03P0013 KING COUNTY, WASHINGTON For: Charter Homes, Inc. 601 Union Street, Suite 5100 Seattle, WA 98101 September 12, 2007 By W & H Pacific 724 Columbia St NW, suite 140 Olympia, WA 98501 Ph 360-754-3375 Fax 360-754-1195 Exhibit 3 Number of Pages 12_., Carrington Pointe Subdivision, King County, WA PROJECT OVERVIEW: On the 17th day of June, 2004, Stafford L. Smith, King County Hearing Examiner issued a conditional preliminary plat approval for the Carrington Pointe Subdivision. The approval was subject to 22 conditions for final plat approval and each condition has been met or will be as described in the following responses. SUMMARY OF CONDITIONS AND REQUIREMENTS FOR PRELIMINARY APPROVAL Decision- The preliminary plat of Carrington Pointe, as revised and received November 21, 2003 is APPROVED subject to the following conditions of final plat approval: Compliance with all platting provisions of Title 19A of the King County Code. Response: The Final Plat will be prepared after the site improvements are constructed or bonded and the final plat will comply with requirements of the County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No.5952. Response: The Final Plat will include the required signatures and submittals, see Sheet I of S of the final plat. 3. The plat shall comply with the base density and minimum density requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. Response: The plat documents as submitted are consistent with the approved preliminary plat and meet the appropriate requirements of the zone. King County approved density credits to allow 25 lots and copy of the approval is attached. 4. The applicant shall provide updated density calculations to verify the proposed density can be achieved prior to or concurrent with the submittal of the engineering plans for review and approval by DDES. This may result in the reconfiguration and/or loss of lots. Response: The lot density calculations are included with this submittal. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No.11187 , as amended (1993 KCRS). Response: The Construction Drawings (Plans) as submitted include provisions to Carrington Pointe Subdivision, King County, WA construct all required road improvements to County Standards. 6. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. Response: The water system plan has been submitted to the County for hydrant location approval and for fire flow standards. The Fire Marshal reviewed and approved the plans prior to construction and a copy of the letter of approval is attached. 7. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. Response: The plans and Technical Information Report (TIR) as submitted comply with the requirements of the Drainage Manual. b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. Response: The required notes and plan are shown on the Sheets C-3 and C-4 of the approved plans. C. The following note shall be shown on the final recorded plat: All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file. Response: The appropriate note is shown as Note no. 10 under the General Notes on sheet 2 of 5 for the plat map. The drainage detention facility shall be designed to meet at a minimum the Level 3 flow control and basic water quality menu in the 1998 King County Surface Water Carrington Pointe Subdivision, King County, WA Design Manual (KCSWDM). Response: The stormwater management facility was designed and has been constructed according to this condition. The design is documented in the TIR. The construction details shown on sheets C-9 and C-10 of the approved plans are consistent with the TIR. 9. A drainage adjustment (L04V0009) has been approved to combine the onsite sub- basins into one post-development detention facility. All conditions for this adjustment shall be incorporated into the engineering plans. Response: The drainage adjustment documentation is included in Section 2 of the TIR; the detention facility has been designed according to the provisions of the drainage adjustment. See pages 2-12 through 2-23. 10. The 100-year floodplain for any on site wetlands or streams shall be shown on the engineering plans and final plat according to Special Requirement #2 in the KCSWDM. Response: In order to comply with Special Requirement ##2, an Approximate Floodplain Study was prepared in accordance with Section 4.4.2.2 of the 2005 Surface Water Design Manual. The lowest finished grade building lot is at elevation 442 which is a minimum of three feet higher than the on-site wetlands and existing pond Seepages 2-10 and 2-11 of the TIR for discussion of the analysis. The existing sensitive areas have a positive flow path to SE304th Street; the street is at elevation 433. Seepage 2-23 for the flow path. 11. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. SE 302nd Court and SE 303`d Court shall be improved at a minimum to the urban minor access street standard. Response: The plans show the improvement of the internal roadway with a 28 feet wide paved surface along with curbs and sidewalks (see sheet C-12 of the approved plans) within a 50 feet wide right of way (see sheets C-12 and C-13 of the approved plans and sheet 4 and 5 of the final plat). This design section meets the urban sub access standards. b. 116'' Ave SE from SE 304`h St. to SE 3015` Place shall be improved at a minimum to the urban sub collector street standard; except for that portion lying east of the eastern site boundary. The portion lying east of the site boundary (on existing county R/W) shall be improved with a minimum 14 feet paved driving lane and 4 feet shoulder or pavement transition to be reviewed at engineering plan submittal. Detail of the transition to the existing residence driveway and frontage shall be shown on the engineering plans. Response: The plans include the required frontage improvements for 116th Ave. to urban sub collector standards. The pavement section show the improvement of the roadway with a 28 feet wide paved surface along with curbs or with a thicken asphalt edge and sidewalks (see sheet C-12 of the approved plans). The right of way width varies from 54 feet wide to 48 feet wide right of way (see sheets C-12 and C-13 of the Carrington Pointe Subdivision, King County, WA approved plans and sheet 4 and S of the final plat). Underground conduits, junction boxes, and directly related appurtenances for a potential future traffic signal shall be installed on the west side of 116`h Avenue Southeast and the north side of Southeast 304'' Street. Plans for those signal related improvements shall be submitted to King County Department of Transportation for review and approval. Response: The plans include the required frontage improvements for 304`h Ave. to urban collector standards (see sheets C-6 and C-9 of the approved plans), and sheet STL-1 include provisions to extend conduits for future signal controls under the proposed street improvements at the intersection. If the 116' Ave SE improvements require alteration to the Tract E storm water detention tract in Carrington Bluff Div 1, these alterations shall be shown on the engineering plans. A Special Use Permit is required for any proposed alterations. Response: No alterations to Tract E were required. c. FRONTAGE: The frontage of the site along SE 304' St. (north side only) shall be improved to the urban collector arterial standard with provisions for a bike lane. Response: The plans include the required frontage improvements for 304`h Ave. to urban collector standards (see sheet C-9 of approved plans) d. Tract C shall be a minimum 26 feet wide and improved as a private access tract per Section 2.09 of the KCRS. This tract shall be owned and maintained by the lot owners served. Notes to this effect shall be shown on the engineering plans and on the final plat map. Response: On the approved plans, Tract C has been divided and renamed as Tracts D and F and remains 20 feet wide. A Design Plan Change (L06PC141) was submitted to maintain the 20 feet width by installing bollards at the north line of Lot 9 to prevent thru traffic along the access tract. The appropriate notes are shown on sheet C-6 of the approved plans and on sheet 2 of the final plat, General Notes 6 and 7 specify that the tracts are private access tracts solely for the benefit of the lots. e. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. Response: At this time no variances are contemplated. 12. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. Response: The respective utilities will be located in either the public right of way or within a 10 feet utility easement on either side of the new rights of way or private access tracts. 13. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at Carrington Pointe Subdivision, King County, WA the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid. If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: For lots 1-25, fifty percent of the MPS fees shall be paid at the time of final ?Q plat approval. The balance of the MPS fees plus the MPS administrative fees will be paid at the time of building permit application at the rate in effect at that time. A notice for the MPS fees is provided on the final plat as General note 15 on sheet 2. 14. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. Response: Fifty percent of school impact fees will be paid at the time of final plat approval in accordance with King County code 21A.43. The balance of the assessed fee together with administrative fees will be paid when at the time of building permit issuance for each lot. A notice for the school impact fees is provided on the final plat as General note 14 on sheet 2. 15. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Permanent survey marking and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. Response: The ESC plans (see sheet 3 of the approved plans) call for construction of the a plastic construction fence and silt fencing; as required by King County, a 4' high rail fence along with Wetland signs will be installed; Tract E is designated as a Sensitive Area Tract, and monuments will be set for the corners of the Tract E. 16. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21 A.24 shall also be addressed by the applicant. a. The Class 2 wetlands shall have a minimum 50-foot buffer of undisturbed vegetation as measured from the wetland edge. Response: A wetland mitigation plan was approved, which permits buffer averaging. The impact to the wetland from road construction is off set by the designation of a Sensitive Area Tract E (see sheets C-3 and C-7 of the approved plans). On the final plat, Tract E is designated as a sensitive area tract on sheet 4 and is noted by the Restrictions For Sensitive Area Tracts on sheet 2. b. Buffer width averaging may be allowed by King County if it will provide Carrington Pointe Subdivision, King County, WA additional protection to streams/wetlands or enhance there functions, as long as the total area contained in the buffer on the development proposal site does not decrease. In no area shall the buffer be less than 65 percent of the required minimum distance. To ensure such functions are enhanced a mitigation plan will be required for the remaining on-site sensitive areas. An enhancement plan shall be submitted for review during final engineering review. Response: A copy of the Wetland Assessment is included in Section 6 of the TIR. The wetland assessment, delineation, and mitigation plan has been reviewed and approved by the County. C. The wetland/buffer impacts for road crossings may be allowed per code provided the crossings minimize impacts through construction techniques, provide mitigation for unavoidable impacts, do not change the overall hydrology, do not diminish the flood storage capacity, and are constructed during the summer low water period. Response: The wetlands will not be impacted. The buffer impacts are minimized by the construction of rockery walls between the roadway and the sensitive area Tract E. The hydrology of the wetlands will be maintained by routing clean roof runoff via tight lines to the sensitive area tracts (see sheets C-6 and C-7 of the approved plans). d. Sensitive area Tract(s) shall be used to delineate and protect sensitive areas and buffers in development proposals for subdivisions and shall be recorded on all documents of title of record for all affected lots. Response: The Sensitive Area Tract E is shown on the approved plans and the is designated on the final plat, Tract E is designated as a sensitive area tract on sheet 4 and is noted by the Restrictions For Sensitive Area Tracts on sheet 2. e. A 15-foot BSBL shall be established from the edge of buffer and/or the sensitive areas Tract(s) and shown on all affected lots. Response: Building setback lines are not shown on the plat because H Th Avenue is between the sensitive area tract and the lots, therefore no portion of the lots is within the wetlands buffer. f. A mitigation plan and financial guarantee/bond will be required for any proposed impacts of sensitive areas. The bond amount will include all components of the mitigation plan including, but not limited to, plantings, grading, fencing, signs, inspections, and monitoring for five years. Response: The wetland mitigation bond will be provided prior to plan approval. g. Prior to commencing construction activities on the site, the applicant shall temporarily mark sensitive areas Tract(s) in a highly visible manner, and these areas must remain so marked until all development proposal activities in the vicinity of the sensitive areas are completed. Response: The ESC plans (see sheet 3 of the approved plans) call for Carrington Pointe Subdivision, King County, WA construction of a plastic construction fence and silt fencing at the initial start of site work to protect the wetlands and buffer area. h. Prior to final approval of construction activities on the site, the boundary between the sensitive area Tract(s) and adjacent land shall be identified using permanent signs. Sign specifications shall be shown on final engineering plans and shall be installed every 50 feet or as deemed appropriate by county staff at the time of engineering review. Response: The ESC plans (see sheet 3 of the approved plans) call for construction of the a plastic construction fence and silt fencing; as required by King County, a 4' high rail fence along with Wetland signs will be installed; Tract E is designated as a Sensitive Area Tract, and monuments will be set for the corners of the Tract E. During engineering plat review the applicant shall provide a wetland hydrology analysis to demonstrate how the wetland hydrology will be maintained post- construction. Response: As a condition of KCSWDM Adjustment Request (# L04V0009), roof runoff from lots 20-24 will be collected and routed to the wetland located in Sensitive Tract E to maintain hydrology. Plan sheets C-6 and C-7 show the routing of roof runoff to the tract. Development authorized by this approval may require other state and/or federal permits. It is the applicant's responsibility to correspond with these agencies prior to beginning work on the site. Response: Construction approval was granted prior to beginning work on the site. k. During engineering review, the plan set shall be routed to the sensitive areas group to determine if the Sensitive Areas conditions/code requirements have been met. Response: The approved plans included provisions for protection of the wetlands sensitive area and as part of the plans review procedures of King County, we understand that the plans were reviewed by the sensitive area group. 1. The following note shall be shown on the final engineering plan and recorded plat. RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water Carrington Pointe Subdivision, King County, WA and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. Response: Pie appropriate note is shown on sheet 2 of the final plat. 17. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). a. An overall detailed recreation space plan shall be submitted for review and approval by DDES, prior to or concurrent with the engineering plans. This plan shall include location, area calculations, dimensions, and landscape specs, equipment specs, etc. Response: A recreation plan is provided on Sheet L-3 of the approved plans. The final plat designates Tract B as the Community Park for recreation purposes. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Response: If construction of the recreation improvements is incomplete prior to the final plat approval, a performance bond will be provided 18. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space, and/or sensitive area tract(s). Response: The homeowner's association covenants will be submitted with the final plat for review and approval. Carrington Pointe Subdivision, King County, WA 19. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: See sheet L-4 of the approved plans for proposed street tree location and details. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No.5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. Response: According to Sheet L-4 of the approved plans, street trees will be located within the landscape strip or in a few locations behind the sidewalks. C. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of- way line. Response: According to Sheet L-4 of the approved plans this provision does not apply. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. Response: The covenants will include wording and provisions for the homeowners to maintain the street trees and on sheet 2 of the final plat, General Note 12, notifies lot owners that the association is responsible for tree maintenance. e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: The type of street trees proposed have been approved by King County. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. Response: The bond quantity worksheet was submitted to King County on August 24, 2006. The street tree plan (sheet L-4) was approved by King County on September 22, 2006. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if Southeast 304th Street is on a bus route. If so, the street tree plan shall also be reviewed by Metro. Response: Metro Service is not provided on SE 304"' Street with the nearest bus Carrington Pointe Subdivision, King County, WA service being Route 164 that runs along 124`h Ave SE. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: The street tree performance and maintenance bond will be provided as required 20. The following condition has been established under SEPA as a necessary requirement to mitigate the adverse environmental impacts of this development. The applicant shall demonstrate compliance with these items prior to final approval. Wetlands -A 4-foot high split-rail fence and signs shall be located along the outer boundary of the wetland buffers (i.e. Sensitive Area Tracts). The fencing and sign details shall be shown on the final engineering plans. Sensitive area signs shall be installed on the fence at 100- foot intervals or as appropriate. The fencing and signs shall be maintained by the abutting lot owners and/or Homeowner's Association as identified on the face of the final plat. Response: The required split rail fence along with wetland signs is to surround the sensitive area tract as shown on Sheet C-6 of the approved plans. The appropriate note is shown on Sheet 2 of the final plat for maintenance by the homeowners association. 21. To implement KCC 21A.38.230 (SO-220) which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan and engineering plans shall be consistent with the requirements of KCC 21A.38.230, as well as the conceptual tree retention plan which is part of the hearing record for this project. No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided consistent with KCC 21A.38.230B4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to KCC 21A.38.230B4d(2). Response: According to Sheet C-3 of the approved plans, provisions for protection of areas designated for tree preservation are indicated and Sheet C-S of the approved plans provides a tree retention plan. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future lot owners of the proposed lots, consistent with KCC 21A.38.230B6. Note, the tree retention plans shall be Carrington Pointe Subdivision, King County, WA included as part of the final engineering plans for the subject plat. Response: The covenants will include wording and provisions for the homeowners to maintain the street trees and on sheet 2 of the final plat, General Notes 11 and 12, notifies lot owners there responsibilities for tree retention and for tree maintenance. 22. The applicant shall comply with the seasonal clearing and grading restrictions per KCC 16.52.150 D. Response: The ESC plans on Sheet C-3 of the approved plans include provisions for seasonal clearing and grading. Form No. 1068-2 = ALTA Plain Language Commitment y First American Commitment No.: 4268-565962 Page 1 of 9 FirstAmerican Title Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn - (253)471-1234 Fax - Developer Services SECOND COMMITMENT Fax No. (253)671-5802 Vicky L. Willis William Tiglao (253)671-5834 (360)491-2441 xviwillis@firstam.com btiglao@firstam.com To: Charter Homes, Inc. File No.: 4268-565962 601 Union Street, Suite 3920 Your Ref No.: Seattle, WA 98101 Attn: Erik Wicklund Re: Property Address: To Be Determined,, WA COMMITMENT FOR TITLE INSURANCE Issued by FIRSTAMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The General Exceptions and Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. `1. FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment SECOND REPORT SCHEDULE A Commitment No.: 4268-565962 Page 2 of 9 1. Commitment Date: August 12, 2008 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT PREMIUM TAX Short Term Rate To Follow $ 0.00 $ 0.00 Standard Owner's Coverage $ Proposed Insured: Charter Homes, Inc. Simultaneous Issue Rate Extended Mortgagee's Coverage $ To Follow $ 0.00 $ 0.00 Proposed Insured: To Follow 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vested in: Cambridge Pointe, LLC 4. The land referred to in this Commitment is described as follows: Real property in the Unincorporated County of King, State of Washington, described as follows: The South 198th feet of the North Half of the East Half of the East Half of the Southeast Quarter of the Southeast Quarter of Section 5, Township 21 North, Range 5 East, W.M., in King County, Washington. APN: 052105-9077-04 FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE B SECTION I REQUIREMENTS Commitment No.: 4268-565962 Page 3 of 9 The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. FirstAmerican Tide Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE B SECTION II EXCEPTIONS Commitment No.: 4268-565962 Page 4 of 9 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for unincorporated King County is at 1.78 Levy/Area Code: 4750 For all transactions recorded on or after duly 1, 2005: A fee of $10.00 will be charged on all exempt transactions; A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. Delinquent General Taxes for the year 2008 . The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 052105-9077-04 1st Half Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: $ 971.59 $ 0.00 $ 971.59, plus interest and penalty 2nd Half $ 971.59 $ 0.00 $ 971.59, plus interest and penalty $ 161,000.00 $ 0.00 3. Delinquent General Taxes for the year 2007 . Tax Account No.: 052105-9077-04 1st Half Amount Billed: $ 926.77 Amount Paid: $ 926.77 Amount Due: $ 0.00, plus interest and penalty 2nd Half Amount Billed: $ 926.77 Amount Paid: $ 0.00 Amount Due: $ 926.77, plus interest and penalty 4. Taxes which may be assessed and extended on any subsequent roll for the tax year 2008, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 5. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of Auburn as disclosed by instrument recorded under recording no. 8911300822. FirstAmerican ride Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4268-565962 Page 5 of 9 6. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Cambridge Pointe, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Frontier Bank Trustee: First American Title Insurance Company Amount: $2,838,750.00 Recorded: August 08, 2005 Recording Information: 20050808002656 (Includes other property) Modification and/or amendment by instrument: Recording Information: 20071221001782 Evidence of the authority of the individual(s) to execute the forthcoming document for Cambridge Pointe, LLC, copies of the current operating agreement should be submitted prior to closing. 8. Potential lien rights as a result of labor and/or materials used, or to be used, for improvements to the premises. An indemnity agreement to be completed by Charter Homes, Inc., is being sent to Closing Escrow Company and must be submitted to us prior to closing for our review and approval. All other matters regarding extended coverage have been cleared for mortgagee's policy. Items A through E and G and H on Exhibit B herein will be omitted in said extended coverage mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. 9. Terms, covenants, conditions and restrictions, if any, as contained in unrecorded lot line adjustment no. 885022 as disclosed by the King County tax rolls. 10. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Weyerhaeuser Timber Company Recorded: June 1, 1949 Recording Information: 3312963 11. Easement, including terms and provisions contained therein: Recording Information: 2675531 For: Road 12. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 6327647 13. Easement, including terms and provisions contained therein: Recording Information: 7406070430 For: Water line 14. Easement, including terms and provisions contained therein: Recording Information: 8603130807 For: Ingress, egress and utilities 15. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 20030514900004, recorded in volume 160 of surveys, at page(s) 49, in King, Washington. FirstAmecican Title Form No. 1068-2 Commitment No.: 4268-565962 ALTA Plain Language Commitment Page 6 of 9 16. Easement, including terms and provisions contained therein: Recording Information: 20070709000199 In Favor of: Puget Sound Energy, Inc., a Washington Corporation For: Perpetual easement 17. The terms and provisions contained in the document entitled "Transfer of Development Rights Certificate Number: 128" Recorded: October 03, 2007 Recording No.: 20071003001491 FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment INFORMATIONAL NOTES Commitment No.: 4268-565962 Page 7 of 9 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Section 5, Township 21 N., Range 5 E., SE Quarter, King County. APN: 052105-9077-04 D. The following deeds affecting the property herein described have been recorded within 24 months of the effective date of this commitment: NONE E. According to the application for title insurance, title is to vest in Charter Homes, Inc.. Property Address: To Be Determined,, WA First American Titie Form No. 1068-2 ALTA Plain Language Commitment CONDITIONS Commitment No.: 4268-565962 Page 8 of 9 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section I or eliminate with our written consent any Exceptions shown in Schedule B Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment ` First American PRIVACY POLICY We Are Committed to Safeguarding Customer Information Commitment No.: 4268-565962 Page 9 of 9 FirstAmerican Title Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn (253)471-1234 Fax - In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairlnformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved FirstAmerican Title ...____..Corporations: Registration Detail Page 1 of 2 CORPORATIONS DIVISION - REGISTRATION DATA SEARCH Parge CARRINGTON POINTE HOMEOWNERS' ASSOCIATION UBI Number Category Profit/Nonprofit Active/Inactive State Of Incorporation Date of Incorporation License Expiration Date Registered Agent Information Agent Name Address City State ZIP Special Address Information Address City State. Zip Return to Search List 602777537 Regular Corporation Nonprofit Active WA 10/10/2007 10/31/2008 MARK LUDDEN 601 U N ION ST STE #5100 SEATTLE WA 98101 Exhibit liumber of egeu f7@9 . owg[g MAY 2 9 2008 K.C. D.D.E.S. Disclaimer The State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access httn://www.scestate.wa.gov/nrint.asnx?url=httn://www.seestate.wa.tov/corns/search detail... 5/21/2008 'k CITY OF * * UB_ U_ RN WASHINGTON June 4, 2008 Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 Mr. Bob Thompson Cambridge Pointe LLC 601 Union Street Suite #5100 Seattle WA 98102 RE: FAC04-0025 Carrington Pointe Subdivision @ 11520 SE 304 ST Dear Mr. Thompson: All documents necessary for closing out this project have been received and the system is now accepted for operation. After the one-year construction guarantee period is expired 06/04/09, the City will take over maintenance and release the maintenance bond. Application for utility connections can now be made. If you should have any questions, please feel free to contact me at (253) 931-3022. Sincerely, Todd O'Brien Construction Inspector Department of Public Works TO/tlb/hb cc: Sam Castro, Sanitary Sewer Supervisor Chad Jordison, Water Distribution Supervisor Michele Jacobs, Senior Permit Center Technician Toni Lindstrom, Utilities Technician FAC04-0025 ????iiiieii? .,,.? II liumIbe of pages _J I AUBURN* MORE THAN YOU IMAGINED King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 www.kingcounty.gov Request to Record For Subdivision; Short Subdivision or Binding Site-Plan Date: 611 % 1•"Z n T To: S O l? Xle- , Land Use Inspection Section (LUIS) RE: Project Name: Cfl4(2 W (o 77 /J Trtl l7- Project No.: LO 3 ?Qll / 3 Final Activity No.:. Z-07 FkQ 2_ Inspection Activity No..: 4-0 6SX 1 1 3 The Land Use Platting Engineer named at the bottom of this form has requested that LUIS inspect the . referenced project for the items listed below: LUIS does not recommend recording if any of the items below (1-7) are marked NO. If all items are marked Yes, LUIS recommends recording with the financial guarantees and conditions listed in the General Conditions section below. KCC 9.04.090(c): 1, Are those portions of the drainage facilities necessary to accommodate thecontrol of flows discharging from the site constructed and in operation, per public R/D rule?_ Yes No NA KCC 19A.08.160: 2. Water-mains and hydrants are installed? (must be approved by Fire Marshall) Yes No NA 3. Roadways graded to all lots and capable of providing access by passenger vehicles? X- Yes No NA 4. Specific site improvements required by preliminary approvalare installed? X Yes No NA 5. Sensitive areas to remain undeveloped are delineated? _? Yes No NA 6, Temporary control monuments have been set by Land Surveyor? . X Yes No NA 7. All safety hazards have been satisfactorily addressed? Yes No NA General Conditions Section v0 1. Performance Financial Guarantee (FG) required for recording is $. ?. Note: Restoration FG may be used towards the Performance amount if a Performance A eement to complete form is submitted. A surety restoration FG conversion.to a performance FG requires a bond Rider. 00 2. Landscaping Financial Guarantee amount required for recordng is CorBrn,?p $ -qr-?814 3. Recreation Financial Guarantee amount required for recording is,.,,, ? $ 4. Street Tree Financial Guarantee amount required forrecording is 5. Significant Tree Financial Guarantee amount required for recording is $ 6. List any special financial guarantee requirements here and explain below $ 7. See page 2 for conditions that may require special language on the recorded document Comments: Inspector's signature and date: Senior Engineer's signature and date: RETURN ORIGINAL TO:. J ? f??ittg Esrglneer Cc: FGMU E'shiblt,Z I Inspect Activity Office Link Number otp"011- J._..a S/Current Fonn/RegtoRecordmemo_Rcvised 06.19.OLF.age V II D031107001470 LITY NRTIO COY 28.00 001 OF 008 17/2003 12:21 COUNTY, UA DEVELOPMENT AGREEMENT {DES, RATIOE? O;ECOVENANT} Return Address ?:,...:-tit . of Auburn 2eeE rtlul at the request of Planning Dept 25 West Main Street FIBF n'rA,A'rTnMAT TITLE Auburn, WA 98001 WSC03-005 Order0 Additional legal on page 9 ptn of SEQ::.?f SEQ of Sec 5-21-5 The:: Agreement executed herein befweern the "Cif. of>' fiuburn, Washington,: a municipal corporation, hereinafter referred"' to :ns:?-4"CIfY" and Distinctive Home guilders and the heirs, assigns, and/or:successnrs;;in tnterest of certain property, Ijereinafter referred to as "OWNER,"'is for andin"cohsideration of the furnishing of u#Iltty service by the CITY to certain property off-the OWNER hereina, ter: refer:red to as... "PROPERTY." The OWNER does hereby declare this covenant. T ACKNOWIEDMENTS`` . ND REPRESENTATIONS The OWNER does f?ereb' acknowledge and agree as follows: I 1 The' OWNED : is the 6woer. ` of: certain PROPERTY, which is located outside the corporafe limits Qf the CITY 1.2 The OWNER is seeking .Prel..immary; Plat' gpprovai from King County for the PROPERTY. 1.3. The OWNER has requested'fhe CITY.Ao furr}rsh--.water and sewer services to the PROPERTY, which the awner.:understands.and agrees may be limited by issues including the Endangered.: Species Acf :'(ESA)"`and other governmental agencies. .10 WSC03-0005 07/21/03 Page 1 Number ot. 1.4 This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35 67.310 and RCW 35.92.170 and. shalt not-.be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82 02.020 shall not be applied hereto. 1.5 Thjs? -Agreement does not preclude any evaluation and determination by-.: the. CITY that later development actions or proposals undertokeh'by fihe: OWNER r6dy require a determination of significance and environmental :i evaew: under SEPA. 'gcateewith 1.6. 'The PROPERTY ;s iri the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA: for,grineXation purposes as adopted by the CITY in its Comprehensives Plan pursUanf ta' thp_, ing County and Pierce County Countywide Planning Policies. 1 7 It is in the interest of the' citizens of the.CITY to insure that all developments which are or could be :constructed within the corporate limits of the CITY or. will be ultimately annexed •tnto fife CITY, are constricted in accordance 'with CITY development:, stapda:rds' as,- ?defned by section 14.18.00-6(C) of the Auburn City Code. 18. OWNER'S request for the extension !of utility services.- was duly considered by the CITY, and it was determined that the furnishing of water and severer services to the.. PROPERTY would be proper upon ,the fulfilling of all co'ndition:s.and.; co'venants:herem. 1.9. The OWNtR. does hereby acknowledge that in the event of violation or breach" of:. the terms ,.of this--.DEVELOPMENT AGREEMENT, or upon the invalidation of this AdREEMENT--by judicial action, operation of law or otherwise, the CITY reserves... the, right at its `sple:: discretion to immediately terminate the provision of utility serviceao fhe:.PROP.ERTY acid in such case the Owner agrees to indemnify and hold the CITY harm'. less from d'ny.'and`all claims of any party. 2. PROPERTY DES611KION The PROPERTY is hereby described as foiiow-' s.k" corttmority known as 11506 SE 304th Street - Carrington Point. wsc03-0005 07/21/03 Page 2 the PROPERTY is legally described in Attachment A, attached hereto and represented 'by reference as If set forth In full. The OWNER warrants that Attachment A is correct as fuliy.describfrtg subject PROPERTY. '3. COVENANT The OWNER, ln; consideration of the CITY'S agreement to provide utility service to the.PRQP:ERTY,.c{ae ,hereby covenant as follows. 3.1-` The OWNER'. agrees ?" on- ,his%her/their behalf and on behalf of his/her/their:'.heirs, successors ''and assigns. ;that the OWNER will not protest the future formati6ol of any local iM rover ment district for any or all of the following: domestic water, sewer service, streets, street-ti,ghting and storm water facilities, including regional detention acid water:q.uality `facilitiesJor any district which includes the PROPERTY affeeted by this agreement 4 AGREEMENT OF CQNDITIONS` AND/CSR MITIGATION MEASURES OF APPROVAL.:, The:.OWNER, in consideration. of,Jhe C1tY'S...agreement tt" provide water ahd sewer `utility services to the PROPERTY, arid in recognition: 'of the CITY's conditions :for onnexation of the PROPERTY, does 'hereby..ggree?to: co' ply with the followi'ng-, 4.1. _:Appticant rs.,required to install water lines to supply adequate flow and pressure to city standards (35-80 psi & 1500 gpm for 2:?h.ours). Single- ": family areas require minimum 8-inch lines System must be looped from 304fFCStreet fio SE`301`St_i'16ce 42. Sewer is"avallcible.an `SE 301 st Place and to the south at 304th Street and 116th Ave. SE. Site-specific requirements regarding sewer extension should be discussed wit,hAhe City's: Engineering Department. 4.3 Applicant is requirecl.to:install sewer h.nes to. adequately serve the development This will require cob.struction: of an 8" sewer main to serve all lots 4.4. Access to Lot i shall be to :1 l 6fh enly Access§Jo Lots 5, 13, 14, and 20 shall be to the cul-de-sacs only. Access:'to dots 21724 dnd Lots 10-18 shall be to the adjacent access tracts only WSC03-0005 07/21/03 Page 3 4:5. The community park ("Tract G") frontage improvements shall be extended southward to a point opposite the northeast corner of the SE 302nd Ct & 116th Ave SE intersection where a legal pedestrian crossing can be m 4.6. Curb ,..gutter a.nd sidewalks shall be provided throughout the proi.ect 4:7.-: Ail:'Oreets.shdil be pubiic.,.,_ 48 Half-street trnprovements;peF.Ab- burn City standards are required along the frbntages.,of SE `304th' Street, 116th Ave SE, and SE 301 st Place. 4.9. Minimum of:24' Qt paved roadway surface must be provided on 116th Ave SE 4.10 Fire hydrants shal.l.:be:: nstalled per Au6urri`Gity Standards (ACC 13.16 060). 4 11,.::-; Any impact fees calculated dnd-paid ' to King`Cour ty for ei:th r transporf0tion or park impacts shd11>be repdrted to_thQ.1Ci.ty of AUbueh 4.12. ;:All other applicable City developm-ent'.stdndards shall be complied 5. GENERAL PROVtSiONS The OWNER and the CITY do hereby acknowledge..,dnd agree to the following,,orovisions,- which apply to the entire Agreement herein. 5.f.':.. The OWNNER agrees that:.all future land use and development on the PROPERTY will rheet'.all ldrtd use `andAeveJopment standards of the CITY. In the event of a conflict,befween CITY atandards and any applicable County standards, the more restrictive..standards:as determined by the CITY shall apply. 52. Nothing in this agreement shall::be.constbed to create any financial obligation on the part of the CITY with regards to annexation, construction of utility facilities and appurtenances;.. or a-ny :othrer. .matter. '`The>OWNER and the CITY hereby acknowledge that it is the. OWNER'S responsibility to_ „finance the design and construction of utility facilities needed.: to:serve 01?VNER'S? property WSC03-0005 "" 07/21/03 Page 4 consistent with CITY plans and specifications, unless otherwise agreed by the CITY 5.1 ` The OWNER agrees to allow CITY, at CITY'S option, plan review and cpproval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall rein).burse the CITY for any reasonable costs incurred in suoh pion.review and inspection :54 'No modifications 8f.:-this Agreement shall be made unless mutually agreed upon by the,.parties jh: writing;.., \ 55 If'for..any reason oiany:.-?efault or breach on the part of either the OWNER or the CITY in.ahe.performance of any of the provisions of this Agreement a legal action is instituted, the partx/?no:t` prevailing agrees. to pay all reasonable costs and attorney fees and costs`in Connecfibn there. With It is hereby agreed that the venue of any legal action br6ug# t under the..-terms of this Agreement shall be King County, Washington The.,applicable faws, rules, and regulations of the State of Washington and the CITY shall govern'this Agreement.'. 5 6; The 'terms and provisions of this Chi=VELQ.PMENT•'AGREEMENT shall inure to the ': :benefit and become binding upon ;'the: heirs, ;;'assigns and/or successors; in interest of the parties hereto and is a covenant, ui niryg with the land. The QWNER agrees to indemnify and hold the Clay harmless from any claims tha#,:any;subsequent purchaser may have as a result of.this Agreement, including CITY's dttorriey fees and costs. Any notice' or;demand,.required or permitted to be given under this Agreement shall be>sufficaent if,given- :in writing and sent by registered or certified marl, return receipt requested; to''t..he ciddress of the parties set forth below. Any notice shall be deemed Ito have been given 'on the date it is deposited in the U S. Postal Service mail with postage,prepaid. 5.7.1 The OWNER waria6ts. that the O- WNEk' will undertake, and be responsible for, all notifications, including"recording;•to all Parties of interest and future parties of interest. 5.8. In the event that any term; :provision,: co.ndifion;' clause.. or other portion of this Agreement be held to be inoperative, invatid,,'void, _.or in'::conflict WSC03-0005 07/21/03 Page 5 with applicable provision, condition, clause or other portion of this Agreement, and' the remainder of this Agreement shall be effective as if such term, provision, condition- or other portion had not been contained herein, and to this end, the D el?`B. H City Attorneys. STATE OF WASHINGTON' ss COUNTY OF KING ) On this day of 2003, before me, the undersigned, a Notary Public in and for. he'Sta .e ofWashington,, duly commissioned and sworn, personally appedred POER'B. LEWIS and.DANIE!! `DASKAM, to me knowngs th4-.Mayor and City Clerk, for the City of ?Auburn,..the corporation who executed the w thin and foregoing instrument, and acknowledged the sped instrument to beAhe free and voluntary act and deed of said City of Auburn, fo.rthe uses and purposes-therein m:ei ntioned, and on oath stated that he is author#zed,to execute said instrument on' behalf of said corporation. IN WITNESS WHEkEOF,.a have Hereunto set my hand and affixed my official seal on the date hereinaboye set forth i A.Z` ••?g10N?c • r1 JAML Q : ?? ?,c •, p?fi..: o NOTARY s U .' t? V, dWN,IRS: Allan: Katpe Susan:Xarpen. DistlncfiVe Home ;B"uilders BY V Russell illard STATE OF WASHINGTON } } ss COUNTY OF KIN., t.A? On° day o 200.3, before me the undersigned, a Notary Public in and for the State: of>Washingtoh, duly commissioned dnd sworn, personally appeared Russell Millprd" fhe M.ondging Member of DisfinctNe Homelauilders, the REPRESENTATIVE that executed ttie -Mthin and foregoing msfrument;'and acknowledged the said instrument to be the free and volvntary act and,:deed Qf said OWNER, for the uses and purposes therein mentioned, and or ,oath-sfated that theyare duthorized to execute said instrument on behalf of said OWNER IN WITNESS WHERE0Fj have l ereurtto set my hand and affixed my official seal on the date hereinab' 6ve set forth 0 fit wa?.•?5 ??+.o : O(>'rintedlariie} p _ AOTAgy NOTARY PUBL.i: r th.e?S.tate of Washington, $rcn : PUgu? : ?o? residing of l??c'• s 9-0? •' ?'??- MY COMMISSION. EXPIRES: e??i ?? WASN???` ~ WSC03-0005 07/2 9 /03 Page 8 11 001 OFFICE OF THE REARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 29611660 Facsimile (206) 296-1654 REPORT AND DECISION June 17, 2004 Numbetr Rf %'W SUBJECT: Department of Development and Environmental Services File No_ L03P0013 Proposed Ordinance No. 2004-0228 CARRlNCTON POINTE Preliminary Plat Application Location- The northwest corner of the intersection of Southeast 304th Street and 116th Avenue Southeast. Applicant: Equity Management Group NW, represented by _ ., Andy Rykels 10436 SE Carr Road Renton, Washington 98055 Telephone: (425) 432-5772 King County- Department of Development and Environmental Services, represented by Kim Claussen 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Telephone: (206) 296-7167 Facsimile. (206) 296-6728 SUMMARY OF DECISION/RECOMMENDATION: Department's Preliminary R.ecomrnendation- Department's Final Recommendation- n Examiner's Decision: . F C, I, EXAMINER PROCEEDINGS: Hearing Opened: Hearing Closed: fSEP 19 2001 U K.C. D.D.E.S. June 10, 2004 June 10, 2004 Participants at the public: hearing and the exhibits offered and entered are listed in the attached minutes. Approve, subject to conditions Approve, subject to conditions Approve, subject to conditions Lo-7?=2oqEro L031FOOI3-C Iingtdn Pointe A verbatim recording of the hearing is available in the office of the Ding County Hearing Examiner. FINDINGS, CONCLUSIONS & DECISION. Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS- I. General Information. Developer. Russell Millard Equity Management Group NW, LLC 10436 SE Carr Road Renton, WA 98055 425-432-5772 Engineer: Rykcls Engineering Group, Inc. PO Box 133, Kent, WA 98035 STR: 05-21-05 Location- The site is located north of Southeast 304`h Street and west of I l6t' Avenue Southeast 2 Zoning- R-4 SO f Acreage: 6.23 acres t Number of Lots: 25 lots Density: Approximately 4 units per acre Lot Size: Approximately 6,000 square feet Proposed Use. Single-family detached dwellings Sewage Disposal: City of Auburn Water Supply: City of Auburn Fire District- Auburn School District: Auburn School District Complete Application Date- June 9, 2003 2. Except as inodified hefein, the facts set forth in the King County Land Use Services Division's preliminary report to the King County Hearing Examiner for the June 10, 2004, public hearing are found to be correct and are incorporated herein by reference. The LUSD staff recommends approval of the application, subject to conditions- 3_ Equity Management Group NW, LLC, has filed a preliminary plat applications to subdivide 6.23 acres into 25 lots for single-family residential development. 4be property is located on the plateau above the Green River Valley east of the City of Auburn- This site is adjacent on its west and northern sides to the Car ington Bluff subdivision. 4. Southeast 301 "'Place within Carrington Bluff has been constructed and barricaded to the northern boundary of Carrington Pointe at a location west of the undeveloped right-of-way for 116' Avenue Southeast. The Applicant proposes to construct a 90 degree horizontal curve at the plat's RUSS 16002 f.03P0013--Camngton Pointe 3 northeast corner to connect the two roads. Access to the plat will be provided via the newly constructed 116'h Avenue Southeast roadway- 5. Construction of 110h Avenue Southeast will complete a connection between the plat of Carrington Bluff and Southeast 304'h Street, a collector arterial that runs along Carrington Pointe's southern boundary. A number of neighborhood residents have expressed concern that this newly completed connection will attract cut-through traffic seeking to avoid arterial congestion west of the plat at the intersection of Southeast 304`h/l 12"' Avenue Southeast. The iraf c study for Carrington Pointe acknowledges that between 15 and 20 local trips destined east- bound along Southeast 304`x' Street will be diverted to this new route as a shorter access in and out of the neighborhood. However, the Applicant's traffic study and county staff both concluded that cut-through traffic from outside the neighborhood will not be attracted to this route. But neighborhood residents have expressed continuing concern that cut-through traffic will be induced to use the 116i1' Avenue Southeast to Southeast 301" Place mute and have argued that the proposed access to the north be barricaded at the plat's northern boundary. 6. It appears. inevitable that the rapid pace of new urban residential development in this area will cvcntually require srgnaltxation improvements, first at the intersection of Southeast 304'1, Street/] 12`' Avenue Southeast along the major arterial routes, and later at Southeast 304d' Street/1166 Avenue Southeast to manage traffic flows to the public school complex located south of Southeast 304h Street. It is also possible as arterial congestion approaches critical mass that vehicles from outside the neighborhood may seek alternative cut-through routes to avoid intersection congestion. Having said that, two points need to be made- First, the major impetus for intersection improvements will likely be the upcoming development of as many as 600 residential lots on the Kent Watershed property. This project will produce the traffic volumes that actually require signalization and lane improvements to be made. Second, if there indeed will be a cut-through problem to be mitigated, it is not likely to occur at 11611, Avenue Southeast but rather further west at 112'h Place Southeast within the recently-approved plat of Cambridge Point, which will soon construct a much quicker and more obvious cut-through route than will Carrington Pointe- 7- The critical issue at the Southeast 304`1, SErect/] l6`" Avenue Southeast intersection is primarily school-related. Completion of the 116'h Avenue Southeast connection into Carrington Bluff will attract from the immediate neighborhood both school children who walk to school and are driven to school by their parents- Congestion will increase during the morning school drop-off hour, and traversing Southeast 304'h Street within the existing crosswalk may become more problematic. The important consideration here, however, is to recognize that while construction of Carrington Pointe may complete this roadway connection, the plat itself will only contribute a handful of school children to the problem- Staff's proposed revision to condition I I b. will require Carrington Pointe to install the underground hardware necessary to supporta potential future traffic signal at Southeast 304'1, Street/] 16`h Avenue Southeast. This is a fair and reasonable contribution for this developer to make, oven though it recognizes that ultimate construction of the signal may depend upon the contributions of other neighborhood developments and monitoring by the County Department of Transportation as to its precise timing. 8. The second major issue with respect to Carrington Pointe relates to the accommodation of drainage issues. This property lies at the northcra extremity of a chronically afflicted downstream drainage system that transports flows from the plateau over steep slopes and down 1-03FOOl 3-Can-ington Pointe 4 into the Green River Valley. There is a historic conveyance capacity and flooding problem at a mobile home park lying south of the school complex, as well as erosional problems within the channel leading to the Green River Valley- in response to these problems the Applicant will be required to apply the county's most restrictive release rate, level 3 flow control, which will meter out storm flows at a rate less than the predeveioped condition. 9. The Carrington Pointe property itself generally slopes toward the east and in the natural state runoff sheet flows in that direction. Most of these flows now end up within an ornamental pond on the Fetz property directly to the east or in the drainage swale that lies south of the pond. A drainage adjustment bas been granted to the Applicant to consolidate plat flows and route them to the plat's southeast corner where a drainage facility will be constructed- The most obvious consequence of this diversion adjustment will be to greatly reduce the amount of runoff that travels east onto the Fetz property. Although some flows from the roofs of the northernmost tier - of lots will need to be diverted to the northeast corner wetland in order to maintain adequate hydrology, most flows will remain onsite until they am released from the RID pond to a proposed new culvert system underneath Southeast 300 Street. The Fetzes were also concerned about the elevation drop to their property from the new I I e Avenue Southeast roadway as it transitions up to Southeast 304'h Street, but the details for this improvement have yet to be designed. The Fetzes would be well advised to monitor the final engineering plan process to assure that their needs are being addressed. CONCLUSIONS: 1. King County Comprehensive Plan Policy T-306 encourages the development of highly connective road systems for residential neighborhoods. This policy supports a distributive road system which creates multiple entries and better emergency and fire access to residential neighborhoods. Linkage of I I6`h Avenue Southeast to the existing right-of-way at Southeast 301 ' Place provides the desired connectivity but may induce some minor redistribution of existing neighborhood traffic. Use of this new route by traffic from outside the neighborhood for cut-through purposes is not deemed likely due to its circuitous character and the future existence of other more attractive alternative routes- 2. If approved subject to the conditions imposed below, the proposed subdivision makes appropriate provision for the public health, safety and welfare, serves the public use and interest; and meets the requirements of RCW 58.17.110. 3- The conditions of approval imposed herein, including dedications and easements, will provide improvements that promote legitimate public purposes, are necessary to serve the subdivision and are proportional to its impacts; are required to make the proposed plat reasonably compatible with the environment; and will carry out applicable state laws and regulations and the laws, policies and objectives of Icing County. DECISION: The preliminary plat application for Carrington Pointe, as revised and received on November 21, 2003, is j APPROVED, subject to the following conditions of final plat approval: > HUSS to 003 - 1,03POO13-Carrington Pointe 5 1 _ Compliance with all platting provisions of Title 19A of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952_ The plat shall comply with the base density and minimum density requirements of the R-4 zone classification- All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. Prior to or concurrent with the submittal of the engineering plans for review and approval by IDES, the applicant shall provide updated density calculations to verify that the proposed density can be achieved- This may result in the reconfiguration and/or loss of lots. 5. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). 6. The applicant must obtain the approval of the King County Fire Protection Engineer certifying the adequacy of the fire hydrant, water main, and fire flow to meet the standards of Chapter 17.08 of the King County Code. 7. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04- Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review- a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans- c. U/"The following note shall be shown on the final recorded plat; _ All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with DOES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit- All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." 06/21/ZU04 11:47 VAS 4Z5 ZG aa0 1I-u v v L03P0013--Carrington Pointe 6 8. The drainage detention facility shall be designed to meet at a minimum the Level 3 flow Control and Basic Water Quality menu in the 1998 King County Surface Water Design Manual(KCSWDM). 9. A drainage adjustinent(L04V0009) has been approved to combine the onsite subbasins into one post-developed detention facility. All conditions of approval for this adjustment shall be incorporated into the engineering plans. 10. The 100-year floodlplain for any onsite streams or wetlands shall be shown on the engineering plans and the final plat per Special Requirement 2 of the KCSWDM. I l _ The following road improvements are required to be constructed according to the 1993 King County Road Standards(.KCIZS)- a. SE 302`d Court and SE 303`a Court shall be improved at a minimum to the urban minor access street standard. b. 116" Ave SE from SE 304'h St. to SE 301 " Place shall be improved at a minimum to the urban subcollector street standard; except for that portion lying east of the eastern site boundary. The portion lying east of the site boundary (on existing county RIW) shall be improved with a minimum 14 feet paved driving lane and 4 feet shoulder or pavement (- transition to be reviewed at engineering plan submittal. Detail of the transition to the existing residence driveway and frontage shall be shown on the engineering plans. Underground conduits, junction boxes, and directly related appurtenances for a potential future traffic signal shall be installed on the west side of 116`" Avenue Southeast and the north side of Southeast 3040' Street. Plans for those signal-related improvements shall be submitted to King County Department of Transportation for review and approval. If the 116" Ave SE improvements require alteration to the 'tract E stormwater detention tract in Carrington Bluff Div 1, these alterations shall be shown on the engineering plans. A Special Use Permit is required for any proposed off site stormwater tract alterations. C. FRONTAGE: The frontage of the site along SE 304'x' St.(north side only) shall be improved to the urban collector arterial standard with provisions for a bike lane. Tract C shall be a tninimutn 26 feet wide and improved as a private access tract per Section 2.09 of the KCRS. This tract shall be owned and maintained by the lot owners served. Notes to this effect shall be shown on the engineering plans and on the final plat map. e. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. nU5.Y tODU4 _ 1,03P0013--Carrington Pointe 1 All utilities within proposed rights-of--way most be included within a franchise approved by the King County Council prior to final plat recording- 13. The applicant or subsequent owner shall comply with King County Code 14. Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance- The applicant has the option to either. (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time ofplat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid-" Iftbe second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application- 14. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 15. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21 A.24. Permanent survey marking, and signs as specified in KCC 21 A24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 16. Preliminary plat review has identified the following specific sensitive areas requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. a. The Class 2 wetlands shall have a minimum 50-foot buffer of undisturbed vegetation as measured from the wetland edge- b_ Buffer width averaging may be allowed by King County if it will provide additional protection to streams/wetlands or enhance there functions, as long as the total area contained in the buffer on the development proposal site does not decrease- To ensure such functions are enhanced a mitigation plan wr71 be required for the remaining on-site sensitive areas. An enhancement plan shall be submitted for review during final engineering review. c. The wetland/buffer impacts for road crossings maybe allowed per code provided the crossings minimize impacts through construction techniques, provide mitigation for unavoidable impacts, do not change the overall hydrology, do not diminish the flood storage capacity, and are constructed during the summer low water period. d. Sensitive area Tract(s) shall be used to delineate and protect sensitive areas and buffers in development proposals for subdivisions and shall be recorded on all documents of title of record for all affected lots. UO/Lli LUU4 11:41 rn-1 %LJ Lr. fr L03P0013---Carrington Pointe ce A 15-foot BSBL shall be established from the edge of buffer and/or the sensitive areas Tract(s) and shown on all affected lots- f: A mitigation plan and financial guaranteetbond will be required for any proposed impacts of sensitive areas- The bond amount will include all components of the mitigation plan including, but not limited to, plantings, grading, fencing, signs, inspections, and monitoring for five years. g_ Prior to commencing construction activities on the site, the applicant shall temporarily mark sensitive areas Tract(s) in a highly visible manner, and these areas must remain so marked until all development proposal activities in the vicinity of the sensitive areas are completed. h. Prior to final approval of construction activities on the site, the boundary between the sensitive area Tract(s) and adjacent land shall be identified usingpermanent signs. Sign specifications shall be shown on final engindering plans and shall be installed every SO feet or as deemed appropriate by county staff at the time of engineering review. i. During engineering plat review the applicant shall provide a wetland hydrology analysis to demonstrate how the wetland hydrology will be maintained post-construction- Development authorized by this approval may require other state and/or federal permits. It is the applicant's responsibility to correspond with these agencies prior to beginning work on the site- k. During engineering review, the plan set shall be routed to the sensitive areas group to determine if the Sensitive Areas conditions/code requirements have been met. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the pub) io health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer- The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by lave. j The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King -11- 'F/J V V iI f L03P0013---Camngton Pointe 9 County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed- No building foundations are allowed beyond the required 15-foot building setback fine, unless otherwise provided by law- 17. Suitable recreation space shall be provided consistent with the requirements of KCC 2IA.14.180 and KCC 21 A_14.190 (i_e_, sport court[s], children's play equipment, picnic table[s], benches, etc.)_ a. An overall detailed recreation space plan shall be submitted for review and approval by DDES, prior to or concurrent with the engineering plans. This plan shall include location; area calculations, dimensions, and landscape specs, equipment specs, etc. b_ A perfomiance bond for recreation space improvtments shall be posted prior to recording of the plat. 18. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, and sensitive area tract- 19. Street trees shall be provided as follows (per KCRS 5,03 and KCC 21 A_ 16.050)_ a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads- Spacing may be modified to accommodate sight distance; requirements for driveways and intersections. b. Trees shall be located within the street right-of--way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. c_ _ If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat e_ The species of trees shall be approved by DDES if located within the fight-of way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. L03P0013-Carrington Pointe f_ The applicant shall submit a street tree plan and blond quantity sheet for review and approval by DDES prior to engineering plan approval. 10 g. The applicant shall contact Metro Service Planning at 684-I622 to determine if Southeast 304th Street is on a bus route. If so, the street tree plan shalt also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat- If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 20_ The following condition has been established under SEPA authority as a necessary requirement to mitigate the adverse environmental impacts of this development The applicant shall demonstrate compliance with these items prior to final approval. Wetlands - A 4-foot high split-rail fence and signs shall be located along the outer boundary of the wetland butlers (i.e_ Sensitive Area Tracts)- The fencing and sign details shall be shown on the final engineering plans. Sensitive area signs shall be installed on the fence at 100-foot intervals or as appropriate- The fencing and signs shall be maintained by the abutting lot owners and/or Homeownces Association as identified on the face of the final plat. 21- To implement KCC 21 A_38230 (SO-220) which applies to the site, a detailed tree retention plan shall be submitted with the engineering pla»s for the subject plat. The tree retention plan and engineering plans shall be consistent with the requirements of KCC 21 A.38230, as well as the conceptual tree retention plan which is part of the hearing record for this project- No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided consistent with KCC 21 A.38.230B4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to KCC 21A.38.230B4d(2). A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future lot owners of the proposed lots, consistent with KCC 21 A.38.230136. Note, the tree rcte ration plans shall be included as part of the final engineering plans for the subject plat. 22. The applicant shall comply with the seasonal clearing ORDERED this 17th day of June, 2004, restrictions per KCC 16.82.150 D. King County Hearing Examiner U17/21/ZUU4 11:415 kAX 42b ZZU '6 XUS5 `.° LMP0013-Carrington Pointe TRANSMITTED this 17th day of June, 2004, to the parties and interested persons of record- Norman Adamson Janet & Phil Amundson David Baker 11604 SE 304th St_ Carrington Bluff HOA 11112 SE 304th Street Auburn WA 98092 11430 SE 301s1 Pl. Aubum WA 98002 Auburn WA 98092 Gary Conley Darrell Davis Norma K & Lloyd Fetz 11221 SE 3015t Way P-0. Box 5069 11604 SE 304th Aubum WA 98092 Kent WA 98064 Aubum WA 98092 Steven Foley Patrick Gleason Mark & Rita Guptil 11624 SE 304th Street 30119 - 112th Pt SE 12932 SE Kent-Kangley Rd_ #361 Aubum WA 98092 Auburn WA 98092 Kent WA 98030 Milton Lim Dave Millard Russell Milt ird The Transpo Group LMP. Inc. Equity MgmL Group NW LLC 11730118th Avenue NE Ste 600 20924 SE 213th Street 10436 SE Carr Rd. Kirkland WA 98034 Maple Valley WA 98038 Renton WA 98055 James Mondt Kathy Raphael Andy Rykels 11215 SE 305th Street 30009 -118th Ave. SE Rykels Engineering Group Auburn WA 98092 Auburn WA 98092 28301 183rd Avenue SE Kent WA 95042-5374 Seattle KC Health Dept. Greg Sorba Kim Claussen E. Dist. Environ. Health DDES/LUSO DDES/LUSD 14350 SE Eastgate Way MS OAK-DE-0100 Current Planning Bellevue WA 9$007 MS OAK-OL-0100 Nick Gillen Kristen Langley Carol Rogers Wetland Review DDES/LUSO ODESILUSD DDES/SDSS Land Use Traffic MS OAK-DE-0100 MS OAK-DE-0100 MS OAK-DE-0100 Steve Townsend Larry West Bruce Whittaker DDES/LUSD ODES/LUSD DDES/LUSD Land Use Inspections Geo Review Prel_ Review Engineer MS OAK-DE-0100 MS OAK-DE-0100 MS OAK-DE-0100 NOTICE OF RIGHT TO APPEAL rFJ U U t5 II In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or before July 1, 2004. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifying the basis for the appeal ahd argument in support of the appeal must be fled with the Clerk of the King County Council on or before July 8, 2004- Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 516 3`a Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p-m_) on the date due. Prior mailing is not sufficient if actual receipt by the Cleric does not occur within the applicable time period- The Examiner does not have authority to extend the time period unless the Office of the LWPW13--Can'ington Pointe 12 Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE JUNE 10, 2004, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L031`0013. Stafford L. Smith was the Hearing Examiner in this matter- Participating in the hearing were Kim Claussen, Bruce Whittaker and Kristin Langley, representing the Department; and Andy Rykels, representing the Applicant, and Phil Amundson, Lloyd and Norma Fetz, Russell Millard and Milton Lim, The following exhibits were offered and entered into the record: Exhibit No. I Exhibit No. 2 Exhibit No. 3 Exhibit No_ 4 Exhibit No_ 5 Exhibit No. 6 Exhibit No. 7 Exhibit No_ 8 Exhibit No. 9 Exhibit No_ 10 Exhibit No_ 1 I Exhibit No. 12 Exhibit No_ 13 Exht`bit No. 14 Exhibit No. IS Exhibit No. 16 DDES File No. L03POO13 DDES Preliminary Report dated June 20, 2004 Application received May 12, 2003 Environmental Checklist Received May 12, 2003 Mitigated Determination of Non-Significance dated April 16, 2004 Affidavit of Posting indicating June 23, 2003 as date of posting and June 25, 2003 As the date the affidavit was received by DDES Plat Map Received November 21, 2003 Assessors Maps SE 5-21, SW 4-21-5, NW 9-21-5, NE 8-21-5 Wetland Assessment by J.S. Jones and Associates, Inc, dated November 27, 2002 Level I Storm Drainage Analysis and Conceptual Drainage Report by Rykels Engineering Group, Inc-, Received May 12, 2003 Revised Level 1 Storm Drainage Analysis and Conceptual Drainage Report by Rykels Engineering Group, Inc., Received November 2l , 2003 Conceptual Drainage Plan Letter to Russ Millard & Andy Rykels from Jaynes Sanders & Jim Chan dated April 22, 2004; Drainage Adjustment - File No. LO I V0009 Letter to Kim Claussen from City of Auburn dated May 21, 2004 Correction to StatTReport; 19. g. Transportation Impact Analysis done by The Transpo Group, Inc., dated November 2003 Exhibit No. 17 Correction to Staff Report; 11. b. Exhibit No. 18 Photographs taken by Lloyd Fetz of barricades in other neighborhoods Exhibit No. 19 Photographs taken by Lloyd Fctz of property surrounding his property SLS:po L03POO13 RPT d a y m N O D 0 N W 0 O b G_C O D ym T 0 D Q 4 a c a `m c m 3 v v w 0 ?' i Planning, Building, and Community Department 10/1/2008 Current Subdivision Process (5 lots or more) Summary steps of the subdivision process for long plats. Step 1. Pre-application conference is generally held (not required) Step 2. Preliminary Plat application submitted by applicant Step 3. SEPA (State Environmental Policy Act) review is conducted by city staff, which includes review by outside agencies with jurisdiction, public, and others. One of three SEPA determinations can be made: Determination of Significance (DS) which leads to an Environmental Impact Statement (EIS) Determination of Non-significance (DNS) - no mitigation measures Mitigated Determination of Non-Significance (MDNS) - includes mitigation measures to address environmental impacts Step 4. City staff (planning, public works, building, fire, etc.) analyze the preliminary plat application (done concurrently with the SEPA review) based on current codes and regulations. A staff report is prepared for public hearing to be held by the Hearing Examiner. Step 5. Hearing Examiner conducts the open record public hearing, with testimony from staff, public, and applicant (only opportunity to provide testimony). Examiner makes findings and recommendations to the City Council. Step 6. City Council may hold a closed record hearing (no new testimony allowed) and then makes a decision of approval, denial, or remand back to the Hearing Examiner. If approved, the council includes conditions of preliminary plat approval. Step 7. Applicant submits engineering plans (FAC), which include compliance with conditions of preliminary plat approval and other code requirements as of the date of application. Step 8. City Engineer approves the FAC Step 9. Applicant constructs project according to approved FAC Number of Pages Page 1 of 2 Planning, Building, and Community Department plans (e.g. streets, utilities, storm, parks, etc.) Step 10. Project receives final construction approval of the FAC. Step 11. Applicant prepares final plat, with legal descriptions, survey datum, and conditions to memorialize the legal aspects of the plat. The final plat is not submitted until the City Engineer signs the certificate of improvements. Step 12. Step 13 Council approves, denies, or remands to staff the final plat. Once approved the final plat is recorded with the respective county (King or Pierce). 10/1/2008 Carrington Pointe is at this stage. Final plat reviewed by King County staff and City staff. Preliminary plat approval granted by the King County Hearing Examiner. Page 2 of 2