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12-102820
CITY OF �. Fe d ra I Way Nlr: Pete. L y.6beris Quad rant. H0rites 14723 SE 36l" Street;:S'ilite;TOO. liell.Vue -W.A 9800. CITY rAt_L 33325 SO AV,eniU(3 SOUt.') Fede;a` bUay, VVA 9�3U01-i-1;:325 {25 3) 835-7000 Ite: °Fria} I'1'tit.#`I:2=T;02.820-©.i1 C1; i�oi tr t c�F Coyrit't.t t°> :aNruCATION 'W itst®tie-Cast(aka•Campus.Crest);,700-SW-CartxpusDrive,Federal'Way Pear -Mr: Lymberi.s: [:he.Departmerito(Camitt:utt'styand:F.evnumic Development received protect infc�r}nation submitted oil J.tine.2-0,201-2.•Sept4[mber-14.-20.122alli3 Sgptesnkl 26, 2012: For the Wylrstone Cast final NEiL Purs;.uiul it3•tllf:'J'E:ilttsre;Et1211.t5 uf.tllC f'L'CiL'Y.C!( WLFy.I{zT'iSed Cotle (.F'wl'RC). tile city has revievred the application for tpntpfianct;With FVi RC Ti Lit A8, 1.8140.020. Conan t,u�E-APPUCA:riQN P). am. consider this, letter -as a Utter of Campletertesa- Tlse application is deen:ecl.complete as -of November G, 2012, bused on. the submittal requirCMIttS fE1r Oita] plat applications. A 30-day time line for appru.ving.the: project has started.as et -this date,.pursuanl to f`1'ICC 'fide 18, 18.40.030, 1•lowever, tite 30- dny time. title call be stopped 3tatlytime-that the -city re questsadditictia:l itlfur.,nativn.. NLXT STEPS Based onv the. sarisl'action of-iti tms:required•for the complere witt be.fbi-warded t!, the rederat W"ay City C011111t4E0_I�e considered at the ir.sp"W nteeting.sdheduled- fiQr Tuesday, ecemLcr t; 2(1k2. This ntel tin •t7e�iirs at 6-00. p:rn. ih the Federal Way City.Council ChuFtthers. Lit staff wili.present the final plat'a{iplicsetio+i'to:the_C•i't} C.otuicil, wbo will maste. determinat'ioti nn-final platappEeavxl. A,copynfti;cstaffe�i►luatian'for.tlic-Friel•plat'will be fd&and'd'to•y,ourattuntsocswI�eli.st is available. In order tui pl iOccecl•'with.the scheduled consideration ()Cthe ttnal •plan at the. December 4. 20127 City Council SpLt:ial'Vleeting the f011atving..1t1tist be -clone: Public ►►orks..imprvver;tents must:be.coinpleted ire;- the approved plains. E.r'cepiions include tile t$ttdI paveanent:overlay;anii•rlie ntnttt nientaticm within the Overlay area. which must tip bouded. „_ I1? n w• Fqovcmber 6- 2012. The f0110% Ing added' ea the�,fijtzc- Of -the plat, Sheet 4, in conjunction with the mx,.. 031 SWGampus'1Drive.stafi1q,,r ,:rh,is.portibit..is-ded.idatod 1001e pUbOiC!,Llse.'for road recortlirig P bf chis.-glav% "A Mccnse-fiyr'lxrigofibrt.r&c6rdin,&-dumber . -5 to -the.P'Iantir strip within S%"C6Tjjp,,s:j.)riy.e- tOlie0e-maintaihddby the-Wnstont ... -Sheef'3 to.:rrzad as f6flows: "Per FedeKrIIfqp gcvjs&dCOjje Applied in;FVflexible :1 9.420..it 0(6); ,front yard setbacks mp-y �'c. i' tjif I " ' - P n fri tl it yarA &04hu"S.t he' nl,lillta in all cases-and'a-rhiiiiiinurn 20 roorsetback shall'apply to garages, unless the and driveway are oriented in sLlCh a way as to providea nl'ill ifflLim 20 foot len-th .OFT4 the aarage withili the property bmindarics." Should the city council approve the filial plat application, the l'ollowinc, int' " i-marion must be Submitted Urbre the appi-oved Allal plat will be recorded at King COLlury, but dues not impact the 30-day time fraine. Fc,;J 0011-Space fees In IcAs.32-52. 58-73., 79-95, 9nd 99-W-1 art: kfi'tu haled on 11.76% of the ')0 VRlUe OFSI.1-)5.3,700.0(), divided hy 2 (otic half .of the Optin.spzt'.Ce:re.e iS.bejng Oererred — per item 2 bclov.)..POyjjleIjt (yr [Ile Si I 1r.8 17.56 1br -upen space fee S F(jr Ile '()'S SP"'Fled in this Sachem MUSt be SLIbIllitted befbrc 2. Sp!WCAC JeNrIM111 for lots- 1�13 1;53-371 7478,(M98, aisdIO2-:I14 fOL15t 4C sabaiitie'd to tivc city 3. Fee: 1'mMc,m.itigdti4 I lie .)I fees 5 i (I t arnOW) t (&S202--3AzL(JUqfl jist,be:;su bm itted. fore dle,'my I a r w i I I :be forwarrOed:to Kjag C COLifity 6mCDI`Cliffg. 4:: ill tile an),01.1111 '14-446,66. -S'Llst be Oat Kfiig-Cbunr} Ibi recording. Statirem: y War-"wftv-E)ecds,.- A'! I sm r t 4M. --wearrailty-deedk- mti,$I:becotii.p.".Ieted-aiid.SLibiii ittect (br recording filurl plat map. irri(*,,Arioh-eakrneilLmust btfoc)i-nple[ecland sLibmiticj rorreuord-ing in COII.j,Ll:llctiOn-wit-li'tite:Fitial;.I)Iatiiiap. Providea.signed;mylar. topiherwifli three copies of the Signed-InYIm Thesc will . V be sigsic d by the city 110110will" the Ciry counc if inecting ol`DecL-mlber 420 1.2. S- One-si�uned afidaiotarizcd.copy of the CC&R.s niu,"'t he tbl- recording at King Mr.*.Pet.c Lymberis hge,?.OF3 9. Recording.r-cor. A 61c& pa,,-a4te- to,the.Cily•of- Fediv.,71 Wqv.rnust be submitted io reimmirse the city for record in g,fms vv Stall Rtcalculate.We Kiii—Cotalty fee for rec-ardingthe final Plill. '7! a dee dg_aj 1 d CC. & ks. T1 is- i jv ron n aLi o a w i I I be pFov i ded to you �%s soon i a s i I i s available:yQu are aware,,all-outstanding fees associated with -plat inspections must be paid to the 6t%, 'W'd ariv propeny ta.,,( paymcnisimus'(be brought-up-lo=date with King Coulity before the Plalivil) berecorded. Citl,.stsffw . ill ha"dlc the reco4ihg of the final plit, CC& Rs, L.:ovenants, and deeds. You will be sent a -copy of the recorded plat documents and all receipts. (cati be readied at,253.81&2-G44, or jgntC.SjjU I f@6i[yoffe(l&rll,.N-aY.COM, if You have any questions about this. letter- We.took r6rward-to. prqceedin.- -with this application. Si-n-cer0v„ Janot.B. S , hull, AIC,P,.CSBA,.L..F;E.D:lGr6eii,A ate lartior Planner Samly Lsk iig. SL:n iarl manxi;'Witi i 11 Licu I Kris"Nefimin. Barjltat&i) 64WIlLiMle-Frigymcm PLANNINGCIVIL EN July 20, 2012 COURIER DELIVERY Janet Shull Senior Planner City of Federal Way Community and Economic Development 33325 - 8th Avenue South Federal Way, WA 98003-6325 RESUBMITTED JUL 2.0 2012 CITY OF FEDERAL WAY CDS RE: Responses to Planning Division Review Comments Modification Request for Rockeries and Retaining Walls Campus Crest (a.k.a. Wynstone East) - 700 S.W. Campus Drive, Federal Way City of Federal Way File Nos. 12-102094-00-CO and 12-102631-00-CO Our Job No. 15500 Dear Janet: We have revised the plans and technical documents for the above -referenced project in accordance with your comment letter dated June 27, 2012. Enclosed are the following documents for your review and approval: 1. One copy of the Resubmittal Information Form 2. Five copies of the Modification Exhibit 3. Five sets of the revised Grading Plans prepared by Barghausen Consulting Engineers, Inc. dated July 20, 2012 4. Five sets of the revised Limited Scope Building Permit Plans for Lots 85 through 92 prepared by Barghausen Consulting Engineers, Inc. dated July 20, 2012 5. Two copies of the Supplemental Site Wall Design prepared by Terra Associates, Inc. dated July 20, 2012 The following outline provides each of your comments in italics exactly as written, along with a narrative response describing how each comment was addressed: We recognize that the site layout per the approved preliminary plat is challenging due to its tapography and lot Payout and that you have worked hard to lessen the height of the walls and attempted to select home plans that lend themselves to steeply sloped lots. Before we can finalize a decision on this request we are requesting further analysis of wall terracing o all cases where wall height exceeds six, feet, and the following information: ptions in I. Please confirm the lot numbers where the minimum setback from retaining walls is not met. The modification letter identifies lots 32, 53, 64, and 96-98. However, the modification plan drawing only identifies lot 64 and lots 96-98. (This clarification will not be necessary if employment of a wall terracing option eliminates the condition.) 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES ♦ OLYMPIA, WA ♦ CONCORD, CA ♦ TEMECULA, CA www.barghausen.com Janet Shull Senior Planner City of Federal Way Community and Economic Development -2- July 20, 2012 Response: By employing the wall terracing option,kLot 98 is now the only lot where the rear, yard setback is less than one foot for every foot of rockery height. Section 19.120.120(1)(c) from the Federal Way Revised Code is very specific to the "rear yard setback". Please refer to the revised Modification Exhibit enclosed with this submittal for clarification. 2. Evaluate a wall terracing option for all walls that exceed six feet in height, applying the flexible front yard setback option. Response: The flexible front yard setback has been applied to all lots where it helps reduce the rear yard wall height or allows additional space for wall terracing. In most cases, the 20- foot garage setback is the limiting setback, but there are a few lots where the flexible front yard setback is beneficial to the grading design. A wall terracing option has been utilized where feasible to replace the taller rockeries previously shown. There are still some instances where wall terracing requires more space than is available. In these instances, single taller rockeries are required to maintain usable rear yard space. Please refer to the revised Modification Exhibit, which shows a substantially reduced Ares Requiring Deviation from the Federal Way Revised Code. 3. Evaluate a wall terracing option for the wall adjacent to Tract F (lots 42-44). For example, incorporating walls and terracing within Tract F would be preferable to a nine -foot tall wall just adjacent to Tract F and highly visible to the public via Campus Drive. Response: xX.terraGed rockery is now proposed in this location. A 4-foot high rockery has been incorporated within Tract F, and a 6-foot high rockery will be constructed within the rear yard of Lots 42 through 44. 4. Provide a section drawing and/or 3-D depiction of the condition where Keystone walls abut Tract D that addresses both the aesthetic and public safety condition of the 10 foot walls on either side of this public access route. Staff recommends you consider constructing stairs in lieu of the paved path as this should reduce required wall height on either side. Response: As recommended, stairs have been incorporated into the pedestrian path. By incorporating stairs, the side yard Keystone walls that previously abutted Tract D are no longer required and have been removed. 5. Evaluate the rockeries adjacent to Tract D and the BPA to ensure they comply with Federal Way Public Works Development standard 3.8.9 that specifies, "Rock walls over three feet tall and subject to pedestrian access shall be protected by a fence or handrail per the Standard Details. " Response: Public Works Development Standard 3.8.9 refers to "Roadside Features." The rockery adjacent to the BPA right-of-way is not a roadside feature. The rockery will be constructed within private property and will be owned and maintained by each individual lot owner. Also,ythere will be a fence placed along the property line adjacent to the BPA right-of- way which will protect the pedestrian traffic. 6. Provide photos and product specification for the rockery and Keystone walls proposed. Keystone walls are not typically allowed in residential applications. A quick literature review Janet Shull Senior Planner City of Federal Way Community and Economic Development -3- July 20, 2012 would suggest that there are products that are more appropriate in a residential setting (for example a more natural stone appearance). Response: Keystone Walls have been used almost exclusively on the neighboring Wynstone project, and it is important to the developer to maintain the same aesthetics and themes between these neighboring communities. Keystone Walls have a thin profile which maximizes side yard space for home owners, allowing access to both sides of the house as well as additional space for landscaping. The Keystone Walls are proposed as side yard, walls only, where the face of the wall will not face the street, therefore the proposed Keystond Walls will not be detrimental to the residential design theme throughout the development. Products that are appropriate in a residential setting vary based on application and individual preference. The developer has found that Keystone Walls are the ideal type of wall for side yard wall applications and are also the type of wall that many of their buyers select. Photo' of Keystone Walls from the Wynstone project will'be submitted to you by a-mai Please refer to the Keystone and Rockery designs prepared by Terra Associates, Inc. for product specifications. As noted above, stairs have been incorporated into the pedestrian path, and the tall Keystone Walls previously shown adjacent to Tract D have been removed. The remaining Keystone Walls proposed are much smaller in comparison to the ones removed. We believe that the above responses, together with the enclosed revised plans and technical documents, address all of the comments in your letter dated June 27, 2012. Please review and approve the enclosed at your earliest convenience. If you have questions or need additional information, please do not hesitate to contact me at this office. Thank you. Sincerely, J-O� Brya hwartz, P.E. Project Engineer BS/dm 15500c 012.doc enc: As Noted cc: Pete Lymberis, The Quadrant Corporation (w/enc) Jay Wolf, Lennar Northwest Inc. (w/enc) Marc Rickabaugh, RPD Thomas A. Barghausen, Novastar Development Inc. SURVF (►�� CIVIL ENGINEERING, LAND PLANNING, ��,&t4A D 47 D 70 M June 8, 2012 rn M RECCEIVED COURIER DELIVERY n G `''Nerumio' 111� �� 1� 7012 °' n V J 0 D00 0 Q- Janet Shull CITY opi'i '7=•�+: WAY N c ca c � CD Senior Planner CD n m 0 ° � City of Federal Way m -0 C. � M _, o 33325 - 8th Avenue South 70 Federal Way, WA 98003-6325 m Q o 0, N W RE: Retaining Wall Modification Request and Building Permit Submittal cQ o o n Campus Crest — 700 S.W. Campus Drive, Federal Way ° O Our Job No. 15500 Dear Janet: On behalf of our client, Quadrant Homes Inc., we are submitting the following documents for review and approval of a retaining wall modification request: 1. Original completed Permit Application 2. One check in the amount of $1,982.33 for the submittal fee 3. Five copies of the Modification Exhibit 4. Two copies of the Structural Rockery and Retaining Wall Design by Terra Associates, Inc. dated May 31, 2012 5. Five sets of Grading and Retaining Wall Plans prepared by Barghausen Consulting Engineers, Inc. dated June 8, 2012 This modification is being submitted pursuant to the provisions of FWRC 19.120.050 (Modifications), which grants the director authority to modify specific requirements. in uniclue or sl2ecial circumstances. We are requesting a modification to the requirements of the following sections of the Federal Way Revised Code: FWRC 19.120.120 1 a , which states that retaining walls shall be "A maximum of six feet in height as measured from finished grade at base of wall to top of wall." 2. FWRC 19.120.1200)(c), which states, "There shall be a minimum setback of one foot for every foot in rockery or retaining wall height between the rear of a residential building and any rockery or retaining wall; provided, that a usable space equal to the rear yard setback must always be maintained." According to FWRC 19.120.050, the applicant must demonstrate one or more of the following in order to obtain approval of a modification request: (a) There are no feasible and reasonable alternatives to the clearing, grading or tree/vegetation removal activity being proposed, (b) The proposed modification will result in the same or less impacts than meeting the standards; (c) The proposed modification will meet or exceed the intent of this article; 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES ♦ OLYMPIA, WA ♦ CONCORD, CA ♦ TEMECULA, CA www.barghausen.com Janet Shull Senior Planner City of Federal Way -2- June 8, 2012 (d) Meeting the standards would create an unacceptable risk to health or safety. As you may know, Quadrant Homes Inc. acquired the Campus Crest project from a lender that came into ownership of the property after the original developer failed to complete the plat, leaving the site in a partially developed and "unsightly" condition. The native topography of this site was quite steep, with slopes exceeding 15 to 20 percent in large areas. The 12romect was designed and apgroved under the provisions of an earlier version of the FWRC, which allowed more flexibility in constructing a subdivision on sloping sites where the efficient use of mass grading, coupled with construction of rockeries and/or retaining walls, are an important element of creating an attractive and acceptable housing development. After acquiring the site, Quadrant Homes Inc. completed an as -built topographic survey of the property to determine how the partially completed protect compared to the approved design plans. This survey illustrated that while the project was generally graded consistent with the approved plans, there were a number of areas on the project where the slopes (both existing and proposed on the approved plans) resulted in severe constraints and unreasonable conflicts between adjacent lots that could onl be resolved by construction of rockeries and retaining walls consistent with the earlier version of the FWRC. The following is an outline of some of these specific areas, along with a description of the steps being taken by Quadrant Homes Inc. to use other means and methods to mitigate these constraints and conflicts so that the rockeries and retaining walls are limited to the minimum necessary. A tremendous amount of design and grading analysis has been put into finding the most feasible option in each case, and we do not believe there are any other feasible alternatives. As noted above, the original design of the subdivision did not account for the restrictive requirements of the current FWRC, nor was it required to. As a result, the application of the current FWRC to this previously approved project would result in a loss of developable land and ultimately reduce the total number of homes allowed on the proposed project. There are simply no other options for mitigating the large elevation differences between adjacent lots in several areas of the project. An example of the extreme site topography exists between Lots 62 and 69. The approved elevation at the top of back of sidewalk at the center of the driveway for Lot 69 is approximately 329, while the elevation at the top of back of sidewalk at the center of the driveway for Lot 62 is approximately 295. This is a total elevation difference of 34 feet. These lots were approved with a depth of approximately 91 feet, resulting in a horizontal distance of about 180 feet. In order to mitigate this difference in elevation to the minimum possible, Lot 69 has been designed as a daylight basement lot with a 10-foot drop in elevation to the lower pad, while Lot 62 has been designed as a full "tuck -under" lot with a 10-foot rise in elevation to the upper pad. The houses on both lots are designed with a shallow depth footprint as well. Unfortunately, this still leaves approximately 14 feet of vertical -grade difference between the lots. In order to retain a reasonable rear yard for each home, it is necessary to construct a rockery that is 10 feet high in this location versus limiting the height to 6 feet. Even with this increased height, there is still going to be a small slope proposed in the rear yards to limit the height of the rockery to 10 feet in this area. There are other examples of this extreme elevation difference between adjacent lots and/or between Campus Crest and Wynstone to the west. In every case Quadrant Homes Inc. has worked hard to limit the height of walls by evaluating each location independently and incorporating every possible means of mitigating the elevation changes and limiting the height of proposed walls. Janet Shull Senior Planner City of Federal Way -3- June 8, 2012 2. Quadrant Homes Inc. has consistently selected house product types to fit the topography to the maximum extent possible versus trying to grade the lots to meet their preferred product type. This development will include several different types of homes specifically designed for sloping sites like Campus Crest, including daylight basement lots, full tuck -under lots, dropped garage lots, and "deck" lots. 3. The changes proposed to the approved mass grading plan for Campus Crest have been designed to create a balanced site to the maximum extent feasible minimizing required cuts and fills. while taking into account the "as -built" condition of the site when it was acquired by Quadrant Homes Inc. We have worked through four rounds of revisions with Earthwork Services, Inc. to balance the site as much as possible, and do not believe we can achieve any better results than currently proposed. Our objective is to limit truck traffic and the associated impacts) on City streets to the greatest extent possible, which we think has been accomplished. If we cannot incorporate increased wall heights in the designated locations, it will likely lead to a significant increase in truck traffic on City streets because of the associated impacts, which would be contrary to FWRC 19.120.050(b). 4. The proposed grading design meets the conditions of the Prelimina Plat Approval dated February 8, 2005. The majority of the walls used will be rockeries, which will be harmonious with the residential use of the site and will promote residential design themes through natural material selection. However, with the limited side yard space available between lots, the use of rockeries in those locations is not feasible. For this reason, Keystone walls are proposed in all side yards where walls are needed, which are shown on the enclosed grading plans. Currently no walls are proposed in Tract F or Tract G. The tract areas will include a landscaped slope. Rockeries are proposed within a select number of lots that abut Tract F and Tract G, as shown on the enclosed grading plans. 5. The pad grades have been adjusted to reduce the required wall heights to the maximum extent feasible. The proposed pad grades have been designed to limit the driveway slopes to 15 percent maximum. 6. We have completed a detailed analysis of the locations where fill material was previously placed on the site by comparing the original topographic survey and the original design grading plans to the current topographic survey of the site as it exists today. This previously placed fill material is causing further constraints to the site since standard cut rockeries over 4 feet in height will not be acceptable in these areas. As described in the enclosed Geotechnical Report prepared by Terra Associates, Inc., in locations where rockeries will be cut into existing structural fills and where they will exceed a height of 4 feet, the existing fill material must be over -excavated and reinforced per the included detail. T On the specific lots where we have encountered the most severe topographic constraints, Quadrant Homes Inc. will construct smaller, less desirable houses in order to reduce the wall heights to the maximum extent possible. For example, Lots 111 through 114 have been reduced to the smallest house "footprint" for Campus Crest to reduce the rockery height required on Lots 92 and 93. With the first draft grading plan, this rockery was designed to be as much as 18 feet high. By reducing the footprint of these houses, the rocke height has been reduced to less than 12 feet. 8. In several areas of the project, we have recommended changes to the width of contiguous lots as necessary to reduce the side yard wall heights to the maximum extent possible. For example, the Janet Shull Senior Planner City of Federal Way -4- June 8, 2012 lot lines were shifted to allow additional width on Lot 22. In the original design, the narrow width of this lot would have resulted in a wall height well over 16 feet in order to accommodate the house footprint. By shifting the lot lines to provide additional side yard space, the rockery height has been reduced to 11 feet maximum. 9. Additional off -site grading is proposed on the neighboring Wynstone project (also owned by Quadrant Homes Inc.) to reduce the rockery height required adjacent to the project boundary. This is one of the more constrained areas and Quadrant Homes Inc. has agreed to accommodate some of the needed grading on this adjacent project. This is another example of how Quadrant Homes Inc. is making every effort to minimize the height of rockeries and retaining walls on Campus Crest. The maximum wall height proposed is 11.5 feet. All walls over 6 feet in height are shown on the enclosed Modification Exhibit. The minimum rear yard setback to the proposed rockeries on Lots 32, 53, 64, and 96 through 98 is approximately 8 feet. All other lots have a minimum rear yard setback to a rockery of 10 feet. All areas where there is less than the minimum setback of one foot for every foot in rockery or retaining wall height between the rear of a residential building and any rockery or retaining wall have been shown on the enclosed Modification Exhibit. All lots meet the requirement that "a usable space equal to the rear yard setback must always be maintained." The minimum rear yard setback is 5 feet, and the minimum rear yard usable space proposed is 8 feet. Final grades have not yet been established on the Campus Crest project. The previous contractor suspended construction in February 2009. At that time, the roads had been graded but not paved, and the lot grading that occurred did not match the approved grading plans. Under new ownership, construction has resumed with a different contractor. The on -site streets have now been paved (with the first lift of asphalt), and the concrete curbs have been installed. Detailed mass grading plans have been created for all lot areas to create buildable lot pads from the grading that has already been completed, to create lot pads conducive to home construction on single-family residential lots. Please review this modification request at your earliest possible convenience and let me know if you have any questions or need any additional information. We remain available at all times to meet at your convenience and look forward to bringing this to a successful conclusion. Thank you. Sincerely, B rnSchwartz, P.E. Project Engineer BMS/kn 15500c.007.doc enc: As Noted cc: Pete Lymberis, The Quadrant Corporation (w/enc) Jay Wolf, Lennar Northwest Inc. (w/enc) Marc Rickabaugh, RPD Thomas A. Barghausen, Novastar Development Inc. ^� LAKEHAVEN UTILITY DISTRICT �� 1 liven MEMORANDUM .11 Y 1715` W Date: July 2, 2012 To: Janet Shull From: John A. Jensen L-1r RE: Wynstone East (FKA Campus Crest) City of Federal Way File No. 12-102820-00-SU Project No. 6305025 The proposed Preliminary Plat document dated June 20, 2012 submittal to the City of Federal Way Building Department is generally consistent with the proposed property layout shown on the water and sewer plans submitted for Lakehaven's review in conjunction with the referenced developer extension project. It appears the public water and sewer facilities that are located outside the proposed public ROW are within proposed easements of Tracts C, E, and I. Lakehaven's standard easement language is shown on Sheet 2 of 7. The majority of water and sewer facilities have been installed, but they have not been accepted nor has the project achieved Substantial Completion. There is a segment of the water main that has been deactivated for construction of the storm detention facility. If the developer desires Substantial Completion for this project, a written request is required and the Substantial Completion Agreement will need to be fully executed and the cash guarantee to complete the project submitted in accordance with Lakehaven's Policy #300-15. Lakehaven will advise the City when the developer has executed a Substantial Completion Agreement and/or when the water and sewer facilities have been accepted. Specific, technical questions regarding Lakehaven's comments should be addressed to Jolui Jensen, engineering technician assigned to this project. I may be reached at jjensen@lakehaven.org or 253-946-5406. Pete Lyinberis CITY or CITY HALL ra33325 8th Avenue South FederaFedeWay l Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Mr. Bryan Schwartz, P.E. August 22, 2012 Barghausen 18215 72❑d Avenue South Kent, WA 98032 Re: Files 12-102094-CO and 12-102631-CO; Retaining Wall Modification Request Approval Wynstone East (AKA Campus Crest); 700 SW Campus Drive, Federal Way Dear Mr. Schwartz: The City of Federal Way has reviewed and hereby approves your June 12, 2012, request (along with July 20, 2012, resubmitted information) for modification to the retaining wall height. The Federal Way Revised Code (FWRC) allows for modifications to the requirements of FWRC Chapter 19.120, "Clearing, Grading, and Tree and Vegetation Retention," when one or more of the following criteria contained in FWRC 19.120.050 are met: a) There are no feasible and reasonable alternatives to the clearing, grading, or tree/vegetation removal activity being proposed; b) The proposed modification will result in the same or less impacts than meeting the standards; c) The proposed modification will meet or exceed the intent of this article; d) Meeting the standards would create an unacceptable risk to health or safety. The information submitted satisfies criteria "a" above. The applicant has demonstrated through the modification request submittals that they have employed rockery terracing, flexible front yard setbacks, and smaller and terraced foundation home plans in an effort to minimize the need for tall rockeries. While these design strategies have resulted in most of the rockeries being within the maximum six-foot height limit, there was no feasible or reasonable alternative to exceeding the maximum wall height for some of the lots within this subdivision where there are large elevation differences between adjacent lots. The location of the walls that are taller than six feet is internal to the subdivision, so they will not be highly visible from adjacent properties outside of the plat boundary. Therefore, the modification request is approved for wall height as shown on the approved drawings for the above -referenced retaining wall permits. Sincerely, Isaac Conlen, Planning Manager for Patrick Doherty, Director Ann Dower, Senior Engineering Plans Reviewer Pete Lymberis, Quadrant Corporation, 14725 SE 36`h Street, Suite 100, Bellevue, WA 98006-1606 Doc. 1 D. 61947 CITY OF Federal November 6, 2012 Mr. Pete Lymberis Quadrant Homes 14725 SE 36'h Street, Suite 100 Bellvue, WA 98006 CITY HALL 33325 8th Avenue South Feder y Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com FILE Re: Final Plat #12-102820-00-SU; NOTICE OF COMPLETE APPLICATION Wynstone East (aka Campus Crest); 700 SW Campus Drive, Federal Way Dear Mr. Lymberis: The Department of Community and Economic Development received project information submitted on June 20, 2012, September 14, 2012, and September 26, 2012, for the Wynstone East Final Plat. Pursuant to the requirements of the Federal Way Revised Code (FWRC), the city has reviewed the application for compliance with FWRC Title 18, 18.40.020. COMPLETE APPLICATION Please consider this letter as a Letter of Completeness. The application is deemed complete as of November 6, 2012, based on the submittal requirements for final plat applications. A 30-day time line for approving the project has started as of this date, pursuant to FWRC Title 18, 18.40.030. However, the 30- day time line can be stopped at any time that the city requests additional information. NEXT STEPS Based on the satisfaction of items required for the complete application, the final plat will be forwarded to the Federal Way City Council to be considered at their special meeting scheduled for Tuesday, December 4, 2012. This meeting begins at 6:00 p.m. in the Federal Way City Council Chambers. City staff will present the final plat application to the City Council, who will make a determination on final plat approval. A copy of the staff evaluation for the final plat will be forwarded to your attention when it is available. In order to proceed with the scheduled consideration of the final plan at the December 4, 2012, City Council Special Meeting the following must be done: 1. All public works improvements must be completed per the approved plans. Exceptions include the final pavement overlay and the monumentation within the overlay area, which must be bonded. File N12-102820-00-SU Doc. ID 62540 Mr. Pete Lymberis Page 2 of 3 November 6, 2012 2. The following language should be added to the face of the plat, Sheet 4, in conjunction with the note on SW Campus Drive stating, "This portion is dedicated to the public use for road purposes upon recording of this plat": "A License for Irrigation Facilities, recording number , applies to the planter strip wi(hin,SW,C xnpus rive,, which is to be maintained by the Wynstone East Homeowners Associat,-07L, 3. A note must be added to the face of the plat, Sheet 3 to read as follows: "Per Federal Way Revised Code (FWRC) 19.120.110(6), front yard setbacks may be applied in a flexible manor as follows: A minimum front yard setback of 10 feet must be maintained in all cases and a minimum 20 foot setback shall apply to garages; unless the garage and driveway are oriented in such a way as to provide a minimum 20 foot length of parking area in front of the garage within the property boundaries." Should the city council approve the final plat application, the following information must be submitted before the approved final plat will be recorded at King County, but does not impact the 30-day time frame: I. Open Space Fee: Open space fees in the amount of $114, 877.56 for lots 32-52, 58-73, 79-95, and 99-101 are due based on 11.76% of the 2012 assessed value of $1,953,700.00, divided by 2 (one half of the open space fee is being deferred — per item 2 below). Payment of the $114,877.56 for open space fees for the lots specified in this section must be submitted before the mylar will be forwarded to King County for recording. 2. Open Space Fee Deferment: One signed and notarized copy of each of the covenants for open space fee deferment for lots 1-31, 53-57, 74-78, 96-98, and102-114 must be submitted to the city for recording at King County. 3. Traffic Mitigation Fee: Traffic mitigation fees in the amount of $202,301.00 must be submitted before the mylar will be forwarded to King County for recording. 4. Stormwater Mitigation Fee: Stormwater mitigation fees in the amount of $46,656.00 must be submitted before the mylar will be forwarded to King County for recording. S. Statutory Warranty Deeds: All statutory warranty deeds must be completed and submitted for recording in conjunction with the final plat map. 6. Irrigation Easement: The irrigation easement must be completed and submitted for recording in conjunction with the final plat map. 7. Mylar. Please provide a signed mylar, together with three copies of the signed mylar. These will be signed by the city following the city council meeting of December 4, 2012. 8. CC&Rs: One signed and notarized copy of the CC&Rs must be submitted for recording at King County. File#12-102820-00-SU Doc ID 62540 Mr. Pete Lymberis Page 3 of 3 November 6, 2012 9. Recording Fees: A check payable to the City of Federal Way must be submitted to reimburse the city for recording fees. Staff will calculate the King County fee for recording the final plat, deeds, and CC&Rs. This information will be provided to you as soon as it is available. As you are aware, all outstanding fees associated with plat inspections must be paid to the city and any property tax payments must be brought up-to-date with King County before the plat will be recorded. City staff will handle the recording of the final plat, CC&Rs, covenants, and deeds. You will be sent a copy of the recorded plat documents and all receipts. I can be reached at 253-835-2644, or janet.shull@cityoffederalway.com, if you have any questions about this letter. We look forward to proceeding with this application. Sincerely, 1 ,� if'�¢y Pi` ,lan�t B. Shull, AICP, CSBA, LEED Green Associate Sfnior Planner c: Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Engineer Kris Nelson, Barghausen Consulting Engineers File H12-102820-00-SU Doc 1 D 62540 CITY OF .. Federal Way Mr. Pete Lymberis Quadrant Homes 14725 SE 36d' Street, Suite 100 Bellevue, WA 98006-1606 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwww cityofi ederalway. com FILE Re: File #12-102820-00-SU; OPEN SPACE CALCULATIONS Wynstone East (aka Campus Crest); 700 SW Campus Drive, Federal Way Dear Mr. Lymberis: September 5, 2012 The City of Federal Way has reviewed the resubmittal received via email on August 22❑d related to fee -in" lieu -of open space calculations. In the open space calculations provided,.you assigned credit to Tract H (stormwater pond) and Tract M (buffer area around stormwater pond) as "usable open space." This resulted in a calculation of 5.94% of total site area as creditable open space: However; the Federal Way W Revised Code (FRC) does not recognize stormwater ponds and their buffer areas as "usable open space." According to the preliminary plat staff report, the applicant proposed to make a fee -in -lieu -of payment for 11.1% of the total site area (a credit of 3.9% of site area was allowed as on -site open space per the preliminary plat approval) as provided in the FWRC. The Director of Parks, Recreation, and Cultural Services approved that request. The original fee -in -lieu proposal for 11.1% of the total site area was calculated based upon credit for five proposed "usable open space" tracts (Tracts A, B, D, K, and L) and a portion of two "buffer open space" tracts (Tracts F and G). Since Tracts A and B were eliminated as allowed under the preliminary plat approval based on final roadway alignment, the on -site open space credit needs to be re -calculated to eliminate Tracts A and B from the creditable open space. In this case, the result will be less creditable on site open space than what was approved for the preliminary plat as the "usable open space" area has been reduced. A maximum of 2% credit is awarded for on -site "buffer open space" and this was correctly represented in your August 22°d resubmittal. Please resubmit the calculations based on "usable open space" (Tracts D, K, and L) and the maximum 2% credit for "buffer open space" provided in Tracts F and G. Sincerely, Janet Shull, AICP, CSBA, LEED Green Associate --.Senior Planner Enc: Resubmittal Form Doc, LD- 62137 CITY OF CITY HALL A�k Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com July 20, 2012 FILE Ms. Kris Nelson Barghausen Consulting Engineers 18512 72°d Avenue South Kent, WA 98032 Re: File #12-102820-00-SU; NOTICE OF INCOMPLETE APPLICATION Wynstone East (AKA Campus Crest), 700 SW Campus Drive, Federal Way Dear Ms. Nelson: On June 20, 2012, the Department of Community Development Services received your development permit application for The Wynstone East Final Plat, a 114-lot subdivision in Federal Way. Upon receipt of the application, city staff reviewed the submittal packet for completeness based on the final plat submittal requirements for subdivisions under Federal Way Revised Code (FWRC) 18.40.020 "Final Plat" The following comments represent the city's initial review of the final plat documents. Please revise the final plat documents in accordance with the following comments and resubmit five sets of paper copies of the revised final plat drawings and four copies of revised reports along with the enclosed resubmittal form. Upon substantial completion of the project infrastructure, and compliance with applicable FWRC requirements, the final plat application will be forwarded to the City Council. The City Council is required to review and make the final decision on the final plat application. Please be advised that staff reports to City Council are required to be prepared approximately two weeks in advance of scheduled meetings. Therefore, once the project is determined to be substantially complete, processing and scheduling the final plat application will take a minimum of four weeks, in part due to the bi-weekly Council meetings. INCOMPLETE APPLICATION During the course of review by the Lakehaven Utility District, and city Planning and Public Works, the items identified below were found to be incomplete. In order for your application to be considered complete and ready for processing, the following items must be provided. The following items from FWRC 18.40.020, "Contents," have not been addressed: 1. FWRC 18.40.020(1)(m): Addresses are missing on the final plat map. Contact Plans Examiner Scott Sproul at 253-835-2633 for this information. 2. FWRC 18.40.020(1)(r): Net plat area, which is gross plat area minus critical areas, rights -of -way, and public purpose lands, must be shown on the final plat map. File 912-102820-00-SU Doc. LD. 61627 Ms. Kris Nelson Page 2 July 20, 2012 FWRC 18.40.020(1)(x): Restrictions or conditions on the lots and tract required by the Director of Community and Economic Development, the Federal Way City Council, and the Federal Way Hearing Examiner through the preliminary plat process shall be added to the plat notes and referenced on each appl icable lot or tract. These include Hearing Examiner conditions of approval. To this end, add to a note I 1 on Sheet 3 of 7 that retaining walls within Tract M are to be owned and maintained by the homeowner's association. 4. FWRC 18.40.020(1)(z): According to the preliminary plat staff report, the applicant proposed to make a fee -in -lieu -of payment for 11.1% of the total site area (a credit of 3.9% of site area was allowed as on -site open space per the preliminary plat approval) as provided in the FWRC. The Director of Parks, Recreation, and Cultural Services approved that request. However, the fee -in -lieu proposal for 11.1 % of the total site area was calculated based upon credit for five proposed "usable open space" tracts (Tracts A, B, D, K, and L) and a portion of two "buffer open space" tracts (Tracts F and G). Since Tracts A and B were eliminated as allowed under the preliminary plat approval based on final roadway alignment, the on -site open space credit needs to be re -calculated. Provide calculations based on the on -site open space provided for in the final plat. A maximum of 2% credit is awarded for on -site "buffer open space." Open space fees are to be paid before the final plat is recorded. However, per FWRC 19.100.070(1)(b), the applicant has the option of deferring the open space fee -in -lieu payment by recording a covenant to this effect along with the final plat. Please inform the city if the deferment option is desired, as the city will need to prepare the covenant in this case. In either case, in order to calculate the open space fees, provide a current King County tax assessment along with the updated on -site open space provision calculation. 5. FWRC 18.40.020(2)(6): Statement of approval from the Public Works Director as to survey data, layout of streets, and right-of-way has not been submitted. 6. FWRC 18.40.020(2)(c): A statement from Lakehaven Utility District as to the water system has not been submitted. 7. FWRC 18.40.020(2)(d): A statement from Lakehaven Utility District as to the sanitary system has not been submitted. 8. FWRC 18.40.020(2)(g): A certification from the proper officer, or officers, in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged. 9. FWRC 18.40.020(2)(h): Notarized certificate stating that subdivision has been made with the free consent of the owner or owners is missing from the submittal. INITIAL TECHNICAL COMMENTS Initial technical comments from staff are provided below. Final Plat Drawings The final plat drawings must be revised to address the following: File # 12-102820-00-SU Doc. I.D. 61627 Ms. Kris Nelson Page 3 July 20, 2012 Sheet #1 of 7: 1. Add the file number 12-102820-00-SU to all pages. 2. Include the date of the drawing on the plat map. Sheet #2 of 7: 1. Signature block should read "Department of Community and Economic Development" and "Community and Economic Development Director" under signature line. 2. Under the downspout note, please remove all reference to lots designated for infiltration since there are none. Sheet #3 of 7: 1. Under the plat notes, please add a stormwater utility easement in favor of the City over Tract K. If there are other recreational tracts that contain public storm water conveyance lines, they should also have easements. Sheet #4 of 7: 1. Add addresses to all lots. 2. Lots shall be a minimum of 5,000 square feet per RM 3600 zoning. 3. Add notes for front, side, and rear yard setbacks. 4. Clarify what the dashed box outlined for each lot represents. 5. Revise Tract M to include any retaining walls within the south side of Tract H and specify that these retaining walls shall be owned and maintained by the homeowners' association. 6. Some of the hatched shadings on lots (utility easements?) are difficult to read as the lot orientation varies. Utilize a non -directional shading to improve legibility. Sheet 45 of 7: 1. Add addresses to all lots. 2. Lots shall be a minimum of 5,000 square feet per RM 3600 zoning. 3. Add notes for front, side, and rear yard setbacks. 4. Clarify what the dashed box outlined for each lot represents. 5. Some of the hatched shadings on lots (private storm drainage easements?) are difficult to read as the lot orientation varies. Utilize a non -directional shading to improve legibility. Sheet #6 of T 1. Add addresses to all lots. 2. Lots shall be a minimum of 5,000 square feet per RM 3600 zoning. 3. Add notes for front, side, and rear yard setbacks. 4. Clarify what the dashed box outlined for each lot represents. 5. Some of the hatched shadings on lots (private storm drainage easement?) are difficult to read as the lot orientation varies. Utilize a non -directional shading to improve legibility. File #12-102820-00-sU Doc. I D 61627 Ms. Kris Nelson Page 4 July 20, 2012 Other Items 1. Required Landscaping: Prior to final plat approval, city staff shall inspect required landscaping upon verification that said landscaping has been installed. Please contact Senior Planner Janet Shull at 253- 835-2644, or janet.shull@cityoffederalway.com, to conduct a landscape inspection of completed items per the landscaping plan approved March 30, 2012. 2. Trail Connection in Tract D: Prior to final plat approval, the applicant shall provide a paved trail connecting Tract D to the adjacent BPA Trail. 3. Off -Site Traffic Mitigation: The MDNS specifically identifies off -site street improvements to be constructed by the applicant, or pro-rata mitigation in lieu of constructing improvements. The applicant needs to contact Senior Traffic Engineer Sarady Long at 253-835-2743, or sarady.long@cityoffederalway.com, regarding the off -site traffic mitigation requirements and timing of the fee payment. 4. Fee -in -Lieu of Detention: The fee -in -lieu of detention, in the amount of $46,656.00, must be paid prior to final plat recording. 5. Statutory Warranty Deeds: Prior to recording the plat map, statutory warranty deeds must be recorded for all rights -of -way and tracts that will be dedicated to the city. Please provide exhibit maps and legal descriptions for recording. Staff will prepare the deeds for signature. Recording numbers for the deeds must also be shown on the face of the plat. 6. Right -of -Way Must Have Clear Title: The applicant must provide recorded easement relinquishments for all existing easements located within the future right-of-way. 7. Revised Lot Closure Calculations: Submit revised lot closure calculations to correspond with the Planning Division comments regarding lot size. Include lot closures for the existing lots. The printouts must be stamped and signed by a licensed land surveyor. 8. Lighting and Utility Easement Location: The two -foot easement for city lighting and utilities shown along I I1h Avenue SW must be placed adjacent to the public right-of-wat It should also be shown on that portion of SW 341s1 Street located between 12`h Avenue SW and l V Avenue SW. 9. Wall Maintenance Responsibility: Wall maintenance responsibility should be clarified, particularly where walls are located on property lines or continue across property lines. 10. Planter Strip Irrigation Responsibility: The homeowners' association responsibility for planter strip irrigation on Campus Drive should be included in the CC&Rs. Lakehaven Utility District (John Jensen, jjensen@lakehaven.org or 253-946-5406) The proposed June 20, 2012, final plat documents submittal to the City of Federal Way Community and Economic Development Department are generally consistent with the proposed property layout shown on the water and sewer plans submitted for Lakehaven's review in File 012-102820-00-SU Doc I D 61627 Ms. Kris Nelson Page 5 July 20, 2012 conjunction with the referenced developer extension project. It appears the public water and sewer facilities that are located outside the proposed public right-of-way are within proposed easements of Tracts C, E, and I. Lakehaven's standard easement language is shown on Sheet 2 of 7. The majority of water and sewer facilities have been installed, but they have not been accepted nor has the project achieved Substantial Completion. There is a segment of the water. main that has been deactivated for construction of the storm detention facility. If the developer desires Substantial Completion for this project, a written request is required the Substantial Completion Agreement will need to be fully executed, and the cash guarantee to complete the project submitted in accordance with Lakehaven°s Policy #300-15. Lakehaven will advise the city when the developer has executed a Substantial Completion Agreement and/or when the water and sewer facilities have been accepted. If lot lines are revised to increase minimum lot sizes, it is possible Lakehaven will need to see a proof of private utility easements for the affected lots. IN SUMMARY It is important to note that the department cannot begin formal processing of your final plat application until all required improvements are installed, all required items are submitted, and the application is determined to be complete. Additional technical comments will be available following compieteness of required improvements. Please submit Eve copies of any revised drawings and four copies of any reports accompanied by the enclosed resubmittal form. Please contact me at janet.shull@cityoffederalway.com, or 253-835-2644, if you have any questions about this letter or The Wynstone East (AKA Campus Crest) Final Plat. Sincerely, _ Ja t Shull, AICP, CSBA, LEED Green Associate S for Planner Enc: Resubmittal Form c: Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer Brian Asbury, Lakehaven Utility District Doc. I.D. 61627 File #12-102820-00-SU CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: DATE TO: Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: Janet Shull FOR DRC MTG. ON: July 12, 2012 - Internal FILE NUMBER (s): 12-102820-00-SU RELATED FILE NOS.: None PROJECT NAME: WYNSTONE EAST (fka CAMPUS CREST) PROJECT ADDRESS: 700 SW CAMPUS DR ZONING DISTRICT: RM 3600 PROJECT DESCRIPTION: Final plat submittal for 114-lot subdivision on 2 underlying parcels. LAND USE PERMITS: PROJECT CONTACT: Final Plat QUADRANT HOMES PETELYMBERIS 1472536THSTSTE100 MATERIALS SUBMITTED: Final Plat Map (routed). One copy (Binder at my desk) that includes the following: CC&Rs, Statement of approval from PW Director, Statement of approval from Lakehaven Utility District as to water and sewer systems, verification of property taxes, one copy of title report dated June 13, 2012. Please let me know what you want copies of from the binder prior to the Rr:- Ap meeting. pitlC- CITY a.� Federal Way KL-v&-1 V ,,UN ao Z01Z CITY OF FEDERAL WAY cos APPLICATION NO(S) Id m/ 0A 0 o 6 " 4 'Project Name Wynstone East (a.k.a. Campus Crest) Property Address/Location MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERvicEs 33325 8"' Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 w ww.eitvoffcdcral►say.cum S.W. Campus Drive and 7th Way S.W. Parcel Number(s) 192104-9043, 192104-9008 Project Description Final Subdivision PLEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SERA Only Shoreline: Variance/Conditional Use Short Subdivision X Subdivision Variance: Commercial/Residential Required Information RM 3600 Zoning Designation Comprehensive Plan Designation N/A Valuc of Existing Improvements NIA _Value of Proposed Improvements International Building Code (IBC): NIA N/A Occupancy Type Construction Type Applicant Date '/� ® �� Name: Pete Lymberis, Quadrant Homes Address: 14725 S.E. 36th Street, Suite 100 City/State: Bellevue, WA Zip: 98006 Phone: 425-452-6551 Fax: .25.3 -Y48 Email: pete.lymberis@quadranthomes.com Signature: Agent afliffcfe an Applicant) Name: Kris Nelson, Barghausen Engineers Address: 18215 72nd Avenue South City/State: Kent, WA Zip: 98032 Phone: 425-251-6222 Fax: 425-251-8782 Email: knelson@bar aus n.com Signature: /// 7, 7/ Owner Name: Same as Applicant Address: City/State: Zip: Phone: Fax: Email: Signature: Bulletin #003 - January 1, 2011 Page I of 1 kMandoutsWaster Land Use Application CIVIL ENGINEERING, LAND PLANNING, SURVEYING June 20, 2012 COURIER DELIVERY Permit Technician City of Federal Way 33325 - 8th Avenue South Federal Way, WA 98003-6325 RE: Submittal of Final Plat for Wynstone East (f.k.a. Campus Crest) Our Job No. 15500 Dear Permit Technician: RECEIVED JUN 19 2012 CITY OF FEDERAL WAY CDS Enclosed are the following items for your distribution for final plat review for the above -referenced project: 1. Original completed Master Land Use Permit Application 2. One check in the amount of $2,918.50 for the submittal fee 3. Six folded full-size copies of final plat map 4. One copy of the draft CC&Rs (see Section 3.0 of the Final Plat Submittal binder) 5. Statement of approval from the Director of Public Works (see Section 4.0 of the Final Plat Submittal binder) 6. Statement of approval from Lakehaven Utility District as to the water and sewer systems (see Section 5.0 of the Final Plat Submittal binder) 7. Verification that all property taxes have been paid (see Section 6.0 of the Final Plat Submittal binder) 8. One copy of the title report dated June 13, 2012 (see Section 7.0 of the Final Plat Submittal binder) 9. One copy of the Final Plat Submittal binder including the items referenced above plus additional documents that may be useful in reviewing the final plat application Please distribute the enclosed items for review at your earliest convenience. If you have any questions or need additional information, please do not hesitate to contact me at this office. Thank you. Sincerely. Kris Nelson .Y Project Administrator KN/mis [15500c.006.docj enc: As Noted cc: Pete Lymberis, The Quadrant Corporation (w/enc) Thomas A. Barghausen, Novastar Development Inc. Bryan Schwartz, Barghausen Consulting Engineers, Inc. Kimberly Anderson, Barghausen Consulting Engineers, Inc. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES ♦ OLYMPIA, WA ♦ CONCORD, CA ♦ TEMECULA, CA www.barghausen.com FZES U M I-r-r ARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South V:t� Federal Way, WA 98003-6325 CITY OF AUG 2 8 2012 253-835-2607; Fax 253-835-2609 Federal Way CITY OF FEDERAL WAY www:citvo(federalway.com CDS RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note., Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting if you are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: Project Name: Project Address: sw Cgs CPwU_'s 1ws/ Project Contact: Phone RESUBMITTED ITEMS: # of Copies *• Detailed Description of Item t� C2 ** Always submit the same number of copies as required for your initial application. Resubmittal Requested by: Ld S6Akl Letter Dated: 7 / RO / '20 t'a, em r OFFICE USE Oft YY RESUB #• Distribution Dab... Dept/Div Name # Description Building Planning PW Fire Other Bulletin #129—January 1, 2011 Page I of I Uflandouts\Resubmittal Information WYNSTONE EAST (a.k.a. CAMPUS CREST) OPEN SPACE FEE IN LIEU CALCULATION. 9/21/2012 984,S76 Total Plat Area Tract Purpose Area SF Area for Calcs D Recreation 4911 4911 L Recreation 3660 3660 K Recreation 36662 3662 12,233 Total Open Space Provided less buffer area 1.249/o Total Open Space Provided as % less Buffer 2.00`Yo Max alloyed buffer Area Open Space 3.24% Total Open Space Provided including buffer 15.00% Open space required -3.24% Total Open Space Provided including buffer 11.76% Open Space to be mitigated by Fee in Lieu $ 1,561,100.00 Parcel 1 AV per KC Assessor Website $ 392,600.00 Parcel 2 AV per KC Assessor Website $ 1,953,700.00 Total AV 11.76% Open Space to be mitigated by Fee in Lieu $ 229,706.99 Fee = Total 2012 AV x % Unprovided open space I r- RESUBMITTED SEP 2 6 2012 CITY OF FEDERAL WAY CDS WYNSTONE EAST (a.k.a. CAMPUS CREST) OPEN SPACE FEE IN LIEU CALCULATION. 9/21/2012 984,576 Total Plat Area Tract Purpose Area SF Area for Calcs D Recreation 4911 4911 L Recreation 3660 3660 K Recreation 3662 3662 12,233 Total Open Space Provided less buffer area 1.24% Total Open Space Provided as % less Buffer 2.00% Max allowed buffer Area Open Space 3.24% Total Open Space Provided including buffer 15.00% Open space required -3.24% Total Open Space Provided including buffer 11.76% Open Space to be mitigated by Fee in Lieu $ 1,561,100.00 Parcel 1 AV per KC Assessor Website $ 392,600.00 Parcel 2 AV per KC Assessor Website $ 1,953,700.00 Total AV 11.76% Open Space to be mitigated by Fee in Lieu $ 229,706.99 Fee = Total 2012 AV x % Unprovided open space RESUBMITTED SEP 2 6 2012 CITY OF FEDERAL WAY CDS s i " First American FirstAmerican Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn - (206)728-0400 (800)826-7718 Fax - ESCROW COMPANY INFORMATION: Escrow Officer/Closer: MICHELLE ARENA pierce.teami.wa@firstam.com First American Title Insurance Company 612 Harrison St, Sumner, WA 98390 Phone: (253)299-3980 - Fax: (866)526-0611 Pat Fullerton (206) 615-3055 pfullerton@firstam.com To: Quadrant Homes 14725 SE 36th ST STE 100 Bellevue, WA 98006 Attn: Pete Nichols King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@firstam.com Tina Kotas (206) 615-3012 tkotas@firstam.com File No.: 4267-1819719 Your Ref No.: Re: Property Address: MASTER FILE - Campus Crest, Federal Way, WA 98023 Fourth Report 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. FirstAmerican Title ' Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4267-1819719 Page 2 of 10 SCHEDULE A 1. Commitment Date: November 21, 2012 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT PREMIUM TBD Standard Owner's Coverage $ TBD $ Proposed Insured: Lennar Northwest, Inc., a Delaware Corporation TBD Extended Mortgagee's Coverage $ TBD $ Proposed Insured: Appropriate Lender 3. (A) The estate or interest in the land described in this Commitment is: Fee Simple (B) Title to said estate or interest at the date hereof is vested in: The Quadrant Corporation, a Washington Corporation 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows; The land referred to in this report is described in Exhibit A attached hereto. TAX TBD $ TBD TBD $ TBD FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4267-1819719 Page 3 of 10 SCHEDULE B SECTION I REQUIREMENTS 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 PART ONE: 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. FirstAmenean Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4267-1819719 Page 4 of 10 SCHEDULE B SECTION II EXCEPTIONS PART TWO: 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. 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 the City of Federal Way is at 1.78 %. Levy/Area Code: 1205 2. Taxes which may be assessed and extended on any subsequent roll for the tax year 2012, 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. Deed of Trust and Security Agreement and the terms and conditions thereof. Grantor/Trustor: The Quadrant Corporation, a Washington corporation Grantee/Beneficiary: Lennar Northwest, Inc., a Delaware corporation Trustee: First American Title Insurance Company Amount: $800,000.00 Recorded: January 17, 2012 Recording Information: 20120117001716 4. Notice of Additional Tap or Connection Charges Pursuant to RCW 65.08.170 and the terms and conditions thereof as recorded in King County under recording no. 8106010916. 5. Right to make necessary slopes for cuts or fills upon said premises for S.W. Campus Drive as granted by deed recorded January 17, 1985 under recording no. 8501170665. 6. Easement, including terms and provisions contained therein: Recording Information: 8711170788 In Favor of: Federal Way Water & Sewer District For: Sewer facilities 7 1.3 Easement, including terms and provisions contained therein: Recording Information: 8908110283 In Favor of: For: King County Slope, drainage & utilities Easement, including terms and provisions contained therein: Recording Information: 9212081818 In Favor of: Pacific Northwest Bell Telephone Company For: Utilities A Partial Release of Easement was recorded October 09, 2012 under recording number 20121009000257. FirstAmerican Title Form No. 1068-2 Commitment No.: 4267-1819719 ALTA Plain Language Commitment Page 5 of 10 9. Easement, including terms and provisions contained therein: Recording Information: 20020415000374 In Favor of: Pei-Yi Corporation For: Construction 10. The terms and provisions contained in the document entitled "Concomitant Agreement" Recorded: June 03, 2005 Recording No.: 20050603001038 Said Agreement supercedes previous Agreement recorded under King County recording no. 9003051118. 11. License Agreement and the terms and conditions thereof: Between: Campus Crest Properties, L.L.C., a Washington limited liability company And: City of Federal Way, a Washington Municipal Corporation Recording Information: 20080721000451 12. Easement, including terms and provisions contained therein: Recording Information: 20090205000244 In Favor of: Puget Sound Energy, Inc., a Washington Corporation For: construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of gas and electricity 13. The terms and provisions contained in the document entitled "Memorandum of Easement" Recorded: January 26, 2012 Recording No.: 20120126000739 14. The terms and provisions contained in the document entitled "License" Recorded: February 21, 2012 Recording No.: 20120221000029 15. The terms and provisions contained in the document entitled "Agreement" By and Between: Lakehaven Utility District and The Quadrant Corporation Recorded: April 17, 2012 Recording No.: 20120417000204 16. Easement, including terms and provisions contained therein: Recording Information: 20120504000138 In Favor of: Puget Sound Energy, Inc., a Washington Corporation For: Utility systems for purpose of transmission, distribution and sale of gas and electricity Modification and/or amendment by instrument: Recording Information: 20120801001121 FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4267-1819719 Page 6 of 10 INFORMATIONAL NOTES A. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County may be subject to the King County Sewage Treatment Capacity Charges. B. 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. C. 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. D. 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. Ptn Sec 19 Twp 21N Rge 4E NE Qtr NW Qtr SE Qtr NW Qtr, King County APN: 192104-9008-03 and 192104-9043-00 E. The following deeds affecting the property herein described have been recorded within 36 months of the effective date of this commitment: 20120117001715 F. General taxes for the year 2012, which have been paid. Tax Account No.: 192104-9008-03 Code Area: 1205 Amount: $ 21,277.71 Assessed Land Value: $ 1,561,100.00 Assessed Improvement Value: $ 0.00 (as to a portion of said premises) G. General taxes for the year 2012, which have been paid. Tax Account No.: 192104-9043-00 Code Area: 1205 Amount: $ 5,325.76 Assessed Land Value: $ 392,600.00 Assessed Improvement Value: $ 0.00 (as to a portion of said premises) Property Address: MASTER FILE - Campus Crest, Federal Way, WA 98023 NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. Firstkner,c.?n Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4267-1819719 Page 7 of 10 NOTE: A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THIS COMPANY. FirstAmerican Title Form No. 1068-2 Commitment No.: 4267-1819719 ALTA Plain Language Commitment Page 8 of 10 CONDITIONS 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. cc: Lennar Northwest, Inc. cc: The Quadrant Corporation FirstAmerican Tltie Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4267-1819719 Page 9 of 10 FSS afRr��C. First American 1 f st American Title FirstAlmerican Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn - (206)728-0400 (800)826-7718 Fax - Privacy Information We Are Committed to Safeguarding Customer Information 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 informatlon. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries 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 that 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 infonnadon 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 Fair Information Values. Types of Information Depending upon which of our services you are utllizing, the types of nonpublic personal Information that we may collect include: • informatlon we recelve from you on applications, forms and in other communications tous, 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 taw, We may, however, more such Information Indefinitely, Including the perlod after which any customer relationship has ceased. Such information may be used for any Intemal 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 affirated companies. Such affirated 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 companles, 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 instltutkms 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 indNiduals and entities who need to know that information to provide products or services to you. We will use our best efforts to traln and oversee our employees and agents to ensure that your Infonoatim 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. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any Information about yourself. Our Web servers collect the domain names, not the e-mall addresses, of visitors. This Information is aggregated to measure the number of visits, average time spent on the site Pages viewed and similar Information. First American uses this hlfommatlon to measure the use of our site and to develop Ideas to improve the content of our site. These are times, however, when we may need Information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of colktition how we will use the personal Information. Usually, the personal Information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. if you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FlrstAm.com uses stared cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize Its Importance and contribution to our economy. Use We believe we should behave responsibly when we use Information about a consumer In our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate Where possible, we will take reasonable steps to sorest Inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) First American -Title Form No. 1068-2 Commitment No.: 4267-1819719 ALTA Plain Language Commitment Page 10 of 10 FIRST AMERICAN TITLE INSURANCE COMPANY Exhibit "A" Vested Owner: The Quadrant Corporation, a Washington Corporation Real property in the County of King, State of Washington, described as follows: Those portions of the Northeast quarter of the Northwest quarter and the Southeast quarter of the Northwest quarter, all in Section 19, Township 21 North, Range 4 East, W.M., in King County, Washington, said portions being more particularly described as follows: Commencing at the West quarter corner of said Section 19; thence along the East/West centerline of said Section 19, South 88°58'22" East 1282.94 feet to the Southeast corner of the Southeast quarter of said Northwest quarter; thence along the West line thereof North 1013'12" East 202.55 feet to the Northwesterly line of that certain easement granted to the United States of America for electrical transmission lines by documents recorded under Recording Nos. 5034341, 5029580 and 5027474, records of said County and the true point of beginning; thence continuing along said West line and the West line of said Northeast quarter of said Northwest quarter North 01013'12" East 1502.83 feet to a point on the Southerly margin of the lands described in Deed recorded under Recording No. 8501170665, records of said County, said point being on a curve concave to the Northeast having a radius of 842.00 feet and to which point a radial line bears South 47011'42" West; thence along said margin Southeasterly and Easterly 801.22 feet along said curve through a central angle of 54031'16" to the beginning of a reverse curve concave to the Southwest having a radius of 618.00 feet (a radial line through said beginning bears North 07119'34" West); thence continuing along said margin Easterly and Southeasterly 647.38 feet along said curve through a central angle of 60001'11" to said Northwesterly line of that certain easement granted to the United States of America for electrical transmission lines by documents recorded under Recording Nos. 5034341, 5029530, and 5027474, records of said County; thence along said Northwesterly line South 52058'44" West 1662.66 feet to the true point of beginning. Tax Parcel Number: 192104-9008-03 and 192104-9043-00 Situs Address: MASTER FILE - Campus Crest, Federal Way, WA 98023 FirstAmerican Title Name: 2 North:111485.0731' East:1264061.1212' Segment #1 : Line Course: S01°12'59"W Length: 50.11' North:111434.9744' East:1264060.0574' Segment #2 : Line Course: N88°46'51"W Length: 99.79' North:111437.0976' East:1263960.2900' Segment #3 : Line Course: N01*13'39"E Length: 50.11' North:111487.1961' East:1263961.3635' Segment #4 : Line Course: S88°46'51"E Length: 99.78' North:111485.0731' East:1264061.1209' Perimeter: 299.79' Area: 5000 Sq. Ft. Error Closure: 0.0003 Course: N88°52'35'W Error North: 0.00001 East:-0.00028 Precision 1:999300.00 •*kf �t RRRft•f-R*�*a*�*a*RR*efkkfFffifefflfi*ff***kff%*hR4RRffRN'#4fffi Name: 3 North:111384.8879' East:1264058.9939' Segment #1 : Line Course: N88°46'51"W Length: 99.80' North:111387.0114' East:1263959.2165' Segment #2 : Line Course: N01 °13'39"E Length: 50.10' North:111437.0999' East:1263960.2898' Segment #3 : Line Course: S88°46'51"E Length: 99.79' North:111434.9767' East:1264060.0572' Segment #4 : Line Course: S01°12'59"W Length: 50.10' North:111384.8879' East:1264058.9937' Perimeter: 299.80' Area: 5000 Sq. Ft. Error Closure: 0.0003 Course: N88°52'33"W Error North: 0.00001 East:-0.00028 Precision 1:999300.00 ffffNiYYM ift*Hkf►ReffsR*►t/F1rfTfRiklfN►3iffkfkiiHfiYfRff/ff1MRf Name: 4 North:111384.8879' East:1264058.9939' Segment #1 : Line Course: S01°12'59"W Length: 50.10' North:111334.7992' East:1264057.9304' Segment #2 : Line Course: N88°46'51"W Length: 99.81' North:111336.9229' East:1263958.1430' Segment #3 : Line Course: N01°13'39"E Length: 50.10' North:111387.0114' East:1263959.2162' Segment #4 : Line Course: S88°46'51"E Length: 99.80' North:111384.8879' East:1264058.9937' Perimeter: 299.82' Area: 5000 Sq. Ft. Error Closure: 0.0003 Course: N88°52'33"W Error North: 0.00001 East:-0.00028 Precision 1:999366.67 lRfRIRM[kkwkMi+++f+fwk.kwi*tk*klwkkkRAr�Af1f1RRl'f4-kf4lff*wfltk*kiFiii Name: 5 North:111334.7992' East:1264057.9304' Segment #1 : Line Course: S01°12'59'W Length: 50.10' North:111284.7105' East:1264056.8669' Segment #2 : Line Course: N88°46'51'W Length: 99.82' North:111286.8344' East:1263957.0695' Segment #3 : Line Course: N01*13'39"E Length: 50.10' North:111336.9229' East:1263958.1427' Segment #4 : Line Course: S88*46'51 "E Length: 99.81' North:111334.7992' East:1264057.9301' Perimeter: 299.84' Area: 5001 Sq. Ft. Error Closure: 0.0003 Course: N88°52'33"W Error North: 0.00001 East:-0.00028 Precision 1:999433.33 .. � •fffwfw*ef [****ff*+f kf • ff kfiNik##fl4wMkfeiMtRf-kxRH*Rf�k*irlata Name: 6 North:111284.7105' East:1264056.8669' Segment #1 : Line Course: S01°12'59"W Length: 50.09' North:111234.6318' East:1264055.8035' Segment #2 : Line Course: N88°46'51"W Length: 99.83' North:111236.7559' East:1263955.9961' Segment #3 : Line Course: NO1°13'39"E Length: 50.09' North:111286.8344' East:1263957.0692' Segment #4 : Line Course: S88°46'51"E Length: 99.82' North:111284.7105' East:1264056.8666' Perimeter: 299.83' Area: 5000 Sq. Ft. Error Closure: 0.0003 Course: N88°52'30"W Error North: 0.00001 East:-0.00029 Precision 1:999433.33 eA...xiRM++ifi+fa.af.x.fMd.iiiX#*MF-kfMiRFfiflMk.fikkRkkxfftMMf.i.iM wi Name: 7 North:111234.6328' East:1264055.8035' Segment #1 : Line Course: S01°12'59"W Length: 50.09' North:111184.5541' East:1264054.7402' Segment #2 : Line Course: N88°46'51'W Length: 99.84' North:111186.6784' East:1263954.9228' Segment #3 : Line Course: N01°13'39"E Length: 50.09' North:111236.7569' East:1263955.9959' Segment #4 : Line Course: S88°46'51"E Length: 99.83' North:111234.6328' East:1264055.8033' Perimeter: 299.86' Area: 5001 Sq. Ft. Error Closure: 0.0003 Course: N88°52'30"W Error North: 0.00001 East:-0.00029 Precision 1:999500.00 .............,M,.+.....,..iii.i.i.N.kllfR.r....+.......+f.......,,i. Name: 8 North:111136.6099' East:1263953.8473' Segment #1 : Line Course: N01°13'39"E Length: 50.08' North:111186.6784' East:1263954.9201' Segment #2 : Line Course: S88°46'51"E Length: 99.84' North:111184.5542' East:1264054.7375' Segment #3 : Line Course: S01°12'59'W Length: 50.08' North:111134.4855' East:1264053.6744' Segment #4 : Line Course: N88°46'51"W Length: 99.85' North:111136.6099' East:1263953.8470' Perimeter: 299.86' Area: 5000 Sq. Ft. Error Closure: 0.0003 Course: N88°52'28"W Error North: 0.00001 East:-0.00029 Precision 1:999500.00 ::wz.w.zzz.•-...•.••...z...r..zr•az.z-wr►.+:r..fe..r.rz:.s.z+•z.+s++i. .tkk Name: 9 North:111086.5414' East:1263952.7744' Segment #1 : Line Course: N01°13'39"E Length: 50.08' North:111136.6099' East:1263953.8472' Segment 92 : Line Course: S88°46'51"E Length: 99.85' North:111134.4854' East:1264053.6746' Segment #3 : Line Course: S01°12'59"W Length: 50.08' North:111084.4167' East:1264052.6115' Segment #4 : Line Course: N88°46'51"W Length: 99.86' North:111086.5414' East:1263952.7741' Perimeter: 299.87' Area: 5001 Sq. Ft. Error Closure: 0.0003 Course: N88°52'28"W Error North: 0.00001 East:-0.00029 Precision 1:999566.67 .......................... zzzz Name: 10 North:111063.6206' East:1263952.2833' Segment #1 : Line Course: N01°13'39"E Length: 22.93' North:111086.5453' East:1263952.7745' Segment #2 : Line Course: S88°46'51 "E Length: 99.86' North:111084.4206' East:1264052.6119' Segment #3 : Line Course: S01°12'59"W Length: 24.33' North:111060.0961' East:1264052.0954' Segment #4 : Curve Length:9.66' Radius:128.00' Delta: 004°19'21" Tangent:4.83' Chord: 9.65' Course: S00°56'42"E Course In: S88°47'01"E Course Out: S86°53'38"W RP North: 111057.3789' East: 1264180.0665' End North: 111050.4432' East: 1264052.2546' Segment #5 : Line Course: S52°57'19"W Length: 143.16' North:110964.1981' East:1263937.9892' Segment #6 : Curve Length:100.70' Radius:415.00' Delta:013°54'09" Tangent:50.60' Chord: 100.45' Course: N08°10'44"E Course In: N74°52'11"W Course Out: S88°46'21"E RP North: 111072.5192' East: 1263537.3753' End North: 111063.6289' East: 1263952.2800' Perimeter: 400.64' Area: 7701 Sq. Ft. Error Closure: 0.0090 Course: N21 °15'16"W Error North: 0.00835 East:-0.00325 Precision 1:44515.56 •������+k... ......k..k�NrJ*RkMkIHMRt/kfRH►fIRRlRlRltkRik►Fkkaaia Name: 23 North:111329.4817' East:1264263.6162' Segment #1 : Line Course: N52°59'13"E Length: 24.37' North:111344.1524' East:1264283.0756' Segment #2 : Curve Length:26.88' Radius:269.00' Delta:005°43'33" Tangent:13.45' Chord: 26.87' Course: N50°07'27"E Course In: N37°00'47'W Course Out: S42°44'20"E RP North: 111558.9484' East: 1264121.1384' End North: 111361.3803' East: 1264303.6975' Segment #3 : Line Course: S37°00'53"E Length: 96.71' North:111284.1592' East:1264361.9189' Segment #4 : Line Course: S52°57'19'W Length: 52.30' North:111252.6517' East:1264320.1748' Segment #5 : Line Course: N37°00'53'W Length: 95.40' North:111328.8267' East:1264262.7421' Segment #6 : Line Course: N52°59'13"E Length: 1.09' North:111329.4829' East:1264263.6125' Perimeter: 296.75' Area: 5000 Sq. Ft. Error Closure: 0.0039 Course: N72*03'19"W Error North: 0.00121 East:-0.00374 Precision 1:76089.74 *►*+.+..xwii.x*xxxx►s.*..**.i.kwa.ax*r.*s*.*.:*.r*.*r.x.r*ra.x***-+*s **** Name: 24 North:111314.2825' East:1264401.8275' Segment #1 : Line Course: S52°57'19'W Length: 50.00' North:111284.1606' East:1264361.9192' Segment #2 : Line Course: N37°00'53"W Length: 96.71' North:111361.3816' East:1264303.6978' Segment #3 : Curve Length:51.04' Radius:269.00' Delta:010°52'17" Tangent:25.60' Chord: 50.96' Course: N41°49'32"E Course In: N42*44'20"W Course Out: S53°36'37"E RP North: 111558.9498' East: 1264121.1387' End North: 111399.3590' East: 1264337.6838' Segment #4 : Line Course: S37°00'53"E Length: 106.55' North:111314.2808' East:1264401.8290' Perimeter: 304.30' Area: 5040 Sq. Ft. Error Closure: 0.0023 Course: S43*50'51 "E Error North:-0.00164 East: 0.00157 Precision 1: 132304.35 Name: 25 North:111345.2176' East:1264442.8133' Segment #1 : Line Course: S52°57'19"W Length: 51.35' North:111314.2824' East:1264401.8275' Segment #2 : Line Course: N37°00'53"W Length: 106.55' North:111399.3605' East:1264337.6823' Segment #3 : Curve Length:5.76' Radius:269.00' Delta:001°13'33" Tangent:2.88' Chord: 5.76' Course: N35°46'37"E Course In: N53°36'37'W Course Out: S54°50'10"E RP North: 111558.9514' East: 1264121.1372' End North: 111404.0297' East: 1264341.0469' Segment #4 : Curve Length:50.34' Radius:53.00' Delta:054°25'19" Tangent:27.25' Chord:48.47' Course: N71°54'13"E Course In: N09°06'52"E Course Out: S45°18'27"E RP North: 111456.3605' East: 1264349.4424' End North: 111419.0855' East: 1264387.1197' Segment #5 : Line Course: S37°00'53"E Length: 92.51' North:111345.2180' East:1264442.8126' Perimeter: 306.50' Area: 5001 Sq. Ft. Error Closure: 0.0008 Course: N60°53'18"W Error North: 0.00041 East:-0.00074 Precision 1:383137.50 a R A w A f• fad#;akilii�l�MNMti*R*irkkNR'F*MRiRHklRkIfNRMYRRR DNA Name: 26 North:111375.5805' East:1264483.0409' Segment #1 : Line Course: S52°57'19"W Length: 50.40' North:111345.2176' East:1264442.8134' Segment #2 : Line Course: N37°00'53"W Length: 92.51' North:111419.0850' East:1264387.1205' Segment #3 : Curve Length:36.45' Radius:53.00' Delta:039°24'31" Tangent:18.98' Chord: 35.74' Course: N24°59'18"E Course In: N45°18'27"W Course Out: S84°42'58"E RP North: 111456.3600' East: 1264349.4432' End North: 111451.4792' East: 1264402.2180' Segment #4 : Line Course: S84°42'58"E Length: 25.48' North:111449.1327' East:1264427.5897' Segment #5 : Line Course: S37°00'53"E Length: 92.11' North:111375.5847' East:1264483.0418' Perimeter: 296.95' Area: 5007 Sq. Ft. Error Closure: 0.0043 Course: N12°07'36"E Error North: 0.00422 East: 0.00091 Precision 1:69058.14 ..k. Name: 27 North:111491.0146' East:1264389.5439' Segment #1 : Line Course: S83°55'06"E Length: 75.54' North:111483.0114' East:1264464.6588' Segment #2 : Line Course: S37°00'53"E Length: 96.82' North:111405.7025' East:1264522.9464' Segment #3 : Line Course: S52°57'19"W Length: 50.00' North:111375.5806' East:1264483.0381' Segment #4 : Line Course: N37°00'53"W Length: 92.11' North:111449.1287' East:1264427.5860' Segment #5 : Line Course: N84°42'58'W Length: 25.48' North:111451.4751' East:1264402.2143' Segment #6 : Curve Length:42.66' Radius:53.00' Delta: 046'07'11 " Tangent:22.56' Chord: 41.52' Course: N17°46'33"W Course In: N84'42'58"W Course Out: N49°09'51"E RP North: 111456.3559' East: 1264349.4395' End North: 111491.0123' East: 1264389.5386' Perimeter: 382.61' Area: 6513 Sq. Ft. Error Closure: 0.0058 Course: S67°04'02"W Error North:-0.00226 East:-0.00535 Precision 1:65967.24 •R.wk►.wrf.fiR*f.if.iAif.iMAxMkIkR..RtkR�fift�+.f..f kkk�FMiX*�}kRA Name: 28 End North: 111491.0146' East: 1264389.5439' Segment #1 : Curve Length:15.21' Radius:53.00' Delta:016°26'50" Tangent:7.66' Chord: 15.16' Course: N49°03'34"W Course In: S49°09'51"W Course Out: N32°43'01"E RP North: 111456.3582' East: 1264349.4448' End North: 111500.9498' East: 1264378.0908' Segment #2 : Curve Length:29.00' Radius:25.00' Delta:066°27'38" Tangent:16.38' Chord: 27.40' Course: N24°03'10"W Course In: N32"43'01"E Course Out: N80°49'21"W RP North: 111521.9836' East: 1264391.6030' End North: 111525.9709' East: 1264366.9230' Segment #3 : Line Course: N09°10'39"E Length: 5.31' North:111531.2129' East:1264367.7699' Segment #4 : Curve Length:38.44' Radius:25.00' Delta:088°05'12" Tangent:24.18' Chord: 34.76' Course: N53°13'15"E Course In: S80°49'21"E Course Out: N07°15'51"E RP North: 111527.2256' East: 1264392.4499' End North: 111552.0250' East: 1264395.6110' Segment #5 : Curve Length:74.21' Radius:1502.50' Delta:002°49'48" Tangent: 37.11' Chord: 74.20' Course: S84°09'03"E Course In: N07°15'51"E Course Out: SO4°26'03'W RP North: 113042.4655' East: 1264585.5935' End North: 111544.4627' East: 1264469.4298' Segment #6 : Line Course: SO4°26'03'W Length: 61.63' North:111483.0172' East:1264464.6650' Segment #7 : Line Course: N83°55'06'W Length: 75.54' North:111491.0203' East:1264389.5501' Perimeter: 299.34' Area: 5766 Sq. Ft. Error Closure: 0.0085 Course: N47°21'18"E Error North: 0.00574 East: 0.00624 Precision 1:35216.47 • •kw �� -r�k�} tkkf..wt.«k-lk*...... kkk�k*k++�-k/��f�►R�►w*kkklk� ii►M Name: 29 North:111436.3965' East:1264563.6158' Segment #1 : Line Course: S52°57'19"W Length: 50.95' North:111405.7023' East:1264522.9493' Segment #2 : Line Course: N37°00'53"W Length: 96.82' North:111483.0112' East:1264464.6617' Segment #3 : Line Course: N04°26'03"E Length: 61.63' North:111544.4567' East:1264469.4265' Segment #4 : Curve Length:6.30' Radius:1502.50' Delta:000°14'25" Tangent:3.15' Chord: 6.30' Course: S85°41'09"E Course In: N04°26'03"E Course Out: SO4°11'38'W RP North: 113042.4595' East: 1264585.5902' End North: 111543.9827' East: 1264475.7096' Segment #5 : Curve Length:21.80' Radius:176.00' Delta:007°05'51" Tangent:10.92' Chord: 21.79' Course: S89°21'18"E Course In: N04°11'38"E Course Out: S02°54'13"E RP North: 111719.5115' East: 1264488.5808' End North: 111543.7374' East: 1264497.4962' Segment #6 : Line Course: S02°54'13"E Length: 21.10' North:111522.6645' East:1264498.5651' Segment #7 : Line Course: S37°00'53"E Length: 108.05' North:111436.3886' East:1264563.6134' Perimeter: 366.65' Area: 6452 Sq. Ft. Error Closure: 0.0082 Course: S17°20'25"W Error North:-0.00785 East:-0.00245 Precision 1:44713.41 Name: 79 North:112229.5061' East:1264226.3291' Segment #1 : Line Course: S67°40'39"E Length: 54.18' North:112208.9275' East:1264276.4489' Segment #2 : Line Course: S17°36'20'W Length: 91.58' North:112121.6370' East:1264248.7494' Segment #3 : Curve Length:28.06' Radius:980.50' Delta: 001 °38'23" Tangent: 14.03' Chord: 28.06' Course: N69°05'15"W Course In: N20°05'33"E Course Out: S21°43'56'W RP North: 113042.4630' East: 1264585.5872' End North: 112131.6525' East: 1264222.5382' Segment #4 : Curve Length:26.05' Radius:126.00' Delta: 011 °50'40" Tangent: 13.07' Chord: 26.00' Course: N74°11'24"W Course In: S21°43'56'W Course Out: N09°53'17"E RP North: 112014.6080' East: 1264175.8843' End North: 112138.7363' East: 1264197.5215' Segment #5 : Line Course: N17°36'20"E Length: 95.23' North:112229.5059' East:1264226.3250' Perimeter: 295.10' Area: 5002 Sq. Ft. Error Closure: 0.0041 Course: S86°57'54"W Error North:-0.00022 East:-0.00414 Precision 1:71975.61 }-►aieNfwifi lYeiikMififf�af�fwwfT�lfirMkfN►NiklHhkt�*kk�*►�Yfffff RfRf Name: 80 North:112136.6092' East:1264144.3935' Segment #1 : Line Course: N17°36'20"E Length: 115.55' North:112246.7469' East:1264179.3431' Segment #2 : Line Course: S69°50'50"E Length: 50.05' North:112229.5035' East:1264226.3289' Segment #3 : Line Course: S17°36'20'W Length: 95.23' North:112138.7339' East:1264197.5254' Segment #4 : Curve Length:53.58' Radius:126.00' Delta:024°21'48" Tangent:27.20' Chord: 53.17' Course: S87°42'23"W Course In: S09°53'17"W Course Out: N14°28'31'W RP North: 112014.6056' East: 1264175.8882' End North: 112136.6058' East: 1264144.3929' Perimeter: 314.41' Area: 5169 Sq. Ft. Error Closure: 0.0034 Course: S10°12'32"W Error North:-0.00330 East:-0.00059 Precision 1:92473.53 ffffff•f.f•fs-_�rw`-wN►RH*►kl+tMfkitkfF�ffd►ftYfMRkfRAYilfMkt� fkW Name: 81 North:112165.9705' East:1264101.2536' Segment #1 : Line Course: N17°36'20"E Length: 110.61' North:112271.3997' East:1264134.7090' Segment #2 : Line Course: S61 °05'20"E Length: 50.99' North:112246.7484' East:1264179.3441' Segment #3 : Line Course: S17°36'20'W Length: 115.55' North:112136.6106' East:1264144.3946' Segment #4 : Curve Length:17.71' Radius:126.00' Delta: 008'03'11 " Tangent:8.87' Chord: 17.70' Course: S71 °29'53"W Course In: S14°28'31"E Course Out: N22°31'42"W RP North: 112014.6104' East: 1264175.8898' End North: 112130.9954' East: 1264127.6142' Segment #5 : Line Course: N31*12'05'W Length: 11.42' North:112140.7635' East:1264121.6981' Segment #6 : Curve Length:32.56' Radius:119.00' Delta:015'40'39" Tangent:16.38' Chord: 32.46' Course: N39"02'24"W Course In: S58°47'55"W Course Out: N43'07'16"E RP North: 112079.1158' East: 1264019.9112' End North: 112165.9752' East: 1264101.2528' Perimeter: 338.84' Area: 5969 Sq. Ft. Error Closure: 0.0048 Course: N09'44'13'W Error North: 0.00470 East:-0.00081 Precision 1:70591.67 ... �fi**ii*M*i*!fM'!!!tk!*k►kfk4k*+�flafflxlxRklf kfawaaffefHl3ii#}i Name: 82 End North: 112165.9705' East: 1264101.2536' Segment #1 : Curve Length:51.73' Radius:119.00' Delta:024°54'32" Tangent:26.28' Chord: 51.33' Course: N59°20'00"W Course In: S43°07'16"W Course Out: N18"12'44"E RP North: 112079.1111' East: 1264019.9120' End North: 112192.1499' East: 1264057.1040' Segment #2 : Line Course: N17°36'20"E Length: 109.16' North:112296.1970' East:1264090.1208' Segment #3 : Line Course: S60°55'31 "E Length: 51.02' North:112271.4038' East:1264134.7116' Segment #4 : Line Course: S17°36'20'W Length: 110.61' North:112165.9746' East:1264101.2562' Perimeter: 322.52' Area: 5398 Sq. Ft. Error Closure: 0.0049 Course: N32°10'11"E Error North: 0.00415 East: 0.00261 Precision 1:65820.41 .....+xx+a+t+*m+-xr..ww+.++r.++a•x-...ri...xw...-w+x.+.+e...#.u+rr►x Name: 83 North:112198.0844' East:1264022.4381' Segment #1 : Line Course: N88°47'01'W Length: 5.19' North:112198.1945' East:1264017.2493' Segment #2 : Line Course: N01°12'59"E Length: 105.00' North:112303.1709' East:1264019.4783' Segment #3 : Line Course: S88°47'01"E Length: 60.41' North:112301.8885' East:1264079.8747' Segment #4 : Line Course: S60°55'31"E Length: 11.72' North:112296.1931' East:1264090.1178' Segment #5 : Line Course: S17°36'20"W Length: 109.16' North:112192.1461' East:1264057.1010' Segment #6 : Curve Length:35.30' Radius:119.00' Delta:016°59'45" Tangent:17.78' Chord: 35.17' Course: N80°17'08"W Course In: S18'12'44'W Course Out: N01°12'59"E RP North: 112079.1073' East: 1264019.9090' End North: 112198.0805' East: 1264022.4352' Perimeter: 326.77' Area: 6010 Sq. Ft. Error Closure: 0.0049 Course:S36°55'41"W Error North:-0.00388 East:-0.00291 Precision 1:66689.80 ...i................-......+f Name: 84 Course: N88°47'01'W Length: 49.85' North:112161.3674' East:1263961.6075' North:112161.3675' East:1263961.6065' Segment #1 : Line Perimeter: 395.69' Area: 7653 Sq. Ft. Course: N01°13'12"E Length: 143.00' Error Closure: 0.0010 Course: N88°48'00'W North: 112304.3350' East: 1263964.6522' Error North: 0.00002 East:-0.00099 Precision 1:395690.00 Segment #2 : Line a-aRRRfRRTRf�Irkwkkk**f*Ree R*iNiF1*!if*t4�R RR RRt*fkR►RMkfRNHRRR R `t Course: S88°47'01"E Length: 54.84' Name: 90 North: 112303.1709' East: 1264019.4798' End North: 111878.9781' East: 1264071.1593' Segment #1 : Curve Segment #3 : Line Length:55.18' Radius:119.00' Course: S01 °12'59'W Length: 105.00' Delta: 026°33'58" Tangent: 28.09' North: 112198.1945' East: 1264017.2508' Chord: 54.68' Course: S25°06'07"W Course In: S51°36'55"E Course Out: N78°10'52'W RP North: 111805.0864' East: 1264164.4386' Segment #4 : Line End North: 111829.4599' East: 1264047.9614' Course: N88°47'01'W Length: 5.00' North: 112198.3007' East: 1264012.2520' Segment #2 : Line Course: N88°47'01"W Length: 93.40' Segment #5 : Line North: 111831.4426' East: 1263954.5824' Course: S01*12'59'W Length: 38.00' North: 112160.3092' East: 1264011.4453' Segment #3 : Line Course: N01°13'12"E Length: 50.00' Segment #6 : Line North: 111881.4312' East: 1263955.6470' Segment #4 : Line Course: S88°47'01"E Length: 115.54' North:111878.9785' East:1264071.1609' Perimeter: 314.12' Area: 5107 Sq. Ft. Error Closure: 0.0017 Course: N76°39'12"E Error North: 0.00038 East: 0.00162 Precision 1:184776.47 •Alxk*MFlk*;lffR+R•Rf•fx!•f*ir!*!A-1flR}f�1fM*fff*l MFY!*RlRfRfkf#*k*! Name: 91 North:111774.7126' East:1264035.4569' Segment #1 : Line Course: N88°47'01'W Length: 82.06' North:111776.4546' East:1263953.4154' Segment #2 : Line Course: N01°13'12"E Length: 55.00' North:111831.4421' East:1263954.5864' Segment #3 : Line Course: S88*47'01 "E Length: 93.40' North:111829.4594' East:1264047.9654' Segment #4 : Curve Length:22.02' Radius:119.00' Delta:010°36'09" Tangent:11.04' Chord: 21.99' Course: S06°31'03"W Course In: S78°10'52"E Course Out: N88°47'01'W RP North: 111805.0859' East: 1264164.4426' End North: 111807.6121' East: 1264045.4694' Segment #5 : Line Course: S01 °12'59"W Length: 26.95' North:111780.6682' East:1264044.8973' Segment #6 : Line Course: S57°44'40'W Length: 11.16' North:111774.7121' East:1264035.4595' Perimeter: 290.59' Area: 5012 Sq. Ft. Error Closure: 0.0027 Course: S80*43'03"E Error North:-0.00043 East: 0.00263 Precision 1: 107625.93 w*A*'RFMH*►+1RikYik*kiii*kRHwxfxfrwtawx*FlxkR/ Name: 92 North:111712.4692' East:1263952.0486' Segment #1 : Line Course: N01 °13'12"E Length: 64.00' North:111776.4547' East:1263953.4113' Segment #2 : Line Course: S88*47'01 "E Length: 82.06' North:111774.7127' East:1264035.4528' Segment #3 : Line Course: N57°44'40"E Length: 11.16' North:111780.6688' East:1264044.8905' Segment #4 : Line Course: S00°54'20"E Length: 74.21' North:111706.4680' East:1264046.0633' Segment #5 : Line Course: N81 *34'49'W Length: 31.91' North:111711.1404' East:1264014.4973' Segment #6 : Line Course: N88*47'01 "W Length: 62.46' North:111712.4663' East:1263952.0513' Perimeter: 325.80' Area: 6031 Sq. Ft. Error Closure: 0.0040 Course: S43*29'25"E Error North:-0.00289 East: 0.00274 Precision 1:81450.00 •HaRxll�l�lf/L**fa*** HfKfff ef.fi+lit*kiif**!i*R* Lffff �fRtiiFf*RM*M! Name: 93 North:111780.6676' East:1264044.8931' Segment #1 : Line Course: S88*47'01"E Length: 38.00' North:111779.8610' East:1264082.8845' Segment #2 : Curve Length:48.23' Radius:1359.00' Delta:002°02'00" Tangent:24.12' Chord: 48.23' Course: S69*18'24"E Course In: N21°42'36"E Course Out: S19°40'36'W RP North: 113042.4644' East: 1264585.5907' End North: 111762.8195' East: 1264127.9994' Segment #3 : Curve Length:52.87' Radius:1359.00' Delta:002*13'45" Tangent:26.44' Chord: 52.87' Course: S71 °26'16"E Course In: N19*40'36"E Course Out: S17-26-51"W RP North: 113042.4644' East: 1264585.5907' End North: 111745.9892' East: 1264178.1193' Segment #4 : Line Course: S02°31'57"E Length: 34.84' North:111711.1832' East:1264179.6588' Segment #5 : Line Course: S86°37'46'W Length: 55.01' North:111707.9490' East:1264124.7439' Segment #6 : Line Course: S87°28'03'W Length: 56.00' North:111705.4745' East:1264068.7986' Segment #7 : Line Course: N87°29'34"W Length: 22.76' North:111706.4702' East:1264046.0604' Segment #8 : Line Course: N00°54'20'W Length: 74.21' North:111780.6709' East:1264044.8876' Perimeter: 381.91' Area: 7935 Sq. Ft. Error Closure: 0.0064 Course: N59°09'45"W Error North: 0.00328 East:-0.00549 Precision 1:59675.00 *RR-FRYk#i#ef-e�tiiM!*1fi*RRlRf11'!RR*H4�/iwwiiti*Aiikk4f-IRHRfRfaf of f *w Name: 94 North:111779.8610' East:1264082.8845' Segment #1 : Line Course: N01°12'59"E Length: 26.95' North:111806.8049' East:1264083.4566' Segment #2 : Curve Length:53.35' Radius:81.00' Delta:037'44'18" Tangent:27.68' Chord: 52.39' Course: N20°05'08"E Course In: S88*47'01"E Course Out: N51*02'43"W RP North: 111805.0854' East: 1264164.4384' End North: 111856.0106' East: 1264101.4493' Segment #3 : Line Course: N38°57'17"E Length: 16.08' North:111868.5151' East:1264111.5589' Segment #4 : Curve Length:20.24' Radius:126.00' Delta:009°12'20" Tangent:10.14' Chord: 20.22' Course: S64°19'15"E Course In: N30°16'54"E Course Out: S21°04'35'W RP North: 111977.3232' East: 1264175.0946' End North: 111859.7524' East: 1264129.7834' Segment #5 : Curve Length:30.96' Radius:1267.50' Delta: 001 °23'58" Tangent: 15.48' Chord: 30.96' Course: S69*37'25"E Course In: N21*04'35"E Course Out: S19*40'36'W RP North: 113042.4590' East: 1264585.5920' End North: 111848.9711' East: 1264158.8098' Segment #6 : Line Course: S19*40'36'W Length: 91.50' North:111762.8140' East:1264128.0006' Segment #7 : Curve Length:48.23' Radius:1359.00' Delta:002°02'00" Tangent:24.12' Chord: 48.23' Course: N69*18'24"W Course In: N19*40'36"E Course Out: S21°42'36'W RP North: 113042.4590' East: 1264585.5920' End North: 111779.8555' East: 1264082.8858' Perimeter: 287.32' Area: 5201 Sq. Ft. Error Closure: 0.0056 Course: S13°07'32"E Error North:-0.00544 East: 0.00127 Precision 1:51305.36 . . ............ Name: 99 North:111783.3328' East:1264440.1757' Segment #1 : Line Course: S06°31'13'W Length: 91.48' North:111692.4445' East:1264429.7877' Segment #2 : Line Course: N82*13'42"W Length: 57.21' North:111700.1808' East:1264373.1032' Segment #3 : Line Course: N09°11'1YE Length: 91.50' North:111790.5070' East:1264387.7126' Segment #4 : Curve Length:52.96' Radius:1267.50' Delta:002°23'38" Tangent:26.48' Chord: 52.95' Course: S82°12'55"E Course In: N08°58'54"E Course Out: S06*35'17"W RP North: 113042.4653' East: 1264585.5927' End North: 111783.3350' East: 1264440.1723' Perimeter: 293.15' Area: 5028 Sq. Ft. Error Closure: 0.0040 Course: N57°07'13"W Error North: 0.00216 East:-0.00334 Precision 1:73287.50 Name: 100 End North: 111783.3328' East: 1264440.1757' Segment #1 : Curve Length:52.96' Radius:1267.50' Delta:002°23'38" Tangent:26.48' Chord: 52.95' Course: S84°36'32"E Course In: N06°35'17"E Course Out: SO4°11'39'W RP North: 113042.4631' East: 1264585.5960' End North: 111778.3576' East: 1264492.8953' Segment #2 : Line Course: S03°31'38'W Length: 89.61' North:111688.9174' East:1264487.3823' Segment #3 : Line Course: S77°23'57'W Length: 6.83' North:111687.4273' East:1264480.7168' Segment #4 : Line Course: N84°25'04'W Length: 50.33' North:111692.3231' East:1264430.6255' Segment #5 : Line Course: N82°13'42'W Length: 0.84' North:111692.4367' East:1264429.7932' Segment #6 : Line Course: N06°31'13"E Length: 91.48' North:111783.3250' East:1264440.1812' Perimeter: 292.05' Area: 5052 Sq. Ft. Error Closure: 0.0095 Course: S35°05'33"E Error North:-0.00781 East: 0.00549 Precision 1:30742.11 r.++w Name: 101 End North: 111778.3578' East: 1264492.8938' Segment #1 : Curve Length:123.81' Radius:1267.50' Delta:005°35'47" Tangent:61.95' Chord: 123.76' Course: S88°36'15"E Course In: N04°11'39"E Course Out: S01°24'09"E RP North: 113042.4634' East: 1264585.5945' End North: 111775.3431' East: 1264616.6176' Segment #2 : Line Course: S52°59'07'W Length: 25.84' North:111759.7869' East:1264595.9848' Segment #3 : Line Course: S52°59'07"W Length: 55.00' North:111726.6758' East:1264552.0684' Segment #4 : Line Course: S52°59'07'W Length: 55.00' North:111693.5647' East:1264508.1519' Segment #5 : Line Course: S77°23'57'W Length: 21.28' North:111688.9223' East:1264487.3845' Segment #6 : Line Course: NO3°31'38"E Length: 89.61' North:111778.3625' East:1264492.8976' Perimeter: 370.53' Area: 6013 Sq. Ft. Error Closure: 0.0060 Course: N38°44'44"E Error North: 0.00469 East: 0.00377 Precision 1:61756.67 Name: 106 End North: 111596.3123' East: 1264473.3562' Segment #1 : Curve Length:57.84' Radius:1450.50' Delta:002°17'05" Tangent:28.92' Chord: 57.84' Course: N84°25'11"W Course In: N04°26'16"E Course Out: S06°43'22"W RP North: 113042.4637' East: 1264585.5907' End North: 111601.9370' East: 1264415.7871' Segment #2 : Line Course: N06°54'08"E Length: 91.58' North:111692.8533' East:1264426.7928' Segment #3 : Line Course: S82°13'42"E Length: 3.86' North:111692.3314' East:1264430.6173' Segment #4 : Line Course: S84°25'04"E Length: 50.33' North:111687.4356' East:1264480.7087' Segment #5 : Line Course: SO4°37'01 "W Length: 91.42' North:111596.3122' East:1264473.3499' Perimeter: 295.03' Area: 5131 Sq. Ft. Error Closure: 0.0063 Course: S88°41'30"W Error North:-0.00014 East:-0.00632 Precision 1:46830.16 Name:107 North:111700.1787' East:1264373.1018' Segment #1 : Line Course: S82°13'42"E Length: 54.19' North:111692.8508' East:1264426.7940' Segment #2 : Line Course: S06°54'08"W Length: 91.58' North:111601.9345' East:1264415.7884' Segment #3 : Curve Length:57.85' Radius:1450.50' Delta:002°17'06" Tangent:28.93' Chord: 57.84' Course: N82°08'05"W Course In: N06°43'22"E Course Out: S09°00'28"W RP North: 113042.4612' East: 1264585.5920' End North: 111609.8500' East: 1264358.4893' Segment #4 : Line Course: N09°11'15"E Length: 91.50' North:111700.1762' East:1264373.0987' Perimeter: 295.12' Area: 5138 Sq. Ft. Error Closure: 0.0039 Course: S50°43'24'W Error North:-0.00250 East:-0.00305 Precision 1:75671.79 Name: 109 End North: 111619.8986' East: 1264284.0855' Segment #1 : Curve Length:50.43' Radius:526.00' Delta:005°29'34" Tangent:25.23' Chord: 50.41' Course: N88°40'33"W Course In: SO4°04'14"W Course Out: N01°25'19'W RP North: 111095.2255' East: 1264246.7475' End North: 111621.0635' East: 1264233.6948' Segment #2 : Line Course: NO2°31'57"W Length: 110.17' North:111731.1259' East:1264228.8268' Segment #3 : Curve Length:10.40' Radius:1359.00' Delta:000°26'19" Tangent:5.20' Chord: 10.40' Course: S74°59'58"E Course In: N15°13'11"E Course Out: S14'46'52'W RP North: 113042.4606' East: 1264585.5933' End North: 111728.4333' East: 1264238.8757' Segment #4 : Curve Length:53.55' Radius:1359.00' Delta:002"15'28" Tangent:26.78' Chord: 53.55' Course: S76°20'52"E Course In: N14°46'52"E Course Out: S12°31'24"W RP North: 113042.4606' East: 1264585.5933' End North: 111715.7942' East: 1264290.9115' Segment #5 : Line Course: SO4*04'14"W Length: 96.14' North:111619.8968' East:1264284.0871' Perimeter: 320.70' Area: 5763 Sq. Ft. Error Closure: 0.0024 Course: S39°52'01 "E Error North:-0.00185 East: 0.00155 Precision 1:133620.83 Name: 110 End North: 111745.9891' East: 1264178.1189' Segment #1 : Curve Length:5.19' Radius:1359.00' Delta:000°13'07" Tangent:2.59' Chord: 5.19' Course: S72"39'42"E Course In: N17°26'51"E Course Out: S17'13'44"W RP North: 113042.4643' East: 1264585.5903' End North: 111744.4438' East: 1264183.0685' Segment #2 : Curve Length:47.66' Radius:1359.00' Delta:002°00'33" Tangent:23.83' Chord: 47.65' Course: S73°46'32"E Course In: N17°13'44"E Course Out: S15'13'11"W RP North: 113042.4643' East: 1264585.5903' End North: 111731.1297' East: 1264228.8238' Segment #3 : Line Course: S02°31'57"E Length: 110.17' North:111621.0673' East:1264233.6918' Segment #4 : Curve Length:10.16' Radius:526.00' Delta: 001 °06'26" Tangent: 5.08' Chord: 10.16' Course: S88"01'28"W Course In: S01°25'19"E Course Out: NO2°31'45"W RP North: 111095.2292' East: 1264246.7445' End North: 111620.7169' East: 1264223.5332' Segment #5 : Line Course: S87°28'15"W Length: 39.84' North:111618.9588' East:1264183.7320' Segment #6 : Line Course: NO2°31'57"W Length: 0.00' North:111618.9588' East:1264183.7320' Segment #7 : Line Course: NO2°31'57'W Length: 92.31' North:111711.1786' East:1264179.6532' Segment #8 : Line Course: NO2°31'57"W Length: 34.84' North:111745.9846' East:1264178.1137' Perimeter: 340.17' Area: 5922 Sq. Ft. Error Closure: 0.0068 Course: S48°55'55"W Error North:-0.00449 East:-0.00515 Precision 1:50025.00 Name: 111 North:111711.1834' East:1264179.6583' Segment #1 : Line Course: S02°31'57"E Length: 92.31' North:111618.9635' East:1264183.7371' Segment #2 : Line Course: S87°28'15'W Length: 5.00' North:111618.7429' East:1264178.7420' Segment #3 : Line Course: S89°45'41'W Length: 50.04' North:111618.5345' East:1264128.7024' Segment #4 : Line Course: NO2°31'57"W Length: 89.51' North:111707.9571' East:1264124.7473' Segment #5 : Line Course: N86°37'46"E Length: 55.01' North:111711.1913' East:1264179.6622' Perimeter: 291.87' Area: 5005 Sq. Ft. Error Closure: 0.0088 Course: N26°00'56"E Error North: 0.00792 East: 0.00387 Precision 1:33167.05 w.....r.........•.s�.r.ri...e►eai.�a+...-awkwaw..asc+�r►..rar►.+-hr+>+ sssx Name: 112 North:111707.9495' East:1264124.7476' Segment #1 : Line Course: S02°31'57"E Length: 89.51' North:111618.5269' East:1264128.7027' Segment #2 : Line Course: S87°28'15'W Length: 56.00' North:111616.0557' East:1264072.7572' Segment #3 : Line Course: NO2°31'57'W Length: 89.51' North:111705.4783' East:1264068.8021' Segment #4 : Line Course: N87°28'03"E Length: 56.00' North:111707.9527' East:1264124.7474' Perimeter: 291.02' Area: 5013 Sq. Ft. Error Closure: 0.0033 Course: NO2°31'51'W Error North: 0.00325 East:-0.00014 Precision 1:88187.88 i.r�.►f �.urrrt�s►.►w.�..f �.�wkra+�-a...+.+e...r.wwi.-rune.. Name: 113 North:111706.4706' East:1264046.0657' Segment #1 : Line Course: S87°29'34"E Length: 22.76' North:111705.4750' East:1264068.8039' Segment #2 : Line Course: S02°31'57"E Length: 89.51' North:111616.0524' East:1264072.7590' Segment #3 : Line Course: S87°28'1 SW Length: 54.00' - North:111613.6695' East:1264018.8116' Segment #4 : Line Course: NO2°31'57'W Length: 97.57' North:111711.1442' East:1264014.5004' Segment #5 : Line Course: S81 °34'49"E Length: 31.91' North:111706.4718' East:1264046.0665' Perimeter: 295.74' Area: 5014 Sq. Ft. Error Closure: 0.0014 Course: N31°56'57"E Error North: 0.00120 East: 0.00075 Precision 1:211250.00 ........#.#R k.kk..M.l.�kiHiki#kAMif *s'f��1M*+�Hl�iki fMNMRf eikf **kk Name: 114 North:111711.1432' East:1264014.4988' Segment #1 : Line Course: S02°31'57"E Length: 97.57' North:111613.6685' East:1264018.8100' Segment #2 : Line Course: S87°28'15'W Length: 35.67' North:111612.0944' East:1263983.1748' Segment #3 : Curve Length:36.74' Radius:25.00' Delta:084°12'21" Tangent:22.59' Chord: 33.52' Course: N50°25'34"W Course In: NO2°31'45'W Course Out: S81°40'36"W RP North: 111637.0701' East: 1263982.0716' End North: 111633.4511' East: 1263957.3349' Segment #4 : Curve Length:34.83' Radius:500.00' Delta:003*59'29" Tangent:17.42' Chord: 34.82' Course: N10°19'08"W Course In: S81°40'36'W Course Out: N77*41'08"E RP North: 111561.0715' East: 1263462.6014' End North: 111667.7099' East: 1263951.0974' Segment #5 : Line Course: N01*13'12"E Length: 44.76' North:111712.4597' East:1263952.0504' Segment #6 : Line Course: S88°47'01"E Length: 62.46' North:111711.1338' East:1264014.4963' Perimeter: 312.04' Area: 6115 Sq. Ft. Error Closure: 0.0097 Course: S14'55'27"W Error North:-0.00939 East:-0.00250 Precision 1:32168.04 Name: TRACT G End North: 112460.0711' East: 1263967.9681' Segment #1 : Curve Length:631.55' Radius:849.00' Delta:042*37'16" Tangent:331.19' Chord: 617.09' Course: S64°36'48"E Course In: N46°41'50"E Course Out: SO4°04'35'W RP North: 113042.3608' East: 1264585.8190' End North: 112195.5087' East: 1264525.4666' Segment #6 : Line Segment #2 : Curve Course: N67°40'39'W Length: 54.18' Length:37.81' Radius:25.00' North:112229.5042' East:1264226.3297' Delta:086°39'17" Tangent:23.58' Chord: 34.31' Course: S42°35'47"E Course In: SO4°04'35"W Course Out: S89°16'08"E Segment #7 : Line RP North: 112170.5719' East: 1264523.6895' End North: 112170.2529' East: 1264548.6874' Course: N69°50'50'W Length: 50.05' North:112246.7476' East:1264179.3439' Segment #3 : Line Segment #8 : Line Course: S00°43'52'W Length: 16.11' North:112154.1442' East:1264548.4819' Course: N61°05'20"W Length: 50.99' North:112271.3989' East:1264134.7088' Segment #4 : Curve Segment #9 : Line Length:266.38' Radius:889.00' Delta:017°10'04" Tangent:134.19' Course: N60°55'31"W Length: 51.02' Chord: 265.38' Course: N79°00'33"W North:112296.1920' East:1264090.1180' Course In: NO2°24'25"E Course Out: S19°34'29'W RP North: 113042.3599' East: 1264585.8170' End North: 112204.7393' East: 1264287.9701' Segment #10 : Line Course: N60°55'31'W Length: 11.72' Segment #5 : Curve North:112301.8874' East:1264079.8749' Length:12.26' Radius:889.00' Delta:000°47'24" Tangent:6.13' Segment #11 Line Chord: 12.26' Course: N70°01'49"W Course In: N19°34'29"E Course Out: S20°21'53"W Course: N88°47'01'W Length: 60.41' RP North: 113042.3599' East: 1264585.8170' North:112303.1698' East:1264019.4785' End North: 112208.9256' East: 1264276.4495' Segment #12 : Line Course: N88°47'01'W Length: 54.84' North:112304.3339' East:1263964.6508' Segment #13 : Line Course: N01 °13'12"E Length: 155.77' North:112460.0686' East:1263967.9674' Perimeter: 1453.09' Area: 32585 Sq. Ft. Error Closure: 0.0026 Course: S16°52'1 VW Error North:-0.00247 East:-0.00075 Precision 1:558880.77 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 1 � 33325 8`h Avenue South Federal Way, WA 98003-6325 CITY OF 253-835-2607;Fax 253-835-2609 Fe de ra r Way S E P 14 2012 www.cityoffederalway.com CITY OF FEDERAL WAY MS RESUBMITTAL INFORMATION This completed form MUST accompany all resubmitta/s. "P/ease note: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting if you are not sure about the number of copies required. `* ANYCHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: Project Name: Project Address: 1 2_ 1 0 2 8 2 0 -0 0_ S U Wynstone East (f.k.a. Campus Crest) 700 S.W. Campus Drive Project Contact: Kris Nelson RESUBMITTED ITEMS: # of Copies ** Phone: (425) 251-6222 Detailed Description of Item 6 1 Revised Final Plat Ma 1 1 Revised Lot Closure Calculations ** Always submit the same number of copies as required for your initial application. ** Resubmittal Requested by: Janet Shull Letter Dated: 07 / 20 / 12 (stan member) OFFICE USE Oft RESUB Disttibution Date.- Dept/Div Name # Description Buildinq Planning _ PW Fire Other Bulletin #129 - January 1, 2011 Page 1 of 1 Ul-landoutsWesubmittal Information C" OF T . Federal Way DATE: September 20, 2012 MEMORANDUM Community Development Services, Department TO: Ann Dower, Sarady Long, Scott Sproul, Chris Ingham, Brian Asbury FROM: Janet Shull SUBJECT: Resubmittal: WYNSTONE EAST (fka CAMPUS CREST) - (12-102820-00-SU) 700 SW CAMPUS DR Please find attached resubmittal #3: • Revised Final Plat Map and • Revised Lot Closure Calcs (copy to Ann only) 4CITY OF �' Federal way DATE: 7/18/12 TO: Janet Shull FROM: Ann Dower MEMORANDUM Public Works Department SUBJECT: WYNSTONE EAST (fka CAMPUS CREST) - (12-102820-00-SU) 700 SW CAMPUS DR; Public Works review of submittal dated 6/20/12 1. Prior to recording the plat map, statutory warranty deeds must be recorded for all rights -of -way and tracts that will be dedicated the City. Please provide exhibit maps and legal descriptions for recording. Staff will prepare the deeds for signature. Recording numbers for the deeds must also be shown on the face of the plat. 0 2. Right-of-way must have clear title. The applicant must provide recorded easement relinquishments for all existing easements located within the future right-of-way. -3. ' Submit revised lot closure calculations to correspond with Planning Department comments regarding lot size. Include lot closures for the existing lots. The printouts must be stamped and signed by a licensed land surveyor. The 2' easement for City lighting and utilities shown along 11th Ave SW must be placed adjacent to the public right-of-way. It should also be shown on that portion of SW 3415t St located between 12th Ave SW and 111h Ave SW. fs: The fee -in -lieu of detention, in the amount of $46,656.00, must be paid prior to Final plat recording. ^7n itit cvr vF�cC��. Show lot addresses on the face of the plat. Show the City file number, 12-102820-00-SU. ( 8 J Include the date of the drawing on the plat map. �LX Under the Plat Notes on sheet 3, please add a stormwater utility easement in favor of the City over Tract K. If there are other recreational tracts that contain public storm water conveyance lines, they should also have easements. kO Under the Downspout note on sheet 2, please remove all reference to lots designated for infiltration since there are none. Ill Wall maintenance responsibility should be clarified, particularly where walls are located on property lines or continue across property lines. 012 The Homeowners Association responsibility for planter strip irrigation on Campus Drive should be included in the CC&R's. Retum Address Terry Wilson Barghausen Consulting Engineers, Ina 18215 72nd Avenue South Kent, WA 98032 Document Title(s): Easement Modification 12014012300,1039.00 Assessor's Property Tax Parcel/Account Number: 957850-0840, 957850-0850, 957850-0860, 957850-0870, 957850-0880, 957850-0890, 957850-0900, 957850-0910, 957850-0920 Reference Number(s) of Documents assigned or released if applicable: Additional reference numbers are on page of document. 20020415000374 Grantor(s) (Last name first, then first name and initials): 1. Lennar Northwest, Inc. a Delaware Corporation 2. 3. Grantee(s) (Last name first, then first name and initials): 1. The City of Federal Way, a Washington Municipal Corporation 2. 3. Legal Description (abbreviated: i.e., lot, block, plat or section, township, range): Additional legal is on page 3 of document. Lots 84 through 92 of Wynstone East according to the plat thereof recorded in Volume 261 of Plats, pages 36 through 42, records of King County, Washington The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 33563554055 EASEMENT MODIFICATION WHEREAS, a CONSTRUCTION EASEMENT affects the westerly 20 feet of the following Tax Parcel Numbers: 957850-0840, 957850-0850, 957850-0860, 957850-0870, 957850-0880, 957850-0890, 957850-0900, 957850-0910, 957850-0920, 957850-1140, 957850-0010, 957850-0020, 957850-0030, 957850-0040, 957850-0050, 957850-0060, 957850-0070, 957850-0080, 957850-0090, and 957850-0100 AND WHEREAS, said CONSTRUCTION EASEMENT is recorded in the records of King County, Washington under Recording No. 20020415000374; and WHEREAS, Klak Federal Way, LLC, a Delaware Limited Liability Company, was the original Grantor under said Construction Easement; and WHEREAS, Pei-Yi Corporation, a Washington Corporation, was the original Grantee under said Construction Easement; and WHEREAS, the property owned by Pei-Yi Corporation was developed into the Plat known as Orchid Lane, recorded under King County Recording Number 20040407000305; and WHEREAS, the property owned by Klak Federal Way, LLC, was developed into the Plat known as Wynstone East, recorded under King County Recording Number 20121205001817; and WHEREAS, said CONSTRUCTION EASEMENT was created for slope and grading purposes, together with the right of ingress and egress for grading, excavating, and stockpiling material for the future construction of 12th Avenue Southwest; and WHEREAS, construction of said 12th Avenue Southwest has been completed at the time of the creation of this Easement Modification; and WHEREAS, Lennar Northwest, Inc., a Delaware Corporation, is the successor in interest to Klak Federal Way, LLC, as to Lots 84 through 92 of the Plat of Wynstone East; and WHEREAS, there is no longer a need or use for the entire 20-foot area stipulated in said Construction Easement to encumber said Lots 84 through 92; and WHEREAS, pursuant to Paragraph 2 (Duration) of said Construction Easement, the Construction Easement would automatically terminate upon the date a permanent slope easement is executed, accepted, and recorded by the appropriate municipal agency; and WHEREAS, it is the intention of the Parties to terminate the original Construction Easement recorded under King County Recording Number 20020415000374 as to Lots 84 through 92; and WHEREAS, this Modification of Easement is intended to satisfy the automatic termination clause of said Construction Easement as to Lots 84 through 92; NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the Parties hereto mutually agree as follows: 1. Lennar Northwest, Inc., a Delaware Corporation ("Grantor"), hereby grants, conveys, and warrants to the City of Federal Way, a Washington Municipal Corporation ("Grantee"), for the 33563554055 purposes hereinafter set forth, a perpetual nonexclusive easement under, across, and over the following legally described property located in Federal Way, Washington ("Easement Area"), which is also graphically illustrated on Exhibit A: The west 5 feet of Lots 84 through 92 of Wynstone East, according to the plat thereof recorded in Volume 261 of Plats, pages 36 through 42, under Recording Number 20121205001817, records of King County, Washington 2. Grantee and its agents, designees and/or assigns shall have the right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Easement Area to inspect, design, construct, reconstruct, operate, maintain, repair, replace, remove, grade, excavate, and enlarge all surface water facilities including, but not limited to, underground facilities and/or systems upon and under the Easement Area, semi -buried or ground mounted facilities, vaults, water quality treatment facilities, outlet structures, control structures, pipes, catch basins, manholes, retention and detention facilities, ponds, biofiltration swales, ditches, and related appurtenances thereto ("Facilities"). 3. There shall be no additional Building Setback imposed by Grantee from the Easement Area on Lot 84. 4. Grantee may from time to time remove vegetation, trees, or other obstructions within the Easement Area, and may level and grade the Easement Area to the extent reasonably necessary to carry out the purposes set forth above, provided that following any such work, Grantee shall, to the extent reasonably practicable, restore the Easement Area to a condition similar to its condition prior to such work. Grantor may undertake any ordinary improvements to the landscaping of the Easement Area such as do not interfere with the Grantee's rights contained herein. 5. Grantor and Grantee shall indemnify, defend, and hold one another harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Easement, including, without limitation, any damage to the Easement Area resulting from surface water flooding except to the extent caused by the sole negligence of the City. 6. The rights and obligations of the Parties shall inure to the benefit of, and be binding upon, their respective successors in interest, heirs and assigns. 33563554055 Dated this day of /i.. 2014. GRANTOR Lennar Northwest, Inc. C-L William Sacriste Director of Forward Planning Lennar Seattle Division STATE OF WASHINGTON ) ) ss. COUNTY OFpI ,?. () GRANTEE City of Federal Way r �r Signature Cary M. Roe, P.E. Public Works Director of Parks, Public Works and Emergency Management I certify that I know or have satisfactory evidence that William Sacriste is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director of Forward Planning, Lennar Seattle Division, Lennar Northwest, Inc., a Delaware Corporation, to be the free and voluntary act of such party for the use nd purposes mentioned in the i strument. Date: Notary Public in and for the State f Washin6ton �7 PUBLIC Printed Name •�',� :�,Q,� �� ;e�� Residing at:(,�� r rrA'r0OF011Appointment Expires: U L-h b2--i! (I STATE OF WASHINGTON ) ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Cary M. Roe is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director of Parks, Public Work and Emergency Management of the City of Federal Way, a Washington Municipal Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. otary Public in and for the State df Washi(igt C� ?'"i:1 �C'o'li `JJ -- Printed Name Residing at: -- Appointment Expires: 33563554055 EXHIBIT "A" 84 83 82 81 Q 5' EASEMENT 80 79 o 85 Q Sw 838{h a � 8s s Q� �I 53 0 87 paQ p 54 55 56 N 00 0 wy a 88 VOL a0w, ppO� 0 78 a 77 ~ o a 89 76 75 74 83��h o a so ' sr Lu QCD CD 94 91 95 96 97 i 98 Ln 0 92 93 0 j o 1 110 109 ~ 0 114 113 112 W 4 J 108 L7 -�° SCALE: For: PLAT OF J0B NUMBER HORIZONTAL 1"=100' VERTICAL N/A 16305 dHA tj 18215 72ND AVENUE S0t1T4 WYNSTONE EAST S KENT WA 98032 16305L.001,DOC Z (4 M51-fi2-22 Tide': 425 251-8782 FAX SHEET $' CIVIL ENGINEERING, LAND EASEMENT EXHIBIT °rF �y• PLANNING, SURVEYING, � 1 ENVIRONMENTAL 5Ei4VSC£5 DESIGNED XXX DRAW! 5TM CflECI�EI7 APPR[1VEC .._ I DATE j2--1-_ 1 MEMORANDUM CITY ❑F �. Federal Way DATE: 1/20/ 12 TO: Deb Barker FROM: Ann Dower Public Works Department SUBJECT: SOUNDVIEW MANOR PRELIMINARY PLAT - (07-103109-00-SU) *NO SITE ADDRESS* The submittals received on November 4, 2011 and December 29, 2011 have been reviewed. Road Design: Please make the following revisions to the plans prior to preliminary plat approval: 1. Correct the street sections on Sheet C land C2 to conform to current pavement section specifications. 2. Note on the plans that although they are not shown, street lights and street trees will be required. Review of the project as it relates to the 2009 KCSWDM 1. As long as the infiltration pond remains a viable part of the proposal, no BMP's will be required (Section 5.2). Prior to the public hearing, the applicant is advised to run the model using 100% forested condition in order to assuage any doubts that the pond will be large enough. It is also advised that the final design infiltration rate be used (se Section 5.4, page 5-58) rather than the simplified method. Water quality must meet "Enhanced Basic" requirements rather than "Basic". This applies to the improvements on Dash PointRoad as well as the site. Pre -settling is required for Stormfilters The space between the pond walls should be no more than 4:1 slope for safe maintenance. The applicant is advised to redesign based on these requirements to assure that there is adequate space for all required facilities. If it is not redesigned, the preliminaryplat approval will be conditioned to reflect the fact that the design does not currently meet water quality requirements. 3. The soils report does support an infiltration pond, at no lower than elevation 132. However it also states that the soib are highly erosive, which could cause plugging of the infiltration pond if not carefully handled. The City may consider alternatives to a cash deposit, however it is possible that the lots will not be built out andfully stabilized for several years. Tiis situation may not be well suited to other financial guarantees. 4. Please review the offsite flow from upstream properties. Does a conveyance pipe need to be provided for offsite flows? Will excessive erosion occur as a result of the proposed cutlang the south and east property lines? 5. For your information, the pond walls will require design by a geotechnical engineer. This does not need to be done prior to preliminary plat approval. CITY OF . Federal November 21, 2012 Quadrant Homes Pete Lymberis 14725 SE 36th St, Suite 100 Bellevue, WA 98006-1606 Way Re: Permit #05-105I80-00-EN; CAMPUS CREST 700 SW CAMPUS DR; Punch List for ,final Plat Dear Mr. Lymberis: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com An inspection of site work was recently performed on the above referenced project. Based on that inspection, the enclosed official Punch List of deficiencies was prepared. A punch list prepared by King County for streetlights is also included. Federal Way Revised Code (FWRC) section 18,40.040 (enclosed) pertaining to final plat approval requires that the plat improvements be substantially complete. Upon request, the Public Works Department may consider deferral of minor, non -life -safety items, as long as these items are bonded and completed within six months of final plat. In addition to the punch list items, all administrative and inspection fees shall be paid in full, with a check made payable to the City of Federal Way, prior to final plat. As of !November 13, 2012, the administrative and inspection fees totaled Thirty -Five Thousand, Eight Hundred Eighty One Dollars and 00/ 100 ($35,881.00). Additional Fees related to inspecting items on the attached Punch List, and review of As -Built Plans, must also be paid. These fees, along with all deposits paid, will be totaled and billed prior to final plat. Fees may be paid by the developer or may be electronically transferred From your administrative deposit. The punch list is valid for 30 days From the date of this letter. Any deletions to the Punch List, or extension of the 30-day limit, must be approved by the Public Works Department representative or inspector. Please contact Bill McCollum at (253) 835-2741 to schedule the punch list inspection. In order to receive the 700Io release of the bond for this project, all of the items on the list must be completed, payment of inspection and administrative fees must be current, and as-builts must be completed. Any items that have been approved for deferral, such as the final lift of asphalt, must be bonded separately. As-builts will include one mylar plan set and one copy of all as -built AutoCAD files (or Drawing Exchange Format for other platforms — i.e., DXF) with all supporting files including plot styles, shape files, Fonts and external reference (i.e., xref) files. Changes to original design should be shown by crossing out the original design and drawing the Campus Crest Punchlist for Final Plat Page 2 of 6 additional line work to depict as -built condition. Complete project copies should be burned on separate CD-R discs and contained in envelopes or jewel case protectors. Discs should be labeled identically with project name, date, developer and City of Federal Way project number. Thirty percent of the existing bond or assignment will be retained for a two-year maintenance period from the time of final project acceptance. The City will conduct an inspection(s) to note any defects in workmanship, function, or materials that must be repaired prior to the City's final acceptance of the facility and release of the remainder of the bond. The bond for deferred items will have a later maintenance release date, depending upon actual completion. Please contact me at (253) 835-2732 if you have any questions regarding this process Sincerely, Ann Dower Senior Engineering Plans Reviewer AD:dl enclosure CC Ken Miller, P.E.; Deputy Public Works Director Bill McCollum, Construction Inspector Janet Shull, Senior Planner Project File/AD Day File L:\CSDC\docs\save\30903302090.doc Campus Crest Punchlist for Final Plat Page 3 of 6 Campus Crest 05-105180 (Wynstone East) Punch List November 14, 2012 Miscellaneous 1. All Stop signs not at correct height and move sign at 12th Ave SW/SW 341 and sign at SW 339/SW 341 to planter strips. 2. BPA trail bollards are set in concrete and need to be installed as removable. 3. Pond road off 9th Ave SW needs more crushed rock placed behind walk. 4. Remove bark in planter strips and replace with grass along 12th Ave SW, 11th Ave SW and 10th Ave SW. 5. CB 66 - clear landscaping from around lid and provide protection from landscaping. 6. Cross walk signs at BPA trail crossing incorrect color and order of placement on post. 7. South end of sidewalk along 12th Ave SW, ramp end of walk. 8. Install 2 ADA ramps on 12th Ave SW across from SW 342"d. 9. Patch asphalt on SW corner of SW 341"/SW 3391h 10. Patch and seal water valve at BPA trail crossing. 11. Restore grass planter strip on 12th Ave SW at new ADA ramp. 12. Grout bottom of all new mail box legs. 13. Replace two (2) storm lids in sidewalk with smooth lid, one on 12th Ave SW sidewalk and one on Campus Drive sidewalk. 14. Adjust all utilities to finish grade after final asphalt paving. 15. Install one City street light and 1 PSE street light along Campus Dr. 16. Grout all street light bases and provide weep hole. 17. Complete all monumentation and surveying. 18. Remove sandbags around catch basins and add asphalt to direct water into the catch basins until final asphalt lift is completed. 19. Gravel on Tracts "K" and "L" is eroding and must be stabilized. UdITIPus t-reU Punchlist for Final Plat Page 4 of 6 20. Landscaped areas continue to present erosion control issues. Erosion control for the entire site must continue to be monitored and maintained by the developer throughout the maintenance period. 21. Final lift of asphalt must be completed or bonded separately, to be completed within two (2) years. 22. Ecology blocks must be removed from the new public right-of-way. If the neighborhood is to continue to be blocked off during home construction, lighted Type-3 barricades must be provided. 9th Ave SW 23. East side of 91h Ave SW at LUD sewer easement remove/replace 5'x25' sidewalk. loth Ave SW 24. BPA gravel road approach SW side remove/replace 5'x20' sidewalk/driveway. 25. BPA gravel road approach East side remove/replace 5'x10' driveway panel and 5'x10' sidewalk/driveway. loth ct SW 26. Remove/replace 10' curb/gutter at driveway. 27. Saw cut face of gutter to remove excess concrete from asphalt. 28. Lot 25/26 - Remove/replace 11' curb/gutter. filth Ave SW 29. Lot 7 - Remove/replace 5'x20' sidewalk 30. Lot 7 - Remove/replace 10' curb/gutter 31. Lot 12 - Remove/replace 5'x20' sidewalk/driveway. SW 338th 32. Tract E - Remove/replace 20'ea. of sidewalk, driveway, curb/gutter. 33. Lot 43 - Remove/replace 15' curb/gutter. 34. Lot 49 - Remove/replace 3.5' x7.5' east driveway wing. 35. Lot 50 - Remove/replace 27' curb/gutter at driveway. 36. Lot 52 - Remove/replace 20' curb/gutter at driveway. 37. Tract I - At driveway, remove/replace 20' sidewalk, 10' driveway, 20' curb/gutter. 38. Lot 82 - Remove/replace 7.5' curb/gutter. Campus Crest Punchlist for Final Plat Page 5 of 6 39. Lot 61 - Remove/replace 5'x7' sidewalk, 5'x8' sidewalk/driveway and 5' sidewalk/driveway. 40. Lots 61/62 - Remove/replace 5'x5' sidewalk. 41. Lot 62 - Remove/replace 5'x5' sidewalk/driveway and 3.5x5' driveway wing. SW 339th 42. Lot 38 - Remove/replace 5'x20' sidewalk/driveway. 43. Tract J - Remove/replace 20' sidewalk/driveway and 20' curb/gutter. 44. Lot 89/90 - Remove/replace 20' sidewalk. 45. Lot 97 - Remove/replace 3.5x7.5' driveway wing. 46. Lot 71 - Remove/replace 5'x8' sidewalk/driveway and 5'x9' sidewalk. SW 341st 47. Lot 32 - Remove/replace 3.5x7.5' driveway wing. 48. Lot 107 - Remove/replace ADA ramp 4'x4' landing and wing. 49. Tract D - Remove/replace 8'x15' sidewalk to stairs. 50. Provide a 1 to 2 foot wide asphalt wedge at the transition between pavement levels on 12th Ave SW and SW 341st St. Campus Dr. West of 9th Ave SW 51. West of street light#6 remove/replace 8'x10' sidewalk. Campus Dr. East of 9th Ave SW (from 9th east) 52. Remove/replace marked sidewalk - 8x20', 8'x10', 8'x10', 8'x10', 8x50', 8x40', 8x20', 8'x30', 8x40', 8'x10', 8'x110' total of 3501F. Pond 53. The wetland seed mix has not germinated well. The developer shall propose a solution and complete any reseeding, fertilization, planting, etc. before June 30, 2013 unless otherwise approved by the City. This item will continue to be under a performance bond until a suitable cover has been established. 54. Remove plug from upstream conveyance system. Campus Crest Punchlist for Final Plat Page 6of6 Street Lighting Inspection Punch List (by King County) 1. Pole #4433-1-1-23: Photo control is not isolated to contactors, luminaire with photo cell is spliced through photo cell pig tail, with exposed copper at butt splice. Cables also not clamped onto cable sheathing. Service location — SW 339th and SW 341st 2. Pole #4433-1-2-7: Photo control at pole next to service is not isolated to contactors, is also not functioning when photo cell is covered up simulating night time condition. Service at 9th Ave SW and SW Campus Drive. Made wiring corrections so lights along Campus Drive would work at night as directed by Bill McCollum via Jesse Hannahs. After wiring corrections were made, an issue with the (red) return wire from photo cell, which was part of the original issue with the photo control, had been pulled from the photo cell socket. Replaced photo cell socket with socket from our truck stock which required some modification. Factory warrant of both luminaire heads in question due to the unnecessary cutting of internal wiring. 3. Pole # 4234-1-1-1, no gravel under junction box. 4. Pole #4234-1-1-2, loose ground wires at hand hole. 5. Pole #4234-1-2-10, loose ground wire at hand hole. 6. Pole #4234-1-3-18, no gravel under junction box. 7. Pole #4433-1-2-43, no duct seal in conduit. 8. Pull junction box between pole #43 and 42, no duct seal. 9. Pole #4433-1-2-38: missing nut covers at pole base. 10. Pole #4433-1-1-35: no epoxy kit over wire splice. 11. To be completed at all pole locations: • Label all circuits at all junction box locations. • Pour concrete pads around junction box/pole. • Grout all luminaire poles. en �11LtTY Diswcf November 7, 2012 LAKEHAVEN UTILITY DISTRICT 31627 1" Ave South • P.O. Box 4249 • Federal Way, Washington 98063-4249 Federal Way: 253-941-1516 • Tacoma: 253-927-2922 www.lakehaven.org Ann Dower Community Development Department City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 RE: Final Plat Approval Status Wynstone East Project No. 6305037 Mr. Dower: �CEIVE NOV 0 9 202 PARKDEPAR iMENToBKS This letter serves as a status report to advise the Federal Way City Council on final plat approval for the referenced project. The water and sewer systems for this project are substantially complete, and service connections can be fully processed and activated under standard Lakehaven procedures. Terms of the referenced agreement with Lakehaven Utility District provide for final completion of construction of the water and sewer facilities for the project. Please do not hesitate to contact me, if you have any questions. I may be reached by phone at (253) 946-5406, by electronic mail at JJensen@Lakehaven.org, or by fax at (253) 529-4081. Sincerely, Xhn A. nsen Engin ring Technician II c: Pete Lymberis- Quadrant Kris Nelson - Barghausen Consulting Engineers ec: DevEngr Mgr Leonard D. Englund Charles I. Gibson Timothy A. McClain Donald L.P. Miller Ronald E. Nowicki Commissioner Commissioner Commissioner Commissioner Commissioner CIVIL ENGINEERING, LAND PLANNING, SURVEYING November 30, 2012 COURIER DELIVERY Janet Shull City of Federal Way Department of Community Development Services 33325 - 8th Avenue South Federal Way, WA 98003-6325 RE: Submittal of Final Plat for Wynstone East (f.k.a. Campus Crest) City File No. 12-102820-00-SU / Our Job No. 15500 Dear Janet: We have prepared final plat mylars plans and deed for the above -referenced project. Enclosed for your approval are the following documents: 1. One original mylar of final plat plans, signed and notarized 2. One title report, prepared by First American Title Insurance Company, dated November 21, 2012 3. One License for Irrigation Facilities document, signed by The Quadrant Corporation 4. One Statutory Warranty Deed for Wynstone East Pond, signed by The Quadrant Corporation 5. One Statutory Warranty Deed for 12th Avenue S.W., signed by The Quadrant Corporation 6. One Statutory Warranty Deed for Interior Plat Roads, signed by The Quadrant Corporation 7. One Statutory Warranty Deed for S.W. Campus Drive, signed by The Quadrant Corporation 8. One Declaration of Covenants, Conditions, and Restrictions for Wynstone East, signed by the Quadrant Corporation If you have any questions or need additional information, please do not hesitate to contact me at this office. Thank you. Sincerelyeelson is Project Administrator KN/mis 15500c.017.doc enc: As Noted cc: Pete Lymberis, The Quadrant Corporation (w/enc) Thomas A. Barghausen, Novastar Development Inc. Bryan Schwartz, Barghausen Consulting Engineers, Inc. Kimberly Anderson, Barghausen Consulting Engineers, Inc. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES ♦ OLYMPIA, WA ♦ CONCORD, CA ♦ TEMECULA, CA www.barghausen.com When Recorded, Return to: Kimi Fish The Quadrant Corporation 14725 SE 36th Street, Suite 200 Bellevue, Washington 98006 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WYNSTONE EAST Grantor: The Quadrant Corporation dba Quadrant Homes ❑ Additional on page Grantee: Plat of Wynstone East; The Wynstone East Homeowners Association; The Public ❑ Additional on page Legal Description (abbreviated): Lots 1-114 and Tracts C, D, E, F, G, H, I, J, K, L, M, Wynstone East, according to the plat thereof recorded in Volume of Plats, Pages through _, inclusive, King County Recorder's Number records of King County, Washington. Situate in the County of King, State of Washington. Assessor's Tax Parcel ID M Reference Nos. of Documents Released or Assigned: None TABLE OF CONTENTS ARTICLE SECTION PAGE PART ONE: INTRODUCTION TO THE COMMUNITY.............................................................................1 Article I Creation of the Community .........................................................................................1 1.1. Purpose and Intent......................................................................................... ..................1 1.2. Binding Effect........................................................................................................................1 1.3. Governing Documents...........................................................................................................2 Article II Concepts and Definitions...........................................................................................2 PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS .............................6 Article III Use and Conduct..........................................................................................................6 3.1. Framework for Regulation ............... ...... ................................................................... ............ 6 3.2. Authority to Enact Use Restrictions.......................................................................................7 3.3. Owners' Acknowledgment and Notice to Purchasers...........................................................8 3.4. Protection of Owners and Others..........................................................................................8 Article IV Architecture and Landscaping...................................................................................9 4.1. General...................................................................................................................---............9 4.2. Design Review . ............................................... :................................................. :................. 10 4.3. Guidelines and Procedures....................................................................................--------....11 4.4. No Waiver of Future Approvals .......... • .......................................................................•---....13 4.5. Variances.............................................................................................................I...............13 4.6. Limitation of Liability ............................ ......... ......... ............................................ .................. 13 4.7. Certificate of Approval.........................................................................................................13 Article V Maintenance and Repair............................................................................................13 5.1. Maintenance of Areas of Common Responsibility..............................................................13 5.2. Maintenance of Units...........................................................................................................13 5.3. Responsibility for Repair and Replacement.................................................... :....... ............ 14 5.4. Remedies for Failure to Maintain........................................................................................14 PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION.............................................15 Article VI The Association and its Members............................................................................15 6.1. Function of Association ............................ ..................................................................... ...... 15 6.2. Membership....................................--............................................................... .........15 6.3. Voting.........................................................................................................................15 6.4. Notice...................................--..---...................................................................................16 Article VII Association Powers and Responsibilities ................... :.......................................... 16 7.1. Acceptance and Control of Association Property................................................................16 7.2. Maintenance of Areas of Common Responsibility .............. :............................................... 16 7.3. Insurance.............................................................................................................................18 7.4. Compliance and Enforcement.............................................................................................20 7.5. Implied Rights; Board Authority................................................................:.....:....................22 7.6. Indemnification of Officers, Directors, and Others ................................ :............................. 22 7.7 Security ................................................................................................................................23 7.8. Effect of Dissolution of Association.....................................................................................23 7.9. Provision of Services...........................................................................................................23 7.10. Relations with Other Properties..........................................................................................23 7.11. Facilities and Services Open to the Public..........................................................................24 7.12. Permit Matters......................................................................................................•------....--..24 7.13. Relationship with Tax -Exempt Organizations.....................................................................24 Article VIII Association Finances................................................................................................24 8.1. Budgeting and Allocating Common Expenses....................................................................24 8.2. Budgeting for Reserves....................................................................................................--.25 8.3. Special Assessments..........................................................................................................25 8.4. Specific Assessments.........................................................................................•---.......:....26 8.5. Authority To Assess Owners; Time of Payment.................................................................26 8.6. Obligation for Assessments............................................................................... •---...... ..26 8.7. Lien for Assessments..........................................................................................................27 8.8 Suspension of Voting Rights...............................................................................................28 8.9. Exempt Property..................................................................................................................28 8.10. Reimbursement of Declarant for Common Areas Development - Capitalization ................28 8.11 Reimbursements From Local Jurisdictions — Assignment to Declarant ................ .------- ....28 PART FOUR: COMMUNITY DEVELOPMENT.......................................................................................29 Article IX Expansion of the Community...................................................................................29 9.1. Expansion by Declarant......................................................................................................29 9.2. Expansion by the Association.............................................................................................29 9.3. Additional Covenants and Easements ................... —..................... .................................... 29 9.4. Effect of Recording Supplemental Declaration ........ ........................................................... 29 Article X Additional Rights Reserved to Declarant................................................................30 10.1. Withdrawal of Property ........................................................................................................30 10.2. Governmental Interests ........................................... ....... ..............................................30 10.3. Marketing and Sales Activities....................................................................... ................30 10.4. Right To Develop..................................................................................................... ......30 10.5. Right To Approve Additional Covenants.............................................................................30 10.6. Right To Approve Changes in the Standards Within the Community .................................30 10.7. Right To Transfer or Assign Declarant Rights....................................................................30 10.8. Easement To Inspect and Right To Correct........................................................................31 10.9. Right to Notice of Design or Construction Claims...............................................................31 10.10 Termination of Rights..........................................................................................................31 PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY...........................................................31 ArticleXI Easements..................................................................................................................31 11.1. Easements in Common Area..............................................................................................31 11.2. Easements of Encroachment...--�........................................................................................32 11.3. Easements for Utilities, Etc . .......................... ...................................................................... 33 11.4. Easements To Serve Additional Property ...........................................................................33 11.5. Easements for Maintenance, Emergency, and Enforcement.............................................34 11.6. Technology Utility Easements.............................................................................................34 Article XII Exclusive Common Areas.........................................................................................35 12.1. Purpose...............................................................................................................................35 12.2. Designation..................••------...............................................................................................35 12.3. Use by Others.................................................................................................. ..................35 Article XIII Party Walls and Other Shared Structures...............................................................35 13.1- General Rules of Law to Apply...................................................................•---.....................35 13.2. Maintenance; Damage and Destruction..............................................................................35 13.3. Right to Contribution Runs With Land.................................................................................36 13.4. Disputes.......................................................................................... .................................. 36 PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY .........................................36 Article XIV Dispute Resolution and Limitation on Litigation...................................................36 14.1. Dispute Resolution Methods...............................................................................................36 14.2. Claims and Exempt Claims.................................................................................................36 14.3. Bound Parties......................................................................................................................37 14.4. Arbitration Agreements.......................................................................................................37 14.5. Consensus for Association Litigation..................................................................................39 14.6. Mandatory Procedures for Litigation of Claims...................................................................39 14.7 Allocation of Costs of Resolving Claims..............................................................................40 14.8 Enforcement of Resolution................................................................................................. 40 Article XV Mortgagee Provisions................................................................................................40 15.1. Notices of Action ................................. ...............................................................................40 15.2. Special FHLMC Provision...................................................................................................41 15.3. Other Provisions for First Lien Holders...............................................................................41 15.4. Amendments to Documents................................................................................................42 15.5. No Priority............................................................................................................................43 15.6. Notice to Association...........................................................................................................43 15.7. Failure of Mortgagee To Respond......................................................................................43 15.8. Construction of Article XV .................................................................................. .................43 15.9. Amendment by Board .......................................................................................................... 43 PART SEVEN: CHANGES IN THE COMMUNITY..................................................................................43 Article XVI Changes in Ownership of Units...............................................................................43 Article XVII Changes in Common Area......................................................................................44 17.1. Condemnation.....................................................................................................................44 17.2. Partition...............................................................................................................................44 17.3. Transfer or Dedication of Common Area............................................................................44 Article XVIII Amendment of Declaration....................................................................................44 18.1. By Declarant.. .................................. ................................................................................. 44 18.2. By Members........................................................................................................................45 18.3. Validity and Effective Date ........ .....•-••-................................................................................ 45 18.4. Exhibits........................................................................................................................45 EXHIBITS "A" Land Initially Submitted to Declaration "B" Initial Use Restrictions. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WYNSTONE EAST THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WYNSTONE EAST is made this day of , 2012, by The Quadrant Corporation, a Washington corporation, doing business as Quadrant Homes ("Declarant"), for the real property described in Exhibit A and for such additional real property as Declarant elects to add to the Declaration. PART ONE: INTRODUCTION TO THE COMMUNITY Declarant, as the developer of this community, has established this Declaration to provide a governance structure and a flexible system of standards and procedures for the development, administration, maintenance, and preservation of procedures for the residential property. In addition, the Homeowners Association is assigned certain responsibilities for administration, maintenance, and preservation of property within the community as set forth in this Declaration. These additional responsibilities shall be for the benefit of the members and all property owners within the community. Article I Creation of the Community 1.1. Purpose and Intent. Declarant, as an owner of the real property described in Exhibit "A," intends by Recording this Declaration to create a general plan of development for the community identified in the title to this Declaration. This Declaration provides a flexible and reasonable procedure for the future expansion of the Properties to include additional real property as Declarant deems appropriate, and provides for the overall development, administration, maintenance, and preservation of the real property now and hereafter comprising the Properties. An integral part of the development plan is the creation of a Homeowners Association comprised of all owners of real property in the Properties to own, operate, and maintain various common areas and community improvements, and to administer and enforce this Declaration and the other Governing Documents referred to in this Declaration. 1.2. Binding Effect. All property described in Exhibit "A," and any property which is made a part of the Properties in the future by Recording one or more Supplemental Declarations, or Amendments to the Declaration, shall be owned, conveyed, and used subject to all of the provisions of this Declaration, which shall run with the title to such property. This Declaration shall be binding upon all Persons having any right, title, or interest in any portion of the Properties, their heirs, successors, successors -in -title, and assigns. This Declaration shall be enforceable by Declarant, the Association, any Owner, and their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law. If, however, the period for the enforcement of covenants running with the land is limited by law, the Declaration shall be enforceable as provided above for a period of 20 years. After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument signed by a majority of the then Owners has been Recorded within the year preceding any extension, agreeing to amend, in whole or in part, or terminate this Declaration, in which case this Declaration shall be amended or terminated as specified in such instrument. Notwithstanding the above, if any provision of this Declaration would be unlawful, void, or voidable by reason of applicability of the rule against perpetuities, such provision shall expire 21 years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England. Nothing in this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement. If any provision of this Declaration is determined by judgment or court order to be invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of the other provisions or applications. 1.3. Governing Documents. The Governing Documents, as defined in Section 2.16, create a general plan of development for the Properties which may be supplemented by additional covenants, restrictions, and easements applicable to the Properties. In the event of a conflict between or among the Governing Documents and any such additional covenants or restrictions, or the provisions of any other rules or policies governing the Properties, the Governing Documents shall control. Nothing in this Section shall preclude any Supplemental Declaration or other Recorded covenants applicable to any portion of the Properties from containing additional restrictions or provisions which are more restrictive than the provisions of this Declaration. All provisions of the Governing Documents shall apply to all Owners and to all occupants of their Units, as well as their respective tenants, guests, and invitees. Any lease on a Unit shall provide that the lessee and all occupants of the leased Unit shall be bound by the terms of the Governing Documents. Article II Concepts and Definitions The terms used in the Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as set forth below. 2.1. "Areas of Common Responsibility": The Common Area, together with such other areas the Association has or assumes responsibility pursuant to the terms of this Declaration, the Plat, any Supplemental Declaration, or the Plat, other applicable covenants, contracts, or agreements. 2.2. "Articles of Incorporation" or "Articles": The Articles of Incorporation of the Homeowners Association, as filed with the Washington Secretary of State to establish the Association as a non-profit corporation under Washington State law. 2.3. "Association": The non-profit homeowners Association formed with the Washington State Secretary of State for the purpose of administering this Declaration on behalf of the Owners, and its successors or assigns. The name of the Association is "Wynstone East Homeowners Association." 2.4. 'Base Assessment': Assessments levied on all Units subject to assessment under Article VIII to fund Common Expenses for the general benefit of all Units, as determined in accordance with Section 8.1. 2.5. 'Board of Directors" or "Board": The body responsible for administration of the Association, selected as provided in the Bylaws and serving as the board of directors under Washington corporate law. 2.6. 'Builder": Any Person who purchases one or more Units for the purpose of constructing improvements for later sale to consumers, or who purchases one or more parcels of land within the Properties for further subdivision, development, and/or resale in the ordinary course of business. page 2 2.7. "Bylaws": The Bylaws of the Association, as they may be amended, which govern the Association's internal affairs, such as voting rights, elections, meetings, selection of officers, etc. 2.8. "Class "B" Control Period": The period of time during which the Class "B" Member is entitled to appoint a majority of the members of the Board. The Class "A" and Class "B" Members are defined in Section 6.3. The Class "B" Control Period expires upon the first to occur of the following: (a) when 100% of the total number of Units for the property described in Exhibit,"A" and any additional property added to the terms of this Declaration pursuant to Article IX, Section 9.1, have been conveyed to Class "A" Members other than Builders; (b) a date 10 years from the date this Declaration is Recorded; or (c) when, in their discretion, the Class "B" Members so determine. 2.9. "Common Area": All real and personal property, including easements, which the Association owns, leases, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, including, without limitation, entrance tracts, perimeter buffers, restrictive areas, parks, surface water retention/detention tracts, landscape tracts, private roads, the community center, and other tracts or parcels conveyed to the Association by Declarant. The term shall include the Exclusive Common Area and the Community Area, as defined below. The term shall also include any public roads or other public facilities, the dedication of which has not yet been accepted by the Local Jurisdiction for public ownership; upon such acceptance, the Association's duties shall terminate. 2.10. "Common Expenses": The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board may find necessary and appropriate pursuant to the Governing Documents. 2.11. "Community Area": The real and personal property so designated by Declarant, and which is owned and/or maintained by the Association for the common benefit of all Persons. The Community Area may include, if designated by the Declarant on the face of the Plat or in a Recorded document conveying such Community Area to the Association or action taken by the Association: (a) the main entry and identification features, including all signage, landscaping, and other improvements which are a part thereof; (b) private roads, sidewalks and community -wide location and directional signage if not owned and the maintenance assumed by the Local Jurisdiction; (c) recreational amenities and private storm drainage systems depicted on the Plat; (d) the hard surface and soft service trails (private trails and any supplemental maintenance of public trails), including signage; (e) wetlands, sensitive areas, open space, conservation areas, buffers, drainage areas, natural habitat preserves, and similar areas designated by Declarant, including all appurtenant page 3 monitoring or reporting obligations associated therewith, if not owned and the maintenance assumed by the Local Jurisdiction; (f) the community parks, and any other parks designed as a Community Area by Declarants, if not owned and the maintenance assumed by the Local Jurisdiction ; (g) if required on the face of the Plat, or if the Association assumes responsibility by Board or Member vote, the landscaping adjacent to arterial roadways and buffers, which may be located in an easement area shown on the recorded plat and regardless of whether such property is in the public rights -of -way, to the extent permitted by the Local Jurisdiction; otherwise, such landscaping shall not be included within the Areas of Common Responsibility, and shall be maintained by the Owners of the Units adjacent to such areas, as provided in Section 5.2; (h) landscaping located in any public parks, drainage areas, public facilities or improvements, or other property for which the Association may provide maintenance and repair with the consent of the Local Jurisdiction; (i) landscaping located at the Units, if and to the extent that the Association determines by a vote of the Members that landscaping at the Units should be maintained by the Association to attain uniformity and a higher quality aesthetic appearance; 0) any other real or personal property, service, or facility which now, or by amendment of this Declaration, designated to be a part of the Community Areas by the Declarant. 2.12. "Community -Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard shall be established initially by Declarant and may contain both objective and subjective elements. The Community -Wide Standard may evolve as development progresses and as the needs and demands of the Properties change. 2.13. "Declarant": The person identified as "Declarant" on the signature page of this Declaration, or any successor or assign who takes title to any portion of the property described in Exhibit "A" for the purpose of development and/or sale and who is designated as a Declarant in a Recorded instrument executed by the immediately preceding Declarant or assigned all or a portion of Declarant's rights hereunder. Upon a designation of a successor Declarant, all rights and responsibility of the former Declarant in and to such status as "Declarant" under this Declaration shall cease. At any time that more than one person holds any rights as a Declarant, a single Declarant may exercise any of the Declarant's rights described herein over that portion of the property owned by the single Declarant, and shall not be required to obtain the concurrence of any other Declarant who does not hold an ownership interest in the portion of the property over which a single Declarant desires to exercise sole authority, except for amendment of the Declaration, which shall require the concurrence of both Declarants unless otherwise agreed by the Declarants in writing. A single Declarant may conditionally or permanently assign to the other Declarant all of a Declarant's rights hereunder, by recorded instrument. 2.14 "Declaration": This Declaration of Covenants, Conditions, and Restrictions, which creates obligations which are binding upon the Association and all present and future Owners. page 4 2.15 "Exclusive Common Area": A portion of the Common Area primarily benefiting one or more, but less than all, Units, as more particularly described in Article XII. 2.16. "Governing Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the Bylaws, the Articles, the Residential Design Guidelines, the Use Restrictions, and the Rules and Regulations, as each may be amended. 2.17 "Local Jurisdiction": Any governmental authority having jurisdiction over the Properties, for a matter described in this Declaration. A Local Jurisdiction may include the State of Washington, a County, a City, or a local sewer or water district or other governmental entity assigned authority by law to regulate activities in the Properties. A Local Jurisdiction may refer to different governmental authorities, depending upon which governmental authority is assigned responsibility to regulate activities described in this Declaration. 2.17. "Member": A Person subject to membership in the Association pursuant to Section 6.2. 2.18. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. 2.19. "Owner": One or more Persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a Recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the Owner. 2.20. "Permits": Collectively, the permits, land use restrictions and conditions of Plat approval, as determined, approved and issued by the Local Jurisdiction related to the development and construction of improvements located at the Properties, as such may be amended or modified from time to time. 2.21. "Person": A natural person, a corporation, a partnership, a trustee, or other legal entity. 2.22 "PIC": The Property Improvement Committee, as described in Article IV, Section 4.2. 2.23 "Plat": The plat of the real property described in Exhibit "A," together with all requirements described or referenced therein. `Plat" shall also include any property included in a plat of the real property referred to in Exhibit "A," but not included within the description of property contained in Exhibit 'A" which property may or may not be subjected to the terms of this Declaration in the future in the manner described in Article IX. 2.24. "Properties:" The real property described in Exhibit "A," together with such additional property, whether contiguous or noncontiguous, as is subjected to this Declaration, in accordance with Article IX. 2.25. "Record," "Recording," or "Recorded": To file, the filing, or filed of record in the Public Real Estate Records of the County in which the Properties are located, or such other place which is designated as the official location for recording deeds and similar documents affecting title to real estate. The date of Recording shall refer to that time at which a document, map, or plat is Recorded. page 5 2.26. 'Residential Design Guidelines": The architectural, design, and construction guidelines and review procedures adopted pursuant to Article IV, as they may be amended, which establish architectural standards and guidelines for improvements and modifications to Units. 2.27. 'Rules and Regulations": Board -adopted Rules and Regulations which establish administrative procedures for internal Association governance and operating procedures for use of the Common Area and property included within the Area of Common Responsibility. 2.28 "Sale" or "Sold" shall mean the date upon which ownership of a Unit is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. 2.29 "Street Trees" shall mean the trees that are required to be planted, located and maintained on the property pursuant to notes on the face of the Plat, or described by this Declaration. 2.30. "Special Assessment': An assessment levied in accordance with Section 8.3. 2.31. "Specific Assessment': An assessment levied in accordance with Section 8.4. 2.32. "Supplemental Declaration": An instrument Recorded pursuant to Article IX which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument. 2.33. "Unit': A portion of the Properties, whether improved or unimproved, which may be independently owned and is intended for development, use, and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. In the case of a building within a condominium or other structure containing multiple dwellings, each dwelling shall be deemed to be a separate Unit. Prior to Recording a subdivision plat, a parcel of vacant land, or land on which improvements are under construction, shall be deemed to contain the number of Units designated for residential use for such parcel on the preliminary plat or the site plan approved by Declarant, whichever is more recent. 2.34. "Use Restrictions": The initial Use Restrictions set forth in Exhibit "B," as they may be supplemented, modified, and repealed pursuant to Article III, which govern the use of property, activities and conduct within the Properties. PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS The standards for use and conduct, maintenance, and architecture within the community are what give the community its identity and make it a place that people want to call "home." This Declaration establishes procedures for regulation as a dynamic process which allows the community standards to evolve as the Properties change and grow over time. Article III Use and Conduct 3.1. Framework for Regulation. The Governing Documents establish, as part of the general plan of development for the Properties, a framework of affirmative and negative covenants, easements and restrictions which govern the Properties. Within that framework, the Board and the Members must have the ability to respond to unforeseen problems and changes in circumstances, conditions, needs, page 6 desires, trends, and technology which inevitably will affect the Properties, its Owners, and residents. Toward that end, this Article establishes procedures for modifying and expanding the initial Use Restrictions set forth in Exhibit "B." 3.2. Authority to Enact Use Restrictions. (a) Subject to the terms of the Permits, this Article, and the Board's duty to exercise business judgment and reasonableness on behalf of the Association and its Members, the Board may adopt, modify, cancel, limit, create exceptions to, or expand the Use Restrictions. The Board shall conspicuously publish notice concerning any such proposed action at least five business days prior to the Board meeting at which such action is to be considered. Members shall have a reasonable opportunity to be heard at a Board meeting prior to such action being taken. Such action shall become effective, after compliance with the distribution requirements below, unless disapproved at a meeting by Members representing more than 50% of the total Class "A" votes in the Association and by the Class "B" Members, if any. The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon receipt of a petition as required for special meetings in the Bylaws. Upon receipt of such petition prior to the effective date of any Board action under this Section 3.2(a), the proposed action shall not become effective until after such meeting is held, and then subject to the outcome of such meeting. Alternatively, Members representing more than 50% of the total Class "A" votes in the Association at an Association meeting duly called for such purpose, may vote to adopt Use Restrictions which modify, cancel, limit, create exceptions to, or expand the Use Restrictions then in effect. Such action shall require approval of the Class "B" Members, if any. Prior to any action taken under this Section 3.2(a) becoming effective, the Board shall send a copy of the new Use Restriction or explanation of any changes to the Use Restrictions to each Owner. The effective date shall be at least 30 days following distribution to Owners. The Association shall provide, without cost, a copy of the Use Restrictions then in effect to any requesting Member or Mortgagee. Nothing in this Article shall authorize the Board or the Members to modify, repeal, or expand the Residential Design Guidelines or other provisions of this Declaration. In the event of a conflict between the Residential Design Guidelines and the Use Restrictions, the Residential Design Guidelines shall control. (b) The procedures required under this Section 3.2 shall not apply to the enactment and enforcement of Rules and Regulations (e.g., administrative issues, regulations governing the use of the Common Area, etc.) unless the Board chooses in its discretion to submit to such procedures. Examples of such administrative Rules and Regulations shall include, but not be limited to, hours of operation of a recreational facility, use of private trails, and the method of allocating or reserving use of a facility (if permitted) by particular individuals at particular times. The Board shall exercise business judgment in the enactment, amendment, and enforcement of such administrative Rules and Regulations. page 7 3.3. Owners' Acknowledgment and Notice to Purchasers. All Owners are given notice that use of their Units and the Common Area is limited by the Use Restrictions as they may be amended, expanded, and otherwise modified hereunder. Each Owner, by acceptance of a deed, acknowledges and agrees that the use and enjoyment and marketability of his or her Unit can be affected by this provision and that the Use Restrictions may change from time to time. All purchasers of Units are on notice that changes may have been adopted by the Association. Copies of the current Use Restrictions may be obtained from the Association. 3.4. Protection of Owners and Others. Except as may be contained in this Declaration either initially or by amendment or in the initial Use Restrictions set forth in Exhibit "B," all Use Restrictions shall comply with the following provisions: (a) Similar Treatment. Similarly situated Owners shall be treated similarly. (b) Displays. The rights of Owners to display religious and holiday signs, symbols, and decorations inside structures on their Units of the kinds normally displayed in dwellings located in single-family residential neighborhoods shall not be abridged, except that such shall be consistent with the Local Jurisdiction's Ordinances and the Association may adopt time, place, and manner restrictions with respect to any displays (including those outside of a dwelling) visible from outside the dwelling. No Use Restrictions shall regulate the content of political signs; however, rules may regulate the time, place, and manner of posting such signs (including design criteria) and the Local Jurisdiction's Ordinances shall apply. (c) Household Composition. No Use Restriction shall interfere with the freedom of Owners to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping unit, to limit rental of Units, and to limit the total number of occupants permitted in each Unit on the basis of the size and facilities of the Unit, its fair use of the Common Area, and on the basis of compliance with applicable the Local Jurisdiction's Ordinances. Use Restrictions may be adopted by the Association to limit or prohibit the occupancy of Units by persons who have been convicted of a crime for which continued supervision after conviction is imposed upon the proposed occupant. (d) Activities Within Dwellings. No Use Restriction shall interfere with the activities carried on within the confines of dwellings, except that the Association may prohibit activities not normally associated with property restricted to residential use, it may restrict rental of Units, and it may restrict or prohibit any activities that create monetary costs for the Association or other Owners, that create a danger to the health or safety of occupants of other Units, that generate excessive noise or traffic, that create unsightly conditions visible outside the dwelling, that create an unreasonable source of annoyance, or that involve illegal conduct. (e) Household Occupations. No Use Restriction may interfere with the rights of an Owner or occupant residing in a Unit to conduct business activities within the Unit so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit; (ii) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the Board's sole discretion; (iii) any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Unit and that they not be visible from the page 8 exterior of the home and (iv) it is as otherwise allowed by the Permits and applicable law. Nothing in this Section shall permit (1) the use of a Unit for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the Unit. The Board may, from time to time, promulgate rules restricting the activities located on the Properties pursuant to the authority granted to the Association under this Declaration, the Bylaws, and RCW Chapter 64.38. (f) Allocation of Burdens and Benefits. No Use Restriction shall alter the allocation of financial burdens among the various Units or rights to use the Common Area to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Area available, from adopting generally applicable Rules and Regulations for use of Common Area, or from denying use privileges to those who abuse the Common Area or violate the Governing Documents. This provision does not affect the right to increase the amount of assessments as provided in Article VIII. (g) Alienation. The Association may not impose any fee on the transfer of any Unit greater than an amount reasonably based on the costs to the Association of administering that transfer. The Association may regulate the leasing or rental of Units. (h) Abridging Existing Rights. No Use Restriction shall require an Owner to dispose of personal property that was in or on a Unit prior to the adoption of such Use Restriction and which was in compliance with all Use Restrictions previously in force. This dispensation shall apply only for the duration of such Owner's ownership of such personal property, and this right shall not run with title to any Unit. (i) Reasonable Rights To Develop. No Use Restriction, Rule or Regulation, or action by the Association or Board shall unreasonably impede Declarant's right to develop the Properties or other portions of the community. The limitations in subsections (a) through (h) of this Section shall only limit the authority exercised under Section 3.2; they shall not apply to amendments to this Declaration adopted in accordance with Article XVIII. Article IV Architecture and Landscaping 4.1. General. No structure or thing shall be placed, erected, or installed upon any Unit within the Properties and no improvements or other work (including staking, clearing, excavation, grading and other site work, exterior alterations of existing improvements, or planting or removal of landscaping) shall take place within the Properties, except in compliance with this Article, the Residential Design Guidelines adopted pursuant to this Declaration. No approval of the PIC shall be required to repaint the exterior of a structure, if in accordance with the originally approved color scheme, or to rebuild in accordance with originally approved plans and specifications. Any Owner may remodel, paint, or redecorate the interior of his or her Unit without approval, provided that the work performed complies with all laws applicable to the Local Jurisdiction. However, modifications to the interior of screened porches, patios, and similar portions of a Unit visible from outside the structure and modifications to enclose garages as living space shall be subject to approval. page 9 All dwellings constructed on any portion of the Properties shall be designed by and built in accordance with the plans and specifications of a licensed architect or licensed building designer unless otherwise approved by Declarant or Declarant's designee, in its sole discretion. This Article shall not apply to Declarant's activities, nor to the Association's activities during the Class "B" Control Period. 4.2. Design Review. (a) By Declarants. Each Owner, by accepting a deed or other instrument conveying any interest in any portion of the Properties, acknowledges that Declarant has a substantial interest in ensuring that the improvements within the Properties enhance Declarant's reputation as a community developer and do not impair Declarant's ability to market, sell, or lease their property. Therefore, each Owner agrees that no activity within the scope of this Article ("Work") shall be commenced on such Owner's Unit unless and until Declarant or Declarant's designee has given its prior written approval for such Work, which approval may be granted or withheld in Declarant's or Declarant's designee's sole discretion. In reviewing and acting upon any request for approval, Declarant or its designee shall be acting solely in Declarant's interest and shall owe no duty to any other Person. Declarant's rights reserved under this Article shall continue so long as Declarant owns any portion of the Properties or any real property described in Exhibit A, unless earlier terminated in a written instrument executed and Recorded by Declarant. Declarant may, in its sole discretion, designate one or more Persons from time to time to act on Declarant's behalf in reviewing applications hereunder. Declarant may from time to time, but shall not be obligated to, delegate all or a portion of the Declarant's reserved rights under this Article to (i) a Property Improvement Committee appointed by the Association's Board of Directors (the "PIC"), or (ii) a committee comprised of architects, engineers, or other persons who may or may not be Members of the Association. Any such delegation shall be in writing, specifying the scope of responsibilities delegated, and shall be subject to (i) Declarant's right to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated; and (ii) Declarant's right to veto any decision which Declarant determines, in Declarant's sole discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has any rights under this Article, the jurisdiction of the foregoing entities shall be limited to matters specifically delegated by Declarant. (b) Property Improvement Committee. Upon delegation by Declarant or upon expiration or termination of Declarant's rights under this Article, the Association, acting through the PIC, shall assume jurisdiction over design, property modification and architectural matters in the Property. The PIC, when appointed, shall consist of at least three, but not more than seven, persons who shall serve and may be removed and replaced in the Board's discretion. The members of the PIC need not be Members of the Association, the Board, or representatives of Members, and may, but need not, include architects, engineers, or similar professionals, whose compensation, if any, shall be established from time to time by the Board. If the PIC is not formed, or is determined to lack authority to exercise the powers assigned to it for any reason, the Board shall act as the PIC and may delegate any portion of the PIC's duties to any person, subject to final approval or ratification by the Board. The PIC may be broken into or may form subcommittees to preside over particular areas of review (e.g., a new construction subcommittee and a modifications subcommittee.) Any reference herein to the PIC should be deemed to include a reference to any such subcommittee. page 10 Unless and until such time as Declarant delegates all or a portion of its reserved rights to the PIC or Declaranfs rights under this Article terminate, the Association shall have no jurisdiction over architectural matters. For purposes of this article, the entity having jurisdiction in a particular case shall be referred to as the "Reviewer." (c) Reviewer Fees; Assistance. The Reviewer may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers, or other professionals. Declarant and the Association may employ architects, engineers, or other persons as deemed necessary to perform the review. The Board may include the compensation of such persons in the Association's annual operating budget as a Common Expense. 4.3. Guidelines and Procedures. (a) Residential Design Guidelines. Declarant may prepare the initial Residential Design Guidelines, which may contain general provisions applicable to all of the Properties as well as specific provisions which vary from area to area within the community. The Residential Design Guidelines are not the exclusive basis for decisions of the Reviewer and compliance with the Residential Design Guidelines does not guarantee approval of any application. Absence of adopted Residential Design Guidelines shall not limit the PIC's ability to exercise its powers; however, when disapproving an application for permission to perform Work, the PIC shall describe the basis for its decision if it is unable to refer to adopted Residential Design Guidelines as the reason for its election to disapprove an application. Declarant shall have sole and full authority to amend the Residential Design Guidelines in a manner consistent with the Permits as long as the Declarant owns any portion of the Properties or has a right to expand the Properties pursuant to Section 9.1, notwithstanding a delegation of reviewing authority to the PIC, unless Declarant also delegates the power to amend to the PIC. Upon termination or delegation of Declarant's right to amend, the PIC shall have the authority to amend the Residential Design Guidelines in a manner consistent with the Permits, with the consent of the Board. Any amendments to the Residential Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. Except for conditions of the Permits, there shall be no limitation on the scope of amendments to the Residential Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Residential Design Guidelines less restrictive. The Reviewer shall make the Residential Design Guidelines available to Owners and Builders who seek to engage in development or construction within the Properties. In Declarant's discretion, such Residential Design Guidelines may be Recorded, in which event the Recorded version, as it may unilaterally be amended from time to time, shall control in the event of any dispute as to which version of the Residential Design Guidelines was in effect at any particular time. (b) Procedures. No Work shall commence on any portion of the Properties until an application for approval has been submitted to and approved by the Reviewer. Such application shall include plans and specifications ("Plans") showing site layout, structural design, exterior elevations, page 11 exterior materials and colors, landscaping, drainage, exterior lighting, irrigation, and other features of proposed construction, as applicable. The Residential Design Guidelines and the Reviewer may require the submission of such additional information as may be reasonably necessary to consider any application. In reviewing each submission, the Reviewer may consider any factors it deems relevant, including, without limitation, harmony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each . Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. The Reviewer shall respond in writing to the applicant at the address specified in the application. The response may (i) approve the application, with or without conditions; (ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the application. The Reviewer may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any objections. In the event that the Reviewer fails to respond in a timely manner (as provided in the Residential Design Guidelines), approval shall be deemed to have been given, subject to Declarant's right to veto approval by the PIC pursuant to this Section. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Residential Design Guidelines unless a differing design proposal has been approved pursuant to Section 4.5. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U. S. Postal Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant. The Board may also adopt other methods for providing notice, by promulgation of Rules describing such notice procedures. Until expiration of Declarant's rights under this Article, the PIC shall notify Declarant in writing within three business days after the PIC has approved any application relating to proposed Work within the scope of matters delegated to the PIC by Declarant. The notice shall be accompanied by a copy of the application and any additional information which Declarant may require. Declarant shall have 10 days after receipt of such notice to veto any such action, in its sole discretion, by notice to the PIC and the applicant. If construction does not commence on a project for which Plans have been approved within one year after the date of approval, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for approval before commencing the proposed Work. Once construction is commenced, it shall be diligently pursued to completion. All Work shall be completed within one year of commencement unless otherwise specified in the notice of approval or unless the Reviewer grants an extension in writing, which it shall not be obligated to do. If approved Work is not completed within the required time, it shall be considered nonconforming and shall be subject to enforcement action by the Association, Declarant or any aggrieved Owner. The Reviewer may, by resolution, exempt certain activities from the application and approval requirements of this Article, provided such activities are undertaken in strict compliance with the requirements of such resolution. page 12 4.4. No Waiver of Future Approvals. Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that opinions on aesthetic matters, as well as interpretation and application of the Residential Design Guidelines, may vary accordingly. In addition, each Owner acknowledges that it may not always be possible to identify objectionable features of proposed Work until the Work is completed, in which case it may be unreasonable to require changes to the improvements involved, but the Reviewer may refuse to approve similar proposals in the future. Approval of applications or Plans for any Work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar applications, Plans, or other matters subsequently or additionally submitted for approval. 4.5. Variances. The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with the laws of the Local Jurisdiction. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the Reviewer from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. 4.6. Limitation of Liability. The standards and procedures established by this Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Properties; they do not create any duty to any Person. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring that all dwelling are of comparable quality, value, or size or of similar design. Declarant, the Association, the Board, any committee, or member of any of the foregoing shall not be held liable for soil conditions, drainage or other general site work, any defects in plans revised or approved hereunder, or any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all matters, Declarant, the Board, the PIC, and any members thereof shall be defended and indemnified by the Association as provided in Section 7.6. 4.7. Certificate of Approval. Any Owner may request that the Reviewer issue a certificate of approval certifying that there are no known violations on his or her Unit of this Article or the Residential Design Guidelines. The Association shall either grant or deny such request within 30 days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificates. Issuance of such a certificate shall estop the Association from taking enforcement action with respect to any condition as to which the Association had notice as of the date of such certificate. Article V Maintenance and Repair 5.1. Maintenance of Areas of Common Res onsibili . The Association shall maintain the Areas of Common Responsibility as described in Section 7.2. 5.2. Maintenance of Units. Each Owner shall maintain his or her Unit, and all landscaping and improvements comprising the Unit, and all landscaping improvements comprising the Unit, in a manner consistent with the Governing Documents, the Community -Wide Standard, and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the page 13 Association pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Unit. If not installed fully by the Builder, an owner of a Unit shall install all landscaping, surrounding all sides of the residential dwelling contained on the Unit, within six months after the initial transfer of a completed residential dwelling to an Owner other than a Builder. Each Owner shall also be responsible for maintaining and irrigating the landscaping within that portion of any adjacent Common Area or public right-of-way lying between the Unit boundary and any wall, fence, curb, or waters edge located on the Common Area or public right-of-way adjacent to the Unit boundary, unless such area is made a part of the Areas of Common Responsibility maintained by the Association; provided, there shall be no right to remove trees, shrubs or similar vegetation from this area without prior approval pursuant to Article IV. Each Owner shall perform at the Owner's expense the maintenance and upkeep of fencing, Street Trees (if located on a Unit), drainage swales and/or underground drain lines and catch basins installed on their Unit, unless such components of the Units are made a part of the Areas of Common Responsibility maintained by the Association. 5.3. Responsibility for Repair and Replacement. Unless otherwise specifically provided in the Governing Documents or in other instruments creating and assigning maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary to maintain the property to a level consistent with the Community -Wide Standard. Repair and replacement may include improvement if necessary to comply with applicable building codes or other regulations or if otherwise deemed appropriate, in the Board's reasonable discretion. By virtue of taking title to a Unit, each Owner covenants and agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Unit, less a reasonable deductible. If the Association assumes responsibility for obtaining any insurance coverage on behalf of Owners, the premiums for such insurance shall be levied as a Specific Assessment against the benefited Unit and the Owner. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising such Owner's Unit, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article IV. Alternatively, the Owner shall clear the Unit and maintain it in a neat and attractive condition consistent with the Community -Wide Standard. The Owner shall pay any costs which are not covered by insurance proceeds. 5.4 Remedies for Failure to Maintain. If any Unit Owner shall fail to conduct maintenance on the Owner's Unit as required by this Article to maintain the Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Units, the Association shall notify the Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to enter upon the Unit and provide such maintenance, and to levy an assessment against the non -performing Owner and Unit for the cost of providing the maintenance. The assessment shall constitute a lien against the Unit owned by the non -performing Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in the Declaration. In the event that emergency repairs are needed to correct a condition on a Unit which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the non -performing Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the non -performing Owner, may be collected by the page 14 Association in the manner provided for herein notwithstanding the failure of the Association to give the non- performing Owner the thirty (30) day notice. PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION The success of the community is dependent upon the support and participation of every residential owner in its governance and administration. The Declaration establishes the Association as the mechanism by which each Owner is able to provide that support and participation. While many powers and responsibilities are vested in the Association's Board of Directors, some decisions are reserved for the Association's membership — the Owners of property in the community. Article VI The Association and its Members 6.1. Function of Association. The Association is the entity responsible for management, maintenance, operation, and control of the Areas of Common Responsibility. The Association also is the primary entity responsible for enforcement of the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents, the Permits and applicable Local Jurisdiction's Ordinances, and Washington law. 6.2. Membership. Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, all co -Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6.3(c) and in the Bylaws, and all such co -Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised by any officer, director, member, partner, or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 6.3. Voting. The Association shall have two classes of membership, Class "A" and Class "B." (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one equal vote for each Unit in which they hold the interest required for membership under Section 6.2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 8.9. (b) Class "B". The Class "B" Member shall be the Declarant, or if Declarant's rights are assigned, Declarant's assignee. The Class "B" Members may appoint a majority of the members of the Board of Directors during the Class "B" Control Period, as specified in the Bylaws. Additional rights of the Class "B" Member are specified in the relevant sections of the Governing Documents. The Class "B" membership shall terminate upon the earlier of (i) five years after expiration of the Class "B" Control Period; or (ii) when, in its discretion, Declarant so determines and declares in a Recorded instrument. Upon termination of the Class "B" membership, Declarant shall be a Class "A" Member entitled to Class "A" votes for each.Unit which it owns. (c) Exercise of Voting Rights. Members may exercise voting rights as set forth in the Bylaws. If there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the co -Owners determine among themselves and advise the Secretary of the Association in writing prior page 15 to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person seeks to exercise it. 6.4. Notice. Any notice provided for in this Declaration shall be served personally or shall be mailed by surface mail, as follows, unless the Board adopts a rule allowing electronic service of notices: (a) if to the Association, to the president or secretary of the Association at the principal office of the Association, or at such other address of which it has given notice in accordance with this Section, or to the registered agent of the Association, as such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof); (b) if to a Property Owner, to such Owner at the address of such Owner's Unit or such other address as the Owner has registered with the Association, or such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof). All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by first class mail, postage prepaid, and properly addressed. The Board of the Association may designate additional methods of giving notice by promulgation of rules describing the alternative methods of providing notice, including the adoption of providing notice electronically, without using surface mail, or by private parcel delivery service companies. Article VII Association Powers and Responsibilities 7.1. Acceptance and Control of Association Property. The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant and Declarant's designees may convey to the Association personal property and fee title, leasehold or other property interests in any real property. The Association shall accept and maintain such property at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Association and any obligations or conditions appurtenant to such property. Upon a Declarant's written request, the Association shall reconvey to Declarant any unimproved portions of the Properties originally conveyed by a Declarant to the Association for no consideration, to the extent conveyed by a Declarant in error or needed by a Declarant to make minor adjustments in property lines. 7.2. Maintenance of Areas of Common Responsibility. The Association shall maintain, commencing with the recordation of the Plat or this Declaration, whichever occurs first, and in accordance with the Community -Wide Standard and the Permits, the Areas of Common Responsibility, which shall include, to the extent such features are present in the Plat and are not maintained by the Local Jurisdiction, but need not be limited to: (a) the Common Area and the Community Area, which includes the entry features, landscaping, roads, sidewalks and private parks within the Properties, alleys serving all or any of the Units, private trails, recreational amenities and the community center, parking restrictions and signage, open spaces, wetlands, natural preserve areas and conservation areas, sensitive areas, and buffers, page 16 except to the extent that such improvements are dedicated to the Local Jurisdiction and such dedication is accepted, then upon acceptance such improvements shall cease to be Common Areas; (b) supplemental landscaping, maintenance, and repairs to property dedicated or conveyed to the Local Jurisdiction or other public entities (to the extent permitted by and consistent with any conditions imposed by such entities) and which may include public rights -of -way within or abutting the Properties, public parks and play areas, public trails, drainage areas, and storm water facilities; (c) irrigation facilities, storm water facilities, streets, sidewalks, street lighting, park and pool/ride lots, and transit shelters that are not maintained by the Local Jurisdiction; (d) planter strips, medians, Street Trees and central planting areas within cul-de- sacs; (e) mailbox and mailbox shelters (which may not be moved or physically altered without approval of the PIC, the U.S. Postal Service and the Local Jurisdiction); (f) such portions of any additional property included within the Areas of Common Responsibility as may be dictated by this Declaration, described on the Plat, or described in an Exhibit containing Additional Areas of Common Responsibility is attached to this Declaration, or contained in any contract or agreement for maintenance thereof entered into by the Declarant or the Association, including landscaping and other flora, viewsheds, parks, utility areas or improvements, structures, streets, alleyways, bike/pedestrian pathways and trails, and other improvements; (g) any ponds, streams and/or wetlands located within the Properties which serve as part of the storm water drainage system for the Properties, including improvements and equipment installed therein or used in connection therewith; and (h) any property and facilities owned by Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members, such property and facilities to be identified by written notice from Declarant to the Association and to remain a part of the Areas of Common Responsibility and be maintained by the Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Association. The Association may maintain other property which it does not own, including, without limitation, Units, property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community -Wide Standard. The Association shall not be liable for any damage or injury occurring on, or arising out of the condition of, property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities. The Association shall maintain the drainage facilities and equipment within the Areas of Common Responsibility in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform required maintenance or repairs, unless Members representing 67% of the Class "A" votes in the Association and the Class "B" Members, if any, agree in writing to discontinue such operation. Except as provided above, the Areas of Common Responsibility shall not be reduced by amendment of this Declaration or any other means except with Declarant's prior written approval as long as Declarant owns any property described in Exhibit "A" of this Declaration. page 17 The costs associated with maintenance, repair, monitoring, and replacement of the Areas of Common Responsibility shall be a Common Expense; provided, the Association may seek reimbursement from the Owner of, or other Persons responsible for, certain portions of the Areas of Common Responsibility pursuant to this Declaration, other Recorded covenants, or agreements with the Owner thereof. The Association's responsibility to maintain the Areas of Common Responsibility shall exist whether the control of the Association is held by the Declarant or the members of the Association. The Association is authorized to expend funds its collects, whether collected from the Owners or the Declarant, to carry out its duties described in this Article, whether the control of the Association is held by the Declarant or the members of the Association. 7.3. Insurance. (a) Reciulred Coverages. After the conclusion of the Class B Control Period, or sooner if elected by the Declarant, the Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available: (i) Blanket property insurance covering the full replacement cost all insurable improvements under current building ordinances and codes on the Common Area and within the Areas of Common Responsibility to the extent that Association has assumed responsibility in the event of a casualty, regardless of ownership; (ii) Commercial general liability insurance on the Areas of Common Responsibility, insuring the Association and its Members with limits of (if generally available at reasonable cost, including primary and any umbrella coverage) at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury, and property damage, or such additional coverage and higher limits which a reasonably prudent person would obtain; (iii) Workers compensation insurance and employers liability insurance, if and to the extent required by law; (iv) Directors and officers liability coverage; (v) Commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Association funds in an amount determined in the Board's best business judgment but not less than an amount equal to one -sixth of the annual Base Assessments on all Units plus reserves on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation; and determines advisable. NO Such additional insurance as the Board, in its best business judgment, Premiums for all insurance on the Areas of Common Responsibility shall be Common Expenses, unless the Board reasonably determines that other treatment of the premiums is more appropriate. page 18 (b) Policy Requirements. The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in Western Washington. All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Member insured. The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 7.3(a). In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Units as a Specific Assessment. All insurance coverage obtained by the Board shall: (i) be written with a company authorized to do business in Washington which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate; (ii) be written in the name of the Association as trustee for the benefited parties. Policies on the Common Areas shall be for the benefit of the Association and its Members. Policies secured on behalf of a Neighborhood shall be for the benefit of the Owners within the Neighborhood and their Mortgagees, as their interests may appear; (iii) not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees individually; (iv) contain an inflation guard endorsement; (v) include an agreed amount endorsement, if the policy contains a co- insurance clause; (vi) provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Area as a Member in the Association (provided, this provision shall not be construed as giving an Owner any interest in the Common Area other than that of a Member); (vii) provide a waiver of subrogation under the policy against any Owner or household member of an Owner; (viii) include an endorsement precluding cancellation, invalidation, suspension, or non -renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; and page 19 (ix) include an endorsement precluding cancellation, invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners, unless such Owner is acting within the scope of its authority on behalf of the Association. In addition, the Board shall use reasonable efforts to secure insurance policies which provide: (i) a waiver of subrogation as to any claims against the Association's Board, officers, employees, and its manager, the Owners and their tenants, servants, agents, and guests; ,(ii) a waiver of the insurer's rights to repair and reconstruct instead of paying cash; (iii) an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation, substantial modification, or non -renewal; and (iv) a cross liability provision. (c) Restoring Damaged Imcrovements. In the event of damage to or destruction of Common Area or other property which the Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes. Damaged improvements on the Common Area shall be repaired or reconstructed in a timely manner unless Members representing at least 75% of the total Class "A" votes in the Association, and the Class "B" Members, if any, decide not to repair or reconstruct. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. If a decision is made not to restore the damaged improvements, and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community -Wide Standard. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the Association for the benefit of its Members or the Persons entitled to use the damaged or destroyed property, as appropriate, and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit. If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without a vote of the Members, levy Special Assessments to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 7.3(a). 7.4. Compliance and Enforcement. Every Owner and occupant of a Unit shall comply with the Governing Documents. The Board may promulgate rules, and impose sanctions for violation of the Governing Documents after notice and a hearing in accordance with the procedures set forth in the Bylaws or rules adopted by the Board. Sanctions for violation may include, without limitation: page 20 (a) imposing reasonable monetary fines which shall constitute a lien upon the violator's Unit. (In the event that any occupant, guest or invitee of a Unit violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator; provided, if the fine is not paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board); (b) suspending an Owner's right to vote; (c) suspending any Person's right to use any recreational facilities within the Common Area; provided, nothing herein shall authorize the Board to limit ingress or egress to or from a Unit; (d) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the Association; (e) exercising self-help or taking action to abate any violation of the Governing Documents in a non -emergency situation; (f) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Unit in violation of Article IV and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (g) without liability to any Person, precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article IV and the Residential Design Guidelines from continuing or performing any further activities in the Properties; and (h) levying Specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. In addition, the Board may take the following enforcement procedures to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the Bylaws: (a) exercising self-help in any emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of parking Rules and Regulations); and (b) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the Association may Record a notice of violation and/or perform such maintenance responsibilities in the manner described in Section 5.4, and assess all costs incurred by the Association against the Unit and the Owner as a Specific Assessment. All remedies set forth in the page 21 Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorney's fees and court costs, reasonably incurred in such action. The Association shall not be obligated to take any action if the Board reasonably determines that the Association's position is not strong enough to justify taking such action that the covenant, Use Restriction, or Rule and Regulation being enforced is, or is likely to be construed as, inconsistent with applicable law; or that it is not in the Association's interest, based upon hardship, expenses, or other reasonable criteria to pursue enforcement action. Such a decision shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or estop the Association from enforcing any other covenant, Use Restriction, or Rule and Regulation. The Association, by contract or other agreement, may enforce applicable Local Jurisdiction ordinances, if applicable, and permit the Local Jurisdiction to enforce ordinances within the Properties for the benefit of the Association and its Members. While conducting the Association's business affairs, the Board shall act within the scope of the Governing Documents and in good faith to further the legitimate interests of the Association and its Members. In fulfilling its governance responsibilities, the Board's actions shall be governed and tested by the rule of reasonableness. The Board shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures established in the Governing Documents. 7.5. Implied Rights;_Board Authority. The Association may exercise any right or privilege given to it expressly by the Governing Documents, or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. The Board may institute, defend, settle, or intervene on behalf of the Association in mediation, binding or non -binding arbitration, litigation, or administrative proceedings in matters pertaining to the Area of Common Responsibility, enforcement of the Governing Documents, or any other civil claim or action. However, the Governing Documents shall not be construed as creating any independent legal duty to institute litigation on behalf of or in the name of the Association or its members. In exercising the rights and powers of the Association, making decisions on behalf of the Association, and conducting the Association's affairs, Board members shall be subject to, and their actions shall be judged in accordance with, the standards set forth in the Bylaws. 7.6. Indemnification of Officers Directors, and Others. To the fullest extent permitted by Washington law, the Association shall indemnify every officer, director, volunteer and committee member of the Association against all damages and expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member. The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director, and committee member harmless from any and all liability to others on account of any such contract, commitment, or action. This right to indemnification shall not page 22 be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. 7.7. Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within the Properties, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. No representation or warranty is made that any systems or measures, including any mechanism or system for limiting access to the Properties, cannot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and covenants to inform its tenants and all occupants of its Unit that the Association, its Board and committees, and Declarant are not insurers and that each Person using the Properties assumes all risks of personal injury and loss or damage to property, including Units and the contents of Units, resulting from acts of third parties. 7.8. Effect of Dissolution of Association. In the event that the Association is dissolved and is no longer licensed as a non-profit corporation, the rights and duties of the Association (including, but not limited to, all ownership interest in the Common Areas) shall vest in the Owners, as an unincorporated association. Any Owner or any Mortgagee may reinstate the Association's corporate status, or create a successor entity as a successor to the Association, at any time by filing with the State of Washington such documents as required by law to reinstate the Association or create its successor; and upon such reinstatement, the Owners' rights and duties, as described in this Declaration, shall re -vest in the reinstated or successor Association, and all owners shall be members thereof with all rights to vote provided by law and the organizational documents of the entity. To the greatest extent possible, any successor entity shall be governed by the Articles and Bylaws of the Association as if they had been made to constitute the governing documents of the successor entity. 7.9. Provision of Services. The Association may provide or provide for services and facilities for the Members, their guests, lessees, and invitees, and shall be authorized to enter into and terminate contracts or agreements with other entities, including Declarant, to provide such services and facilities. The Board may charge use and consumption fees for such services and facilities. By way of example, some services and facilities which might be offered include landscape maintenance, pest control service, cable television service, internet service, security, caretaker, transportation, fire protection, utilities, and similar services and facilities. Nothing herein shall be construed as a representation by Declarant or the Association as to what, if any, services shall be provided. In addition, the Board shall be permitted to modify or cancel existing services provided, in its discretion, unless otherwise required by the Governing Documents. No Owner shall be exempt from the obligation to pay for such services, if provided to all Owners as a Common Expense, based upon non-use or any other reason. 7.10. Relations with Other Properties. The Association may enter into contractual agreements or covenants to share costs with other associations, properties or facilities for maintaining and/or operating shared or mutually beneficial properties or facilities. page 23 7.11. Facilities and Services Open to the Public. Certain facilities and areas within the Properties may be open for use and enjoyment of the public. Such facilities and areas may include, by way of example: greenbelts, trails and paths, parks, and other neighborhood spots conducive to gathering and interaction, roads, sidewalks, and medians. Declarant may designate such facilities and areas as open to the public at the time Declarant makes such facilities and areas a part of the Areas of Common Responsibility or the Board may so designate at any time thereafter. Portions of the Common Area and/or Community Area which are not intended to be open to the public may be posted as private property. 7.12. Permit Matters. The Properties may be subject to a variety of permit restrictions and obligations which are contained in the Permits and other Local Jurisdiction Ordinances and are binding upon the Properties and run with the land. The Association and each Owner shall comply with the restrictions and requirements of the Permits, as applicable. During initial development of the Properties, Declarant shall implement, maintain, and enforce the programs and requirements of the Permits. Declarant shall have the right, but not the obligation, to delegate or assign certain responsibilities to the Association or any committee, and the Association or such committee shall have the obligation to accept and fulfill such delegation or assignment of such obligations. The cost of such activities shall be a Common Expense, if the activity is associated with the Community Area and for the general benefit of all of the community. In the performance of its responsibilities, the Association shall follow the standards and requirements of the Permits and the Local Jurisdiction's Ordinances. The Association shall comply with the design guidelines and maintenance standards referenced in the Permits, particularly in the use and preservation of native vegetation and landscaping, in the performance of its responsibilities under this Declaration. 7.13. Relationship with Tax -Exempt Organizations. Declarant or the Association may create, enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over portions of the Common Area to non-profit, tax-exempt organizations, the operation of which confers some benefit upon the Properties, the Association, the Members, or residents. While such organizations may perform a variety of services and functions, it is anticipated that such activities will focus on environmental and conservation programs benefiting the community as a whole. If established by Declarant or the Association, the Association shall be responsible to fund the minimum organization expenses of maintaining such entity and may contribute money, real or personal property, or services to such entity. Such expenses and any such contributions shall be a Common Expense. For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code ("Code"), such as, but not limited to, entities which are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended from time to time. Article Vlll Association Finances 8.1. Budgeting and Allocating Common Expenses. At least 60 days before the beginning of each fiscal year, if there is any change in the sums that the Board anticipates will be collected or expended by the Association in the coming fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund pursuant to Section 8.2. The budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Units, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Units, as authorized in Section 8.6. page 24 The Association is hereby authorized to levy Base Assessments equally against all Units subject to assessment under Section 8.5 to fund the Common Expenses. In determining the Base Assessment rate per Unit, the Board may consider any assessment income expected to be generated from any additional Units reasonably anticipated to become subject to assessment during the fiscal year. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 8.6(b)), which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. Within 30 days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the final budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than 14 nor more than 60 days from the mailing of such materials, or within such other time period that may be mandated by law for non-profit homeowner associations, such as RCW 64.38.035. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing more than 50% of the total Class "A" votes in the Association and by the Class "B" Member, if such exists. Such ratification shall be effective whether or not a quorum is present. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. 8.2. - Budgeting for _Reserves. The Board shall prepare and periodically review a reserve budget for the Areas of Common Responsibility for which the Association maintains capital items as a Common Expense. The budgets shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall include in the Common Expense budget adopted pursuant to Section 8.1 a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing by annual contributions over the budget period. 8.3. Special Assessments. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Any such Special Assessment may be levied as a Common Expense against the entire membership, if such Special Assessment is for Common Expenses, or against the Owners benefited by the Special Assessment, if the Special Assessment is made for the limited benefit of less than all of the Members. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Members (if a Common Expense) representing more than 50% of the total votes allocated to Units which will be subject to such Special Assessment, and the affirmative vote or written consent of the Class "B" Members, if such exist. Special Assessments shall page 25 be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.4. Specific Assessments. The Association shall have the power to levy Specific Assessments against a particular Unit as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Units upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Unit into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors, employees, licensees, invitees, or guests; provided, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 8.5. Authority To Assess Owners; Time of Payment. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in the Governing Documents. The obligation to pay assessments shall commence as to each Unit on the date each Unit is conveyed to an Owner by Declarant; provided, however, that if such Owner is a Builder, the obligation to pay assessments shall commence six months after the Unit is first conveyed to the Builder. The first annual Base Assessment levied on each Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Unit and impose special requirements for Owners with a history of delinquent payment. If the Board elects, assessments may be paid in two or more installments. Unless the Board otherwise provides, the Base Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his Unit, the Board may require the outstanding balance on all assessments to be paid in full immediately. 8.6. Obligation for Assessments. (a) Personal Obligation. Each Owner, by accepting a deed or entering into a Recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay all assessments authorized in the Governing Documents. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such other rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs, and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as during the last year for which an assessment was made, if any, until a new page 26 assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set- off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. (b) Exemption From Assessment. During the Class "B" control period, there shall be no assessment of any kind for Units or any other property owned by Declarant or those persons holding any Declarant rights, without the consent of the Declarant or the holder of such Declarant's rights. (c) Declarant's Option To Fund Budget Deficits. During the Class "B" Control Period, Declarant may satisfy its obligation for assessments, if any, on Units which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Units subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least 60 days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Class "B" Control Period, Declarant shall pay assessments on its unsold Units in the same manner as any other Owner. 8.7. Lien for Assessments. The Association shall have a lien against each Unit to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law), and costs of collection (including attorney's fees and costs, whether or not a lawsuit shall be involved). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any Mortgage Recorded before the Recordation of the lien (meaning any Recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or non -judicial foreclosure. The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. page 27 Sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of the Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Unit shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment under Section 8.5, including such acquirer, its successors and assigns. 8.8 Suspension of Voting Ri_qhts. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of this Declaration, the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, for a period of thirty (30) days, the Member's right to vote may be suspended by the Board, and if suspended shall remain suspended until all payments, together with interest, late fees, and attorneys' fees and costs, if any, are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws, the Declaration, or Washington state law. 8.9. Exempt Property. All Areas of Common Responsibility, portions of the Property owned by Declarant, and any property dedicated or conveyed to and accepted by any governmental authority or public utility shall be exempt from payment of Base Assessments and Special Assessments. In addition, Declarant and/or the Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for tax exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed in Section 501(c). 8.10. Reimbursement of Declarant for Common Area Development and Capitalization of Association. Upon acquisition of record title to a Unit by the first Owner thereof other than Declarant or a Builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount to be determined by Declarant or in the absence of the election of the Declarant to determine the contribution, by the Board if it elects to do so. Upon acquisition of record title to a Unit by the first Owner thereof, the Declarant, if it elects to do so, shall also be entitled to collect from the purchaser of the Unit a sum, to be determined by the Declarant, as a reimbursement made to the Declarant for the expenditures made by the Declarant to improve the Areas of Common Responsibility and organize the Association, on behalf of the Members. These amounts shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. These amounts shall be deposited into the purchase and sales escrow and disbursed therefrom to the Declarant for reimbursement, or to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws, as appropriate based upon the contributions required. 8.11 Reimbursements From Local Jurisdictions — Assignment to Declarant. In the event that the Association succeeds to the interest of the Declarant in any bond, late comers' reimbursement, impact fee refund or similar right to receive a refund of funds paid by the Declarant pursuant to a requirement imposed by a Local Jurisdiction as a result of the Association's acquisition of Areas of Common Responsibility ("Refund"), the Association irrevocably assigns any such Refund to Declarant or to the holder of Declarant's rights, if such rights were completely assigned by Declarant. Upon receipt of notice that the Association is entitled to a Refund, the Association shall provide written notice of the Refund to the Declarant, the Declarant's assignee or, if the address cannot be determined from page 28 the public record, to The Quadrant Corporation or its successor in interest as identified in the records of the Secretary of State of the State of Washington. The Association shall assign to Declarant or Declarant's successor all Refunds to which the Association may become entitled, regardless of the time that may have passed since recordation of the Plat and the Association. PART FOUR: COMMUNITY DEVELOPMENT The Declaration reserves various rights to the developer to facilitate the smooth and orderly development of the community and to accommodate changes which occur as a community matures. Article IX Expansion of the Community 9.1. Expansion by Declarant. Declarant may from time to time subject to the provisions of this Declaration all or any portion of property owned by the Declarant or the Declarant's successors in interest as designated by the Declarant, including portions which are not contiguous to other portions of the Properties, by Recording a Supplemental Declaration describing the additional property to be subjected. A Supplemental Declaration Recorded pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarant. Declarant's right to expand the Properties pursuant to this Section shall expire 20 years after this Declaration is Recorded. Until then, Declarant may transfer or assign this right to any Person. Any such transfer shall be memorialized in a written, Recorded instrument executed by Declarant. Nothing in this Declaration shall be construed to require Declarant or any successor to subject additional property to this Declaration or to develop all of the property described in Exhibit "A" in any manner whatsoever. 9.2. Expansion by the Association. The Association may also subject additional property to the provisions of this Declaration by Recording a Supplemental Declaration describing the additional property. A Supplemental Declaration shall require the affirmative vote of Members representing more than 50% of the Class "A" votes of the Association and the consent of the owner of the property. In addition, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, Declarant's consent shall be necessary. The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the property and by Declarant, if Declarant's consent is necessary. 9.3. Additional Covenants and Easements. Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obligating the Association to maintain and insure such property and authorizing the Association to recover its costs through Assessments. Such additional covenants and easements may be set forth either in a Supplemental Declaration subjecting such property to this Declaration or in a separate Supplemental Declaration referencing property previously subjected to this Declaration. If the property is owned by someone other than Declarant, then the consent of the Owner shall be necessary and shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use of such property. 9.4. Effect of Recordin Su lemental Declaration. A Supplemental Declaration shall be effective upon Recording unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration. page 29 Article X Additional Rights Reserved to Declarant 10.1. Withdrawal of Property. Declarant reserves the right to amend this Declaration, so long as Declarant has a right to annex additional property pursuant to Section 9.1, for the purpose of removing any portion of the Properties which has not yet been improved with structures frorn the coverage of this Declaration. Such amendment shall not require the consent of any Person other than the Owner of the property to be withdrawn, if not a Declarant; such amendment shall be subject to any required approval by the Local Jurisdiction. If the property is Common Area, the Association shall consent to such withdrawal. 10.2. Governmental Interests. Declarant may designate sites it owns within the Properties for fire, police, water, and sewer facilities, public schools and parks, and other public facilities. Sites may be designated for use of water infiltration under the Permit. Neither the Association, the PIC, nor the Owners may object to the use of such sites for the designated public purposes. 10.3. Marketing and Sales Activities. Declarant and Builders authorized by Declarant may construct and maintain upon portions of the Common Area such facilities and activities as, in Declarant's sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model units, and sales offices. Declarant and authorized Builders shall have easements for access to and use of such facilities and shall not be subject to fees or rental charges. 10.4. Right To Develop. Declarant and Declarant's employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area as Declarant deems appropriate in its sole discretion, so long as such improvements are not inconsistent with the permitted uses and purposes of the Common Areas as defined in the Permit. Every Person that acquires any interest in the Properties agrees not to protest, challenge, or otherwise object to the development of any real property by Declarant which lies adjacent to the Properties, and which could be subjected to the terms of this Declaration by Declarant. 10.5. Right To Approve Additional Covenants. No Person shall Record any declaration of covenants, conditions, and restrictions or similar instrument affecting any portion of the Properties without Declarant's review and written consent. Any attempted Recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed and Recorded by Declarant. 10.6. Ri ht To Approve Changes in the Standards Within the Community. No amendment to or modification of any Use Restrictions or Residential Design Guidelines shall be effective without prior notice to and the written approval of Declarant so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1. 10.7. Right To Transfer or Assign Declarant Rights. Any or all of Declarant's special rights and obligations set forth in this Declaration or the Bylaws may be transferred in whole or in part to other Persons; provided, the transfer shall not reduce an obligation nor enlarge a right beyond that which Declarant has under this Declaration or the Bylaws. No such transfer or assignment shall be effective unless it is in a written instrument signed and Recorded by Declarant. The foregoing sentence shall not preclude Declarant from permitting other Persons to exercise, on a one time or limited basis, any right page 30 reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in such case it shall not be necessary to Record any written assignment unless necessary to evidence Declarant-s consent to such exercise. 10.8. Easement To Ins ect and Right To Correct. (a) Declarant reserves for Declarant and such other Persons as Declarant may designate perpetual non-exclusive easements throughout the Properties to the extent reasonably necessary for the purposes of access, inspecting, testing, redesigning, or correcting any portion of the Properties, including Units and the Areas of Common Responsibility. Declarant shall have the right to redesign or correct any part of the Areas of Common Responsibility, and the designees of Declarant shall have the right to redesign or correct any Unit for which they were the Builder. (b) Entry onto a Unit shall be after reasonable notice, except in an emergency. Entry into a structure on a Unit shall be only after Declarant notifies the Unit's Owner and agrees with the Owner regarding a reasonable time to enter the structures on such Unit to perform such activities. (c) Any damage to a Unit or the Areas of Common Responsibility resulting from the exercise of the easement or right of entry described in subsections (a) and (b) of this Section shall Promptly be repaired by, and at the expense of, the Person exercising the easement right. The exercise of these easements shall not unreasonably interfere with the use of any Unit and entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. 10.9. Ri ht to Notice of Desi nor Construction Claims. No Person shall retain an expert for the purpose of inspecting the design or construction of any structures or improvements within the community in connection with or in anticipation of any potential or pending claim, demand, or litigation involving such design or construction unless Declarant and any builder involved in the design or construction have been first notified in writing and given an opportunity to meet with the Owner of the property to discuss the Owner's concerns and conduct their own inspection. 10.10. Termination of Riohts. The rights contained in this Article shall not terminate until the earlier of (a) 30 years from the date this Declaration is Recorded, or (b) Recording by Declarant of a written statement that all sales activity has ceased. PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY The nature of living in a planned community, with its wide array of properties and development types and its ongoing development activity, requires the creation of s ecial PrOPerty hs and provisions to address the needs and responsibilities of the Owners, Declarant, gbtn, and Others within or adjacent to the community. the Associa Article XI Easements 11.1. Easements in Common Area. Declarant grants to each Owner a nonexclusive right and easement of use, access, and enjoyment in and to the Common Area, subject to: page 31 (a) The Governing Documents and any other applicable covenants; (b) Any restrictions or limitations contained in any deed conveying such property to the Association; (c) The Board's right to: 0) adopt Rules and Regulations governing the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; (ii) suspend the right of an owner to use recreational facilities within the ch Common Area (A) for any period duringwhich 30 daas for a sny g glegainst violafionuar foraa longer elr�vd inins delinquent, and (B) for a period not to exceedDa uments after notice and a hearing pursuant to the case of any continuing violation, of the Governing Bylaws; (iii) dedicate or transfer all or any part of the Common Area, subject to such approval requirements as may be set forth in this Declaration; (iv) impose membership requirements and charge admission or other use fees for the use of any recreational facility het6va d's discretion, differentiate between Member membershipd upon the common Area (such requirements, admission or use fees may, +n of the Association and other persons entitled to use such facilities); (v) permit use of any recreational facilities situated on the Common Area by persons other than owners, their famanther areas and facgit east within the Areas of Common payment of use fees established by the Board and designate Responsibility as open for the use and enjoyment of the public; (vi) mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred subject to the approval requirements contained in this Declaration; and (d) The rights of certain dwners to the exclusive use of those portions of the Common Area designated Exclusive Common Areas," as described in Article XI1. embers his or her Any Owner may extend his or her ight # use and enjoyment reasonable regulation by thef Boards An family, lessees, and social invitees, as applicable, subject toea Owner who leases his or her Unit shall be deemed to have assigned all such rights to the lessee o such Unit for the period of the lease. 11.2. Easements of Encroachment. of Declarant n laperm+gttedtencrareciprocal hmen , between each knit and encroachment, and for maintenance and use Y any adjacent Common Area and between adj adjacent nits du or altered thereone to the tn(inpacco dancerwith settling he or shifting of the improvements constructed,ny terms of these restrictions) to a distance of not arr to such ore than tboundary. hree feet, asi� weverdinronaaeventl shallan common boundary, along a line peril page 32 easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement. 11.3. Easements for Utilities Etc. (a) Installation and Maintenance. Declarant reserves for Declarant, so long as Declarant owns any property described in Exhibit "A" of this Declaration or additional property subjected to the Declaration, on behalf of Declarant, Declarant's nominees, successors, and assigns, perpetual non-exclusive easements throughout the Properties (but not through a structure) to the extent reasonably necessary for the purpose of: V) installing utilities and infrastructure to serve the Properties, walkways, Pathways and trails, drainage systems, street lights and signage on property which Declarant owns or within public rights -of -way or easements reserved for such purpose on Recorded plats; (ii infrastructure, and other im)provementstdescribed n Section 11.3 anii) and an Street replacing the utilities, ( ){ ), y et Trees; (iii) access to read utility meters; and (iv) access to from the public rights -of -way to any wetland, body of water, or water monitoring site to perform water Monitoring and testing. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Unit, and any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the Person exercising the easement. Exercise of this easement shall not unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant_ No utilities may be installed or relocated on the Properties without approval of the Board or as provided by Declarant. (b) S ecific Easements. Declarant also reserves the non-exclusive right and power to grant and Record such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described in Exhibits "A," or such additional property subjected to the terms of the Declaration The location of the easement shall be subject to the written approval of the Owner of the burdened property, which approval shall not unreasonably be withheld, delayed or conditioned. 1 's Easements To Serve Additional Pro e . Declarant hereby reserves for Declarant and Declarant's duly authorized agents, successors, assigns, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of any additional property subjected to the terms of the Declaration, whether or not such property is made subject to this Declaration- This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant agrees that Declarant and ❑eclarant's successors or assigns shall be responsible for any damage caused to the Common Area as a result of their actions in connection with development of such property. page 33 cised for permanent access to Such Declarant further agrees that if thesuch easement is not made subject to property and such property or any portion thereof benefiting from which an this Declaration, or any other declaration fG°Declarantconditions, or Declarants succre sons ❑r+ assigns shall owners' association is created ❑r prov+ddfor, are st any enter into a reasonable agreement with the Association ino accessthe to suchfproperty. ntThe allocation of which the Association provides to or along any roadway providing casts in any such agreement shall be based on the h u� suber of residential ject this Declaration as a proportion on of the tot i ngs or commercial units on the property served by the easement and n 1 number of residential dwellings within the Properties and on such benefited property. s to he 11.5. Easements for Maintenance Ea a cessary d o Enforcement. the Association g to tfulfill t is Association easements over the Properties have the maintenance responsibilities under Section 7.2. .• sec Any ends safetyareasons, to perform maintenance obligation, to enter upon any Unit foremergency, cam Dance with and enforce the Governing Documents and to inspect for the purpose of ensuring p any member of the Board and its duly authorized agents and Such right may be exercised by assignees, and all emergency pn r reasonable hours and after nthe performance otice certo the Dwner. Except +n an emergency situation, entry shall only be during 11.6. Technolo Utili Easements. Declarant reserves, so long as Declarant property described on Exhibit "A" of this Declaration, and additional property subjected to this Declaration by Declarant, perpetual, non-exclusive easements adjacent to the public rights -of -way throughout the Properties, on behalf of Declarant, ltainirngand repairingrepairing and replacing te[ephone,arant's nominees, ocable t evisrs and g'ion, for the purpose of installing, operating, aw data telecommunications, security, andotSer s rve the Prvpertefor snand each g and +itUnit, sne uch easements shall be signals ("Technology Utilities, ), to exclusive to Declarant until granted or conveyed to a third party, which rmore be exclusive, rly described perpetual the and irrevocable, a which point yangsuchseasements entsinterests or interestsay be or on the recorded plats: instrument granting or conveying Declarant also reserves for Declarantof any n a# theve tem�ht and powr addressed ers tthisn5ect on and to ter into tgrant s for the construction, installation, and provision Y and record in the public records such specific easements as may be necessary, cedeSGrEhedh❑nsExhibit rA'�oo�d Declarant, in connection with the orderly development of any .propertysuch contract, agreement, or additional property subjected to this Declarant by Declarant. Any r use of such system, easement may, in Declarant's sole discretion, gel nt the exn 1 usiv including the portions of the systems the Units, t tdwellingso access � and other structures constructed on Units and common Areas within the Properties. Any such contract, agreement, or easement entered into by Declarant may require that the offered to ll Units within on the Board enter into a bulk rate service agreement for the provision of services of the Association and shall he Properties. In such case, the cast shallbaCommon e service ides additional services or benefits to assessed as a part of the Base Assessment.such additional servicesvorr benefits shall be paid directly y the certain Owners or Units at their request, riate and specified in the Owner to the service provider, or become a Specific Assessment, as apPro P agreement between the Association and the service provider. page 34 Article X11 Exclusive Common Areas 12.1. Pu—�- Certain portions of the Common Area may be designated as. Exclusive Common Area and reserved for the exclusive use or primary benefit of specific Owners and occupants. By way of illustration and not limitation, o Exclusive Commn Areas may include entry features, private , landscaped medians and cul-de-sacs, lakes, and other portions of the driveways, recreational facilities Common Area. All costs associated with maintenance, repair, replacement, and insurance of an Exclusive Common Area shall be a Common Expense allocated among the Owners to which the Exclusive Common Areas are assigned. 12.2. �esicanation. Initially, any Exclusive Common Area shall be designated as such in the deed conveying such area to the Association, in this Declaration, or on the subdivision plat relating to such Common Area; provided, any such assignment shall not preclude Declarant from later assigning use of the same Exclusive Common Area to additional Units, so long as Declarant has a right to subject additional property to this Declaration pursuant to Section 9A. Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area and Exclusive Common Area may be reassigned upon approval of the Board and the vote of Members representing a majority of the total Class "A" votes in the Association, including a majority of the votes of the Owners affected by the proposed assignment or reassignment. As long as Declarant owns any Property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, any such assignment or reassignment shall also require Declarant's written consent. 12.3. Use by Others. Upon approval of a majority of Owners Of Units to which any Exclusive Common Area is assigned, the Association may permit Owners of other Units, or other persons who are not Owners, to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Common Expenses attributable to such Exclusive Common Area. Article XIII Party Walls and Other Shared Structures 13.1- General Rules of Law to A l . Each wall, fence, driveway, utility, sewer or similar structure built as a part of the original construction on the Units which serves and/or separates any two adjoining Units shall constitute a party structure. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding pa negligence or willful acts or omissions shall apply thereto ails and liability far property damage due to 13.2. Maintenance- Dama a and Destruction. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired Out of the proceeds of insurance, any Owner who has used the structure may restore it. if other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions- However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or Omissions. Page 35 right of any owner rom any 13.3. Ri ht to ContributiohaRubn� With appurtenant t t e the land and shall tocontribution tt b such fOwner's other Owner under this Section s successors -in -title. pute arising concerning a party structure shall be handled in 13.4. Disc utes. Any dis accordance with the provisions of Article XIV. PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY The growth and success of the Pre efforts properties resolve as a community disputes amicably, attentiolnytor and working, and praying requires good faith understanding of relationships within the community and with our neighbors, and protection of the rights of others who have an interest in the community. Article XIV Dispute Resolution and Limitation on Litigation hall govern the tion icle s 14.1. Dis ute Resolution Meth�laimsdshdisputesions andof this contro controversies shall be resolved pursuant of all Claims between any Bound Party. the to the Arbitration Agreements described in Section 14.4, unless specifically exempted �t Clams Arbitration Agreements by Section 14.3, if exempt from the Arbitration Agreements, the may be litigated in a court of competent jurisdiction. iBefore he re an a Claimuiments of Sect ongsh14 5 t by the Association against any Person, the Association shallcomply t Claim in 14.2. Claims and lrxem t Claims. Unless specifically identified he ote as area interpretation, application this or rp Section, all claims or disputes arising out of fthe elatobligations gations and duties of any Bound Party enforcement of the Governing Documents; (}rights, under the Governing Documents; (c) relating to the design or construction of improvements an the Su lo re in the Properties, (d) breach of contract. (e) negligent m intentional tract related t Sthe aCondomtions or in'ium, including the inducement, (f) execution or performs Y an alleged statutory violation, (h) any claim of Arbitration Agreements described in this Article, (g} Y 9 bodily injury related to the design or construction of the Units and the l� Claims") shallbe claim made under the Washington State Consumer Protection Act (collectively, subject to the provisions of Section 14.4, which require the Claims Exemptarbitrated. 0 aims )' shall l not be necessary parties otherwise agree, the following list of exemptions (" Claims, and shall not be subject to the provisions of Section 14.4 requiring arbitration, nor shall Exempt Claims be subject to the provisions of Section 14.5 - 143: 14.2.1 any suit by the Association against any Bound Party to collect assessments, enforce liens, enforce the provisions of the Governing Documents; 14.2.2 any suit by the Association to obtain equitable relief (i.e., temporary restraining ary relief as the court may order, injunction, or specific performance) and such other uo and preserve he I Ass ciatian's ability to enfor eethe necessary in order to maintain the statusq provisions of Articles III, Article IV and Article V; 14.2.3 any suit brought by the Association to challenge tax assessments; 14.2.4 any suit brought b hthe AAssotation ciation solnst any d such contractor vendorr arising out of a contract for services or supplies between page 36 Association; 14.2.5 counterclaims brought by the Association in proceedings instituted against the 14.2.6 any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, enforcement, clarification, or interpretation of any provisions of the Declaration; 14.2.7 any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents if the amount in controversy exceeds $10,000.00; 14.2.8 any suit in which any indispensable party is not a Bound Party; and 14.2.9 any suit as to which any applicable statute of limitations would expire within 180 Claim is made agree to toll the statute of limitations as to such Claim for such peridays of giving the Notice required by Section 14.4(a), unless the party or parties against whom the be necessary to comply with this Article. od as may reasonably With the consent of all parties thereto, any of the above exemptions voluntarily may be submitted to the arbitration procedures set forth in Section 14.4. if the Association seeks to litigate items 14.2.1 through 14.2.5, such litigation shall require the majority vote of the Board of Directors. 14.3. Bound Parties. Declarant, the Association, its officers, directors, and committee members, all Persons subject to this Declaration, any Builder, and any Person not otherwise subject to this Declaration who agrees to submit to this Article by contract with a Bound Party or by stipulation shall be a "Bound Party" for the purposes of this Article XIV. 14.4. Arbitration A regiments. Each Bound Party covenants and agrees to submit all Claims to the arbitration procedures set forth in this Section 14.4, in lieu of fling suit in any court. Any dispute concerning the interpretation or the enforceability of the Arbitration Agreements described in this paragraph, including, without limitation, revocability or voidability for any cause, the scope of arbitrable issues, and any defense based upon waiver or estoppel, shall be decided by the Arbitrator. The decision of the Arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. These Arbitration Agreements shall inure to the benefit of, and be enforceable by, Declarant and Declarant's subcontractors, agents, vendors, suppliers, design professionals, insurers and any other person alleged to be liable for any defect in or to any Unit or the Common Elements; and shall be binding upon all family members and tenants of the Owners and the Association. No participation of a party in a judicial proceeding involving a matter which is arbitrable under these Arbitration Agreements shall be deemed a waiver of the right of such party to enforce the Arbitration Agreements_ If any provision of these Arbitration Agreements shall be determined by the Arbitrator or any court to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms. Any party shall be entitled to recover reasonable attorney's fees, litigation expenses and costs incurred in enforcing the Arbitration Agreements, as provided in Section 14.8. 14.4o Arbifra#ion A regiment for Non-Warran Claims. The Bound Parties agree that any Claim which is not a Claim covered by a Warranty (as described in Section 14.4.2) shall be settled and resolved by arbitration as described herein. The Arbitration shall be conducted by the American Arbitration Association, Construction Arbitration Services, Inc., ❑eMars & Associates, Ltd., or another page 37 arbitration service selected by the parties in writing, pursuant to the arbitration service's applicable arbitration rules to the extent such rules are not inconsistent with this Arbitration Agreement. if the ce shall be parties fail to agree on the selection ofan ab the larbit ation seon service, hrvice and feece of arbitration s of the Arbitrator shall be that of the Claimant. All administrative fees o borne equally by the parties to the arbitration, subject to the discretion of the Arbitrator to reallocate such fees in the interest of justice. hearing ninety The Arbitrator shall take such steps as o core be necessary heat ngold bin three �3} drays a d�t�e days of the initial demand for arbitration andArbitrator s written decision shall be midis ootlater the proceed ngrteen 1 but they are not jurisdictional, rand These time limits are included an andsexpedite the Arbitrator may for good cause afford or pede isionrmit s shall contain contta nsa brief statement hof the aclaim affect the validity of the award. Theaward, the Ar determined and the award made on The Arbitrator mayeach claim. ins ng awa dthedinjunctiven relief or any other t re shall ecisionsolidation of this arbitration apply applicable substantive law. available from a judge, including wiout issuk on joinder of parties or con with any other involving comcommones of law oor fact, which may p omote judicial economy, but shall not have the power to award punitive or exemplary damages. ate The parties expressly agree that this Arbitration Agreement involves and the exclusion of rns tang commerce, and is govemed by the Federal Arbitration Act (9 U.S-C. §1, et. seq.) or different or inconsistent state or local lafl �� ordinance or judicial is l provision of the rurule; and to the les nt of henarb arbitration local local law, ordinance or judicial rule s service under which the arbitration proceeding shall be conducted, the arbitration service rules steal govern the conduct of the proceeding. 14.4.2 Arbitration A reement for Warrant Claims. The Bound Parties agree that any Claim which is a Claim covered by a Warranty shall be settled and resolved by arbitration as described in this Subsection 14.4.2. A Warranty Claim is a Claim, dispute or controversy between Bound Parties arising from or related to alleged defects in the Unit or the Common Elements which are asserted after the casing of the transfer of title toftUnit, nit dwhich are covered by a contractual warranty Warrmy Claims shall be submitted o bindingarbitration the buyer of the Unit by the seller commenced and conducted in accordance with the arbitration provision of the Warranty, even if such provisions are inconsistent with the provisions of this Subsection 14A. 14.4.3 Limitation U on Amendments. The Declarant, the Association and all Owners all e any hereby acknowledge and agree tho Section 14.4 ofof �thisis ndmentDDec arationeclaration hwithot the written dify, alter or constent of portion of the Arbitration Agreementsgardless of the Declarant attached to and recorded with any Unit or membership�n the Associat�onther Declarant continues to maintain an ownership interest in ion and 14.4.4 Sindin U on Suc vertue of theAreca ding of Declarant,ns. The e Declarat on, thesetArbitrationl Owners acknowledge and agree that, by Agreements shall run with title to the havingpperty arty right, title oct totre Declaration e esttnloall or any portion of the real and shall be binding upon all Persons property subject to the Declaration and shall be fors the nefit of theeaeclarant and all Owners of Units successors -in -title, and assigns, and Common Elements subject to this Declaration, regardless of whether Declarant continues to maintain an ownership interest in any Unit or membership in the Association. page 38 14.5. Consensus for Association Liti lation of Claims. The Association shall not commence arbitration, judicial or administrative proceedings to resolve a Claim without the approval of Members representing at least 67% of the total votes in the Association. in the event the judicial or administration Proceeding is against the Declarant or any former Declarant, 75% of the total votes in the Association are required to commence such proceeding. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 14.6. Mandato ry Procedures for Jti ation of Claims. 14.6.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent') (collectively, the "Parties") shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: Respondent's role in the Claim; (b) the hlegal tb sis ofure of tthe Claihe m the including if �authorit out of wh involved and the Claim arises); (c) Claimant's proposed remedy; and (d) that Claimant will meet with Responde ti to discuss in good faith ways to resolve the Claire. 14.6.2 Ne oYi tion and Mediation. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. if requested in writing, accompanied by a copy of the Notice, the Association's Board may appoint to assist the Parties in negotiation. if the Parties do not resolve the Claim within 30 daysrepresentaof the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have 30 additional days to submit the Claire to mediation under the auspices of any focal Jurisdiction dispute resolution center or, if the Parties otherwise agree, to an independent agency providing dispute resolution services in the area. if Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant. Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. Within five (5) days of the Termination of Mediation, the Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent, and the Respondent shall make a final written settlement offer ("Settlement offee,) to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement offer. 14.6.3 Final and Bfndin Arbitration. If the Parties do not agree in writing to a settlement of the Claim within 15 days of the Termination of Mediation, the Claimant shall have 15 additional days to submit the Claire to arbitration in accordance with Section 14.4. If not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claim shall page 39 rom any be deemed abandoned, and Respondent dyedl nothing here n shall release be released and discharged f or discharge Respondent and all liability to Claimant arising out of such Claim; provided,is an and is from any liability to Persons other than Claimant. arbitration laws�n'f he a bgratione ward r{the bitrate Award' } specifically enforceable under federal and state shall be final and binding, and judgmentmay be entered upon itl n any court of competent jurisdiction o the fullest extent permitted under federal and Washington Stating 14.7 Allocation of Casts of Resolvin ally a1 all rendered byms. Each party shall bthe rmedi tor(s) and all filing attorney's fees, and each Party shall share eits own cOs qu y fees and costs of conducting the arbitration p roceeding ["Past Mediation Costs"), except as otherwise ore fvoable to ordered by the arbitrator pursuant to Section shall add Any Awarlairnnw hich Past is equal Mediation Costs totherAwa d to Or m Claimant than Claimant's Settlement Demandfavorable to such costs to be home equally by all Resp Qffersshall awardr tosuich Respondent itsch is equal to or ePost Mediation Claimant than any Respondents'Settlement Costs, except as otherwise provided in this subsection. 14.8 Enforcement of Resolution o� �� ation n a crdance with Section Parties4.4and any Party Fees and Costs resolution of any Claim through negotiation thereafter fails to abide by the terms of eafter agreement, �s tocomply with Parties agree to Award, then any abiding ng or following arbitration and any Party the proceedings to enforce such agreement or Award complying Party may file suit or initiate administrative ures set forth in Section 14.e r such event, the Party without the need to again comply with the procedlyi taking action to enforce the agreement or Awardfrom all suchall be ed Parties pro rota} allhcosts in�urrped ig to rec Party (or if more than one non complyingParty, enforcing such agreement or Award, including, without limitation, inttsu litigation n shall be entitledhe to Bound Parties litigate an Exempt Claim, the prevailing party in is payment of all attomey's fees, litigation and costs by the non -prevailing party. Article XV Mortgagee Provisions st The following provisions are for the benefit of holders, insurers both hisDeclaration andto Mortgages on Units in the Properties. The provisions of this Article apply the Bylaws, notwithstanding any other provisions contained therein. tor of a first ch 15,1. Notices of Action. An institutional (sucher, insurer. or requestto state henname and address of such provides a written request to the Association ( relates, thereby holder, insurer, or guarantor and the street ad dres.� of the Unit to which its Mortgage becoming an "Eligible Holder'), will be entitled to timely written notice of: (a) Any condemnation loss or any casualty loss which held. affects a d t on l pooh n f the Properties or which affects any Unit on which there is a first Mortgage by such Eligible Holder; of assessments or charges owed by a Unit (b) Any delinquency in the payment subject to the Mortgage of such Eligible Holder,where such Documents delinquency e at ng to such Unithas eor#the owner or 60 days, or any other violation of the Governing Occupant which is not cured within 60 days; page 40 (c) Any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or (d) Any proposed action which would require the consent of a specified percentage of Eligible Holders. 15.2. S ecial FHLMC Provision, So long as required by the Federal Home Loan Mortgage Corporation or any successor to FHLMC, the following provisions apply in addition to and not in lieu of the foregoing. Unless at feast 67% of the first Mortgagees or Members representing at least 67% of the total Association vote consent, the Association shall not: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property comprising the Common Area which the Association owns, directly or indirectly (the granting of easements for utilities or other similar purposes consistent with the intended use of the Common Area shall not be deemed a transfer within the meaning of this subsection); (b) Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Unit (a decision, including contracts, by the Board or provisions of any declaration subsequently Recorded on any portion of the Properties shall not be subject to this provision where such decision or subsequent declaration is otherwise authorized by this Declaration); (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining to architectural design, exterior appearance or maintenance of Units and the Common Area (the issuance and amendment of architectural standards, Use Restrictions pursuant to Article Ili, procedures, or Rules and Regulations shall not constitute a change, waiver, or abandonment within the meaning of this provision); (d) Fail to maintain insurance, as required by this Declaration; or (e) Use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such property. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association. law: 15.3. Other Provisions for First Lien Holders. To the extent not inconsistent with Washington (a) Any restoration or repair of the Properties after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of first Mortgages on Units to which at least 51 % of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. page 41 (b) Any election to terminate the Association after substantial destruction or a l taking in condemnation shall require the approval of the Eligible Holders of first Mortgages substantia su Units to which at least 51% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. 15.4. Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the condemnation pursuant to Section 15.3(a) and (b), Aar �� the aresult as a ddition of iandidamage, accordance with Article IX. (a) The consent of Members representing at least 67% of the Class "N' votes the El Declarant, so long as sMortlaagens on U t yland subject to which at least 67% f thethis iovo,and the tes of Units subject to a Eligible Holders of firs Mortgages Mortgage appertain, shall be required to terminate the Association. (b) The consent of Members representing at least 67% of the Class "A" votes and a1 of Dec ation, and the appro El Declarant, so long as Declarant whidsubject to ch at least 51 Io of thle rvot s of Units subject to a Eligible Holders of first Mortgages an Units to Mortgage appertain, shall be required materially to amend any provisions of the Declaration, Bylaws, or Articles of Incorporation, or to add any material provisions thereto which establish, provide for, govern, or regulate any of the following: Area; (i) voting; (ii) assessments, assessment liens, or subordination of such liens; (iii) reserves for maintenance, repair, and replacement of the Common (iv) insurance or fidelity bonds; (v) rights to use the Common Area; (vi) responsibility for maintenance and repair of the Properties; (vii) expansion or contraction of the Properties or the addition, annexation, or withdrawal of Properties to or from the Association; (viii) boundaries of any Unit; (ix) leasing of Units; (x) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Unit; (xi) establishment of self -management by the Association where professional management has been required by an Eligible Holder; or page 42 (xii) any provisions included in the Governing Documents which are for the express benefit of holders, guarantors, or insurers of first Mortgages on Units. 15.5. No Prionty. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. 15.8, Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Unit. 15.1. Failure of Mort a ee To Res ond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within 30 days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or mail, return receipt requested. registered 15.8. Construction of Article XV. Nothing contained in this Article shah be construed to reduce the percentage vote that must otherwise be obtained under this Declarat Washington law for any of the acts set out in this Article. ion, the Bylaws, or 15.9. Amendment by Board. Should the Federal National Mortgage Association or FHLMC subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes. PART SEVEN: CHANGES IN THE COMMUNITY Communities are dynamic and constantly evolving as circumstances, technology, needs and desires, and laves change, as the residents' age and change over time, and as the surrounding community changes. The Properties and its Governing Documents must be able to adapt to these changes while protecting the things that make this community unique. Article XVI Changes in Ownership of Units Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board at least seven days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board ma transferee of a Unit shall, within seven days of taking title to a Unit, confirm that y reasonably require. Each the information Previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Unit, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title. page 43 Article XVII Changes in Common Area 17.1. Condemnation. If any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least 67% of the total Class "A" votes in the Association and of Declarant, as long as Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1) by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows: If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within 60 days after such taking Declarant, so long as a Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1, and Members representing at least 67% of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 7.3(c) regarding funds for restoring improvements shall apply. If the taking or conveyance does not involve any improvements on the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 17.2. Partition. Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action partition of any portion of the Common Area without the written consent of all Owners and Mortgagees. This Section shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration. 17.3. Transfer or Dedication of Common Area. The Association may transfer, dedicate, or grant easements over portions of the Common Area to any other local, state, or federal governmental or quasi -governmental entity without a vote of the Owners subject to compliance with Section 15.2, if applicable. Article XVIII Amendment of Declaration 18.1. By Declarant- eclarant_ In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Unit to a Person other than a Builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination-, (b) to enable any reputable title insurance company to issue title insurance coverage on the Units; (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Units; or (d) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Unit unless the Owner shall consent in writing. page 44 In addition, so long as Declarant owns property described in Exhibit "A" for development as part of the Properties, Declarant may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in writing. 18.2. 8 Members. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing 67% of the total Class "A" votes in the Association, including 67% of the Class "A" votes held by Members other than Declarant, and Declarant's consent, so long Declarant owns any property subject to this ❑eclaration or which may become subject to this Declaration in accordance with Section 9.1. In addition, the approval 'requirements set forth in Article XV shall be met, if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. 18.3. Validity and Effective Date. No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class "'B'" Member without Declarant's written consent or the Class "B" Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively Presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon Recording, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within six months of its Recordation or such amendment shall be presumed to have been validly adopted. in no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. 18.4. Exhibits. Exhibit "A" attached to this Declaration are incorporated by this reference and amendment of such exhibits shall be governed by this Article. Exhibit "B" is incorporated by reference and may be amended pursuant to Sections 18.1 and 18.2, or as provided in Article Ill. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the date and year first written above. THE QUADRANT CORPORATION, a Washington corporation, doing business as Quadrant Homes By: page 45 STATE OF WASHINGTON ) 1 ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and that person acknowledged signing this instrument, on oath stated their of The authority to execute the instrument and acknowledged it as the Quadrant Corporation on behalf of whom instrument was executed to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED and SWORN to before me this day of 2012. (printed name): NOTARY PUBLIC My Commission expires: page 46 EXHIBIT ,A,, Land Submitted to Declaration Lots 1-114 and Tracts C. D. E, E, G. H i to the plat thereof recorded in Volume _ inclusive, Icing County Recorder's Number County, Washington. J. KC L, M of Wynstone East, according of Plats, Pages _ through _, records of King Situate in the County of King, State of Washington. page 47 EXHIBIT "B" Initial Use Restrictions The following Use Restrictions shall apply to all of the Properties until such time as they are amended, modified, repealed, or limited by the Association pursuant to Article III of the Declaration. (a) General. The Properties shall be used only for residential, emanage recreational, retained rby elated purposes (which may include, without limitatianrooffices ed Builders, or Association consistent with this Association or business offices Declaration)�p Declaration and any supplemental (b) Restr� icy The following are prohibited within the Properties unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board: ge, bam or her (1 } Tern ora Structures a tern horrary or No character erected aor placed on t he outbuilding or buildings or any structure P Properties shall at any time be used as living quarters except as specifically authorized by the P1C. (2) Nuisances. No the P1C shall determine undesirableious or thing. hat a thing or use of any Unit or any Properties shall be permitted or maint ained.may part of the Properties is undesirable or noxious, such determination shall be conclusive. cludin Plwithout recommend and the Board may direct that steps be taken as is reasonably necessary 9, limitation, the institution of legal action or the imposition of dines in he maner authorized `whic� s det rmi ed bythe 64.38, to abate any activity, remove anything o terminate any use of property PIC or described in this Declaration to constitute a nuisance. be (3) Limitation on Animals. n fishi may livestock kept for poultry of any they are not kept kind b bred orllmaintained s bred or kept on any Lot, except cats, dogs, birds for any commercial purpose, and they shall not e kept in Animals shalters or under ! not he allowed to oiam loose outside ons reasonably objectionable in a closely built-up residential community.designate the limits of any Unit on which they are kept. Provided, however, the Board in its discretionle rules, so long as (i) the a� undery des voice t certain tracts as off -leash dog an as, subject ressive;tand ( ) all solid waste is removed by the(owner utilizing the command; (ii) the dog(s) a 9ge from barking or Tract for such purposes. Any dogar.�ordirngt#o the terms of this so as to eDeclaration- Each Owner outside f be otherwise shall be considered a nuisance responsible for cleaning up after his or her animal for any waste or damage to any area outside o the Owner's Unit. (4) Limitation on Signs. The Association m delines ae es nctioor ns including ding#d the full duration, extent allowed by State law. The Association may establish g location and appearance of signs. In addition to so otherrights ht De a ant reserved to a eclarant y Builders awn aDnylLat, the in th Declarant hereby reserves for itself and a ll right to maintain upon the Properties such the Las in the opinion of Declarant are required, convenient or incidental to the merchandising and sale oo on of all ding and (5) Com letion of Construction onousl a ts fro commencementt of ticonstruc#ionll until the structures shall be pursued diligently and co Y appearance, structures are fully completed and painted. All structures shall be completed as to external app including finish painting, within one year of the date of commencement of construction, except such construction as is performed by Declarant, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Unit, and rear yard Landscaping must be completed within six months of completion of a Unit. Except with the approval Board, no person shall reside on the premises of any Unit until such time as the improvements tobe erected on the Unit in accordance with the plans and specifications approved by the Board have been completed. (6) Unsi t Conditions. No unsightly s conditions shall be permitted to exist on any Unit. Unsightly conditionshall include, without limitation, laundry hanging or exposed in view for litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non -decorative ear, equipment, cans, bottles, ladders and other such items; and no awnings, air conditioning units, heatpumps drying, b other obtained Projections shall be placed on the exterior walls of any Unit unless prior written approval shall h been obtained from the PiC. Garbage containers and recycle bins are to be stored so as not to be seen from the street, except on p Y have P pick-up days, Owners should insure garbage containers are secure from overflowing or spills and to keep litter and debris picked up around their property at all times- (7) Antennas Satellite Rece t'roR. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties without PIC a reception devices shall Comply With the Residential Design Guidelines or other applicable rules adopted by approval will be consistent with FCC regulations. the Association pertaining to the means, method and location of antennas and psat al' AN over -the -air ellite dishes. PIC (8) Setbacks. No building shall be located on any Unit nearer to the front lot fine or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. (9) Roofs. Roofs on all buildings must be finished with materials approved for use by the PIC. More than one type of material may be approved. (tg) Fences Walls. In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Unit unless prior written approval has been obtained from the PiC. The design and color of any fence on the Properties, whether visible to the other Units or not, shall be constructed and finished according to the standard fence detail, as such detail is initially designated by the PIC. If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the PIC. (t i) Residential Use Onl . Except for Declarant's or a Builder's temporary sales, construction offices and model homes, no Unit shall be used for other than one detached single-family residential dwelling, with driveway parking used for not more than three cars. the Declara(12) Under round Utilities R aired. Except for any facilities or equipment provided by nt or any utility, all e underground. lectrical service telephone lines and other outdoor utility lines shall be placed (13) Sales and Construction Facilities. Notwithstanding any other provision in this Declaration to the contrary, it is ex ressl or nominees, to maintain on an p Y Permissible for Declarant, a Builder, and their agents, employees Areas such facilities as the they portion reasonably feel are rTequf ed, conveneclarant, aient oroinc �e Common construction and/or sales of Units or improvements thereon. Declarant ma incidental to the Y Permit, in writing, an individual page 2 parry purchaser to maintain temporary equipment and construction material on the Owner's Owner or third feels the same is reasonably required, convenient or incidental to construction Unit when the Declarant activities for improvement of the Unit. ys of the (14) Draina a Waters, Pollowinof the ockoriginal m theirg natural course sons too discharge Properties, no drainage waters shall be diverted or blthe upon any public road rights -of --way. The Owner of oval from heoappl cable governmental jurisdiction, drainage system, must make application to and r to making any alteration in receive approvalacross any enclosing of drainage waters in culverts or drainsad raroutingat expense there of such Ownernit as may be undertaken by or for the Owner of any Unit shall be done y a on the (1b) NBA Restrictions and Maintenance. Buffer A ea, wetland or wetland Buffer l (colleat as t vely. Growth Protection Area, Sensative itive Area, Suffer, Natu tilling, "NBA") shall be left permanently undisturbed in a s bs of any kind shall ccutural state. Nwithir�athese grading, building construction or placement, or road under the activities approved by the Local Jurisdiction. Some cross sates }areas, uttiiz ng the shortest alignment possible if utility lines and drainage discharge Swale Y � fences, when the NBA and only if no feasible alignment is available which would avoid such a crossing; () us vegetation by the Owner of a Unit and its buffer are not detrimentallyAssoclabon shall be responsible for affected; and (3) removal of ooperating, maintaining event and that this on which a NSA is located_ i the condition of the NBA in the event any unauthorized disturbance occurs-, hoa claim for reimbursement disturbance is determined to be the fault of a party, the disturbing the area.ssociation may pursue of damages to the NBA from the party (16) Deviation by Consent of Declarant. Declarant hereby reserve the right to enter into Unit without the consent of the Owner of any other Unit)devWinn shall viate an agreement with the Owner of any ( ements contained in this Declaration. Any from the conditions, restrictions, limitations or agre te a waiver of any such condition; restriction, be manifested in an agreement in writing and shallnot constitu on the Properties; and the condition, restricts n, limitation, or agreement as to the remaining La the limitation or agreement waived by Declarant shall remain fully enforceable as to all other Lots locate in Properties. (17) Timeshares- No operation of a timesharing, �ipan s in the `pon aprogram fixed or whereby the right to exclusive use of the Unit rotates among p p program floating time schedule over a period of years, is permitted. However, the Declarane may operate such a program and may permit others to operate such a program (18) Conversion of Car orts or Gara es. Conversion of any carport, garage, attic, or other unfinished space, other than a basement, oinished space for use as an apartment or other integral part of the living area on any Unit is prohibited. type may (19) Irri atlon S stems. No sprinkler or irrigation wetlands, canals, wells otheryground r draw upon water from lakes, creeks, streams, rivers, p have surface waters within the Properties, except that De lamece the vel of such bodies oft and its designees water, t water,if and to the right to draw water from such sources and to red extent allowed by the Permits. page 3 (20) Bu` mina. No open-air burning or use of wood stoves is permitted, except in compliance with Local Jurisdiction Ordinances. However, ❑utdoor cooking facilities, such as barxc uei are permissible subject to rules, regulations, and Local Jurisdiction Ordinances. q , (2ly Limitation on Stora a Of Vehicles _ Tem ora Permits for RVs. hereinafter expressly provided, the Units, Common Areas andlor streets located on the Properties Shank as be used for the storage and/or overnight parking of any vehicle other than private family automobiles t motorcycles and commercial vehicles operated b not commercial vehicles contain a single rear axle). Vehicles shall not be parked on a drivewayor 'rucks, Y a person residing at the Unit (provided that such lieu of being parked in an available space in a garage, except as otherwise providebstreRet in established by the Board. Boats, boat trailers, house trailers, campers, trucks, trucks with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight on an r Rules Properties, except as specified herein, or as may be permitted by Rules established by the Board. y part of the inoperable vehicles of any kind shall be parked. stored, maintained, or constructed on any Unit or street unless stored in a garage No g g Notwithstanding the foregoing, Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the P for guests to park a vehicle on the driveway of a Unit for a period of up to 72 hours, and not to exceed IC weeks in any calendar year. The privilege shall only exist, however, after the written permission has been obtained from the PIC or its authorized representative to park at the Unit. An Owner that stores a r two vehicle off -site May y n Y Park the vehicle on the drivewa of a Unit far 48 hours for the purpose of preparingt n departure or upon return, to facilitate preparation and return from travel. (22) Chan in Unit Contours and Drains e- Subdivisions. The surface grade or elevation of the various Units shall not be substantially altered or changed in any manner which de affect the relationship of such Unit with other Units, or which would result in materially obstructingthe view from any other Unit, or which would otherwise produce an effect Out of harmony with the en development of the immediate area in which said Unit is located. Whether or not such alteration e general change in the elevation or grade of any Unit would be prohibited shall be determined by the Declarant during the Class "B" Control Period in its sole and uncontrolled discretion. No further subdivision of or Unit without resubmitting for formal plat procedure is allowed. The sale or lease of less than a w Unit in the Plat is expressly any p y prohibited., hole (23) Garbage Dis osal. The Owners of the Units shall ensure that no garbage can or other receptacle will be visible from any place outside the residence except on collection day. (24) Prohibited Materials. In order to protect the environment, sensitive areas and water quality precautions must be taken with the storm drainage system on site. The following materials shall not be allowed to enter any surface or subsurface part of the public and/or private drains system. ge (i) Petroleum products including, but not limited to, oil, gasoline, grease, fuel oil and heating oil. Trash and/or debris. Animal waste. (iv) Chemicals and/or paint. (v) Steam cleaning waste. (vi) Washing uncured concrete for cleaning and/or finishing purposes or to expose aggregate. page 4 (vii) Laundry wastes or other soaps. (viii) Pesticides, herbicides, or fertilizers. (ix) Sewerage- (x) Heated water. (xi) Chlorinated water or chlorine. (xii) Degreasers and/or solvents. (xiii) Bark or other fibrous material. (xiv) Antifreeze and/or other automotive products. (xv) Lawn clippings, leaves or branches. (xvi) Animal carcasses. (xvii) Silt. (xviii) Acids or alkalis. (xix) Recreation vehicle waste mission his been granted by the Local (�) Dyes, unless prior P Jurisdiction. (xxi) Construction materials. ndling ems shall not be in compliance with the use, ha Any Owner found to notice of r the orAssociation age of 5 t or the Local immediately remove and remedy the matter, upon written Jurisdiction. c Street Street Trees are those trees planted by Declarant, or at the Declaranfs (} I with the requirements contained in the Plat. Street Trees may be located on Units direction, to Comply planted b the near the public right of ways that lie within and long ation�uA pre-existing tree or a tree plans that are located within Common Areas are owned by Association. Owner is considered a Street Tree. Any tree Declarant on a Unit at the time it is purchaseder such located within twenty (20) feet of a public right oew Treehsubject to the right contained located the herthin ein, outside the Plat), shall be presumed to be a St retunless the Association, the Declarant or the Local Jurisdiction confirm otherwise in writing to the Owner. w (1 } Iasement Granted. The Association, the Declarant (and any Builder or person who ce or has posted a bond related to the plant;ng,t� nte out the Dec grant s duties stthey pertain to Street lees wit any government jurisdiction, and who has agreed carry to Street Trees) Trees — who for the purpose of this Section may exercise ercStreeteclarTreeon eachjighUnit aandthe Propertiesare are granted an easement to place, care for and maintain locations adjacent to the public right of ways and sidewalks, whether sucpublic ' Yin right sh 11 extend the front, side or back boundary of a Unit. The easement granted located along of a variety approved by the Local Jurisdiction or good nursery practices. onto a Unit fora distance sufficient for Street Tree easements that are needed s- its successor} to be planted, maintained and pnran ed such mannerconsistentwith g to The Association and the Declarant are also g ernes, reach the location of any Street Tree, across any Unit or Common Areas on the Properties. Declarant shall, (2} Res onsibilit for Plantin and Maintenance of Street Trees. plant the Street in their sole discretion (but consistent with the requirements of the Local Jurisdiction}, he Association of shall have primary responsibility for the Trees in such locations an the Units along then right of ways and in the Common Areas that the Declarant determines. The Owners and the A anted unless such responsibility is assumed by t maintenance of the Street Trees after they p be established by notations al Local Jurisdiction. The division of responsibility bthe Street Trees may the Association and the Local Jurisdiction for different aspects of maintenance — page 5 the face of the Plat, or if there are no such notations, by rule promulgated by the Board ar ordin adopted by the Local Jurisdiction. The Owners and the Association shall provide such maintenance the Street Trees that is appropriate,ante the Declarant or the Local Jurisdiction. s The Owned Upon ers dand the Association shall to nursery practices and such imposed by voting to abandon or ceasing the maintenance of the Street Trees, or (2) removing or altering(other than appropriate pruning) the Street Trees without permission of Declarant be prohibited from (i} Declarant's performance and maintenance bonds posted with an ,until such date that the the Street Trees is released and fully exonerated, without charge orer reduction, Oruponthe! bed to forfeiture. bonds' (3) Remedies for Failure to Maintain Street Trees. In the event that any Owner and the Association fail to maintain the Street Trees, a Declarant may elect to maintain the Street Trees may charge the Association and the Owners, as a special assessment, the cost of such maintenance" The special assessment arising under this section shall be a lien on the Properties in favor of Deciarand which Declarant may enforce (in place of the Association) in the manner described in the Declaration. In the alternative, Declarant may elect to charge any sums deducted from the Declarant's performance ant, bond as a special assessment against the Association and the Owners, impose the special assessment P ante as a lien on the Properties in favor of Declarant, and enforce such special assessment {in place of the Association} in the manner described in the Declaration" This provision may not be amended without the permission of Declarant; until the Declarant's performance and maintenance bonds posted with governmental jurisdiction related to the Street Trees are released and fully exonerated, without bout or reduction, or such bonds are forfeited" h any charge (4) Remedies U on Removal or Alteration of Street Trees. In the event that an Owner removes or alters inappropriately a Street Tree without written permission of a Declarant (until the Declarant's performance and maintenance bonds are released or forfeited, and then the Association the Local Jurisdiction, if the Local Jurisdiction assumes responsibility for the Street Trees), the removal shall be a violation of this Declaration and of RCW 64.12.030. Declarant, (until Declarant's performan or and maintenance bonds are released in full without claim, and then the Association or the o Jurisdiction), may bring an action to restrain the removal of any Street Tree, or for damages arisingce such removal, including such additional, treble damages and attorney's fees that are available and al this Declaration or state law" from under (5) Termination or Alteration of Restrictions on Removal of Street Trees. Declarant's rights and duties described herein shall cease and automatically terminate upon (7) release in without claims, of the Declarants performance and maintenance bonds, (2) recovery of compensation by Declarant for all sums deducted from the bond, or (3) a date six years from the date of a full, P anon forfeiture, whichever event occurs first. After Declarant's performance and maintenance bonds a released or forfeited, and the Declarant has received the full exoneration of the bonds without ai bond compensation for an re Jurisdiction or its successor for approval to terminate made from the bor alter the he estrictiohe #nsni may a claims, or or alteration of Street Trees described in this Section. Such application may be ma PAIY to the Local mposed upon the removal Owners approve of the Association's application for termination or alteration of the Street Y ode if a majority of the restrictions. Upon written natifrcafion from the Local Jurisdiction of the termination or alteration of the restrictions upon Street Trees contained herein, the Association shall record a copy of the writtenTree in the Recorder's Office of the Local Jurisdiction in which the Plat is located. Upon recordation of notice, the provisions of this related to Street Trees shall terminate or be amended i notice described in the notice" such n the manner page 6 ng or asing of ts (d) Restrictions U ❑n Rentals. This � ehs of applies du ation, all tenancies esewith options Ito (collectively, "renting" or "rental'), including all to Y governed by purchase, all tenancies with first rights of refusal, and all living arrangements to sublease ofaa nit and the the provisions of RCW 59.12 or RCW 59.18, and shall also apply Orton s a Unit without prior assignment of any lease of a Unit. No Unit Owner may rent a Unit or No rental a# a Unit it any portion written approval of the Board of the Association ("Rental Approval"). of the Tenant. The of a Unit shall be valid or enforceable unless e IBoard�sies with grantedtp iorprovisions to occupancy this Section, an the written approval of the rental agreement by th by the Board may, by a duly adopted rule, require thabar completely orfee be dr stricthe st total nlumbe o Units rented a condition of such approval. The Board may including but not limited within the Properties for such reasons as the Board deems appropriate, maintaining an owner -occupied residential environment. I (1) Definitions. The following definitions shall apply to this Section: (a) "Occupant' means anyone who occupies any portion of a Unit as a permanent residence or who stays overnight in any Unit more than fourteen (14) days in any calendar month, or more than thirty (30) days any calendar year. en (b) `Related Party" means a person who has been nt in law, (3) siblingwritt(4} document filed by an Owner with the Association to be the (1) parent, (2) pare, parents sibling or (6) lineal descendant of the owner or (7) the lineal descendent of sibling in law, (5) p any of the foregoing persons, (8) the dome ar any amendment ofrsuccessvr tofcsuch nstatute, er" is eor f thfined e Seattle Municipal Code Section 4.30.020, Y the Local Jurisdiction, (9) the officer, director statute is repealed, the definition last contained in the statute before its repeal, or if the Local Jurisdiction adopts such a statute, the statute adopted by or employee of any Owner which is a corpor itton, (p 0) Y owner that s employeeer or partnership.Owner that is a limited liability company, or {11 } pa rtner or employee (c) "Rental Agreement' shall mean any agreement, written or oral, related to the renting or leasing of any Unit or portion of a Unit. essee, renter or other non -Owner (d) "Tenant' means and includes a ten declaration,of the declarat on, the term Tenant occupant of a Unit that is not occupied by its Owner. For the pure shall not include a Related Party. (2) Rental Limitation. During the Class 8 Control Period, no Unit or portion of a Unit no may be rented by an Owner without the written leat any one time, by haslds ended, Exhibit A, and Declarant.ermission of Declarant e Gfass8 ControlPer od o property subject to this Declaration or descn the Board may determine the number of Units aThe Board may t may be d determine that no Units or portion s Of setting the number of Units that may be rented. ined in this section shall be known as the "Rental Units may be rented. The restrictions conta Limitation". (3) Procedure for Obtainin A royal far Rentin Unit. Owners interested rentals) renting their Unit or a portion threquest for Rentareof ltApprovaler rto the Board ant no rin such farm ahas the sole s shall be ht to reviewed and shall submit a written request Y ranted b the Board, the Owner shall have accepted by the Board. Once Rental Approval has been g ninety (90) days within which to rent the Unit. in the event the Unit is not rented within the 90-day page 7 period, Rental Approval shall automatically be revoked. Renting of a Unit within ninety (90) days of the granting of Rental Approval shall be deemed to occur if the Unit is occupied by a Tenant within the 90- day period, or if a written rental agreement is signed within the 90-day period and the term commences within 30 days of the signing of the rental agreement. () Waitin List. Request for Rental Approval shall be processed and approved in the order received by the Board. Once the number of rental Units reaches the Rental Limitation, then an Owner who submits a written request for Rental Approval shall go on a Waiting List. Each Owner who has rented his/her Unit shall promptly give written notice to the Neighborhood Association of any rental agreement termination and the intent by the Owner to no longer rent the Unit. The Owner in the next available position on the Waiting List shall be notified and provided a reasonable opportunity to rent his/her Unit in accordance with the terms and conditions of this Article. if that Owner fails to rent his/her Unit within such reasonable period of time as determined by the Board (or otherwise advises the Board of his/her waiver of a right to then seek to rent his/her Unit), then that Owner's name shall be placed at the bottom of the Waiting List, and the opportunity to rent shall then be offered to the next highest person on the Waiting List. {5j A roved Rental Unit. A Unit shall be an Approved Rental Unit if and only if the Owner and the Tenant have strictly complied with the terms and conditions of this Section, A Unit steal! remain an Approved Rental Unit in the event the Owner extends or renews an existing rental agreement or rents the Unit to a new renter in strict accordance with this Article. However, in the event an Approved Rental Unit (1) is subsequently occupied by an Owner or persons not bound by a written rental agreement in strict accordance with this Article for a period of thirty (30) days or more, or (2) is the subject of a transfer other than an exempt transfer (as defined below), madethe Owner to a new Owner, the Unit shall be deemed to be an Owner Occupied Unit. Upon either occburren e any previous rental approval shall be deemed revoked, and the Owner shall thereafter be required to reapply to the Board for Rental Approval in accordance with this Article_ For the purposes of this Article, exempt transfers are transfers that occur (1) as a result of a gift by the Owner to a Related Party or (2) by a testamentary transfer from an Owner to any person, (B) HardshExcetmtian. The Board shall have the right, in the exercise of reasonable discretion, to permit exceptions to the Rental Limitation in connection with hardship cases. In other words, where the Board determines that a hardship exists due to circumstances beyond the control of the Owner, and that the Owner would suffer serious harm by virtue of the rental limitations, and where the Board further determines that a variance from the rental limitations contained herein would not detrimentally affect the other Owners or the quality of the single-family, owner -occupied such a temporary period as to be determined by the Board. neighborhood, then the Board may, in its discretion, grant an Owner a waiver of the Rental Limitation for authority, notwithstanding the Rental Limitation, to consent to tBoard shall have the he Rental of In addition, the a title to which is acquired following a default in a mortgage or Deed of Trust. (7) Co ies of Rental A reement Provided to Association. In addition to the requirement that the Association approve the Rental Agreement prior to execution of the Rental Agreement, copies of all Rental Agreements, and any amendments thereto, as executed by the Owner and the Tenant, shall be delivered to the Association before the tenancy commences. (8) Deliv I of Govemin Documents to Tenants. Prior to signing any Rental Agreement, it shall be the responsibility of the Owner to deliver to the Tenant a copy of all Governing Documents, i.e. this Declaration, the Bylaws, and the Rules and Regulations of the Association. If it is page 8 determined that the Owner has failed to provide copies of such documents to the Tenant, the Association may furnish a copy of the documents to the Tenant and charge the Owner an amount tthe be determined by the Board, which copying charge shall be collectible as a special assessment against Unit and its Owner- . �9} violation of Governin Documents � �� es for breach of he Governing b . The Association aDo me ll have a may exercise the same rights of enforcement an se against a Tenant, as it has against an Ownerincluding applicable Washington righlaw ndln addition, f any Tenant ihE provided in the Governing Documents or by Occupant of a Unit violates or permits the violatobiyihis Qwner to immediately cease such viguests and invitees of any o ationsi If ense of Governing Documents, the Board may give notice the violation is thereafter repeated, t and evict the ard Tenanthave t{andhe ua 1 occupants) if he Owner fa'lspto do so the Owner, to terminate the tenancy after Notice from the Board and an opportunity by the Owner to be heard. The Board shall have no ion shall have a lien liability to an owner or Tenant for any eviction urdred by it good faith- in The connection Awith Butch eviction, including against title to the Owner's Unit for any costs reasonable attorneys' fees, which mayb {c�elllec ed, and foreclosed by the Association in the same ry manner as assessments are collected a es and Regulations in {10} Rules and Re ulations. The Board may adopt which Rules and Regulations) shall be effective upon furtherance of the administration of this Article, publication to the Association and its members. ements shall be in (11 ) Re uirements of Re Bulb ect in allgrespe is to the re provisions of Any Rental Agreement must provide that its tenants shall be n and that any fare this Declaration and the Bylaws and rules and sulations of the shall 6e a default unldepthe Rental AgreementhY the tenant to comply with the terms of such documents ts ner, the Board may tio (12) Rent Paid to Associ Board so much of the rentn. if a Unit is rented borlsuc0 Unit as s required to collect, and the Tenant shall pay over to the plus interest, costs, pay any amounts due from the owner or the Tenant to the Association hereon day The Tenant shall litigation expenses and attorney's fees if the same are in defaultover tthirty (30 darge the Tenant's duty not have the right to question payment to the Board, and such payment of payment to the owner for rent to the extent Unit underrent lth saDeBoardcla ation for id to the iAssessments and charges, the liability of the owner or purchaser of the or operate as approval t the Rental Agrect to the Unit orit Owner,hnor, n derogation tof any right which a receiver has been appointed with respect to t nit may have with respect to such rents. Mortgagee of such U page 9 AMERICAN WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 Iii I III 1111111111111111111111111 20140418000839 KING COUNTY, WA RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee (`Grantor"): ,A"A - Reference Number(s) of Related Document(s): _ a D 1; 1 ;L \ (1 ool cv �, Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number _ `��p S700 ! b / 7 Assessor's Tax Parcel ID Number: 007 Cf:> Plat or Building Permit Application Number: _� 2 — 2, g2d Amount Released: $ 2, Q/ THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is niade as of this � day of � 20 by the City of Federal Way (the "City-). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated �rmecorder King County Recording No. Zo 2 2 / q�j 77 (the "Covenant") withGrantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the Covenant. ; the City will release Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, al of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: Date: 3 2� Grantor By: STATE OF WASHINGTON ) COUNTY OF KING) ) ss. On this day personally appeared before me, to me known to be the individual described in and who executed the foregoing instrument and on oath swore that he/s�z (they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this -LL-rA day of 2tI! J. t%O7ARYfj am. -Me (typed/printed name of notary) may) ;wp ;• PUBL�G fl �, Notary Public in and for the State of Washington. ��_k OF W Asf+++ My commission expires r f"9 AMERjCAN_ --p WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 RECTWED BY COMMUNM & ECONOMIC DEVELOPMENT DEPARTMENT APR 12014 nN�InIIIII�I�MI'n11111911�IWI�IIIIIIIIIAI 20140109000562 KING COUNTY, WA RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): �Lt �J�ra, 4DW es Reference Number(s) of Related Document(s): Z O 12. t 2 (5 0 O 1-7 S I Legal Description (Abbreviated): Lot (0 of the Plat of Wynstone East, King County Recording Number _ & Dl 2. 1 Z [) 5 Dd / a 1 Assessor's Tax Parcel ID Number: !Z,57850 01 & 0 Plat or Building Permit Application Number: _:� -1 d 7. 8z c) u. INTO 11.0 I TY F) V LID17T A24-D i u h Amount Released: $ -,,o 5 • - ")CURACY AMWEM BY FIRHPAW.RICAN TFNZ i '-BUM-f�T E ]COMPANY THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this _ ?, rc day of - ' 20_Lj, by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated / l - ?Dr 20!Z- and record under King County Recording No. 2of ! /70 (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of. Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ /VA7 ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way _ — - By:,- Its: {Ai.1' j I m Date: Z Grant By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, tr e< r 3 to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this [ - day of 12015 f=' AG % tis}����.ISION t�T�r' (typed/printed name of notary) PUBLIC = z Notary Public in and for the State of Washington. %❑ t yl �� ;�fi;�� [ti il�+A� My commission expires l �J al-��r3 WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`l Avenue South Federal Way, WA 98003-6325 20140109000563 KING COUNTY, Up RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): 2,C7 (Z 12 16100 2,04 Legal Description (Abbreviated): Lot / [ D of the Plat of Wynstone East, King County Recording Number L012.1-2, U 5 0 0 181 -% Assessor's Tax Parcel ID Number: q s s [ G CD Plat or Building Permit Application Number: 12 [ OZ 0220 — S L,( . COURMY °,ECOPOM C; or, Amount Released: $ -,701 5 . +C) M IZUaM FOR VAi.it]MAYDI UK U1iACYA5.9iwr, ?yr,,-4, r mi,=N THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of C " Y , 20 f-?7p by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated Gl l Z an reaorde under King County Recording No. 001ZI216n0 2U41 (the "Covenant") with �,r�CW Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way gy: Its: A Arw fM-4f�- Date: jW Grantor By: y-a r STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, G ,�, tF- 6 -S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this I "j1't 0 day of N 3. 6,CL4.t,� - I / / /$ 0"Ar". . �- ' Doti �+ O (typed/printed name of notary) T�r, .e . �•� �°; ; Notary Public in and for the State of Washington. tiN $` • Q �► My commission expires 61 I r S 1 r �j��rrJrlllr`�,, ak 5 WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 W4 Avenue South Federal Way, WA_. 98003-6325 1111111illill 111illi 20131204001149 KING COUNTY, WA RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ('Grantor'): Reference Number(s) of Related Document(s): 0--' q- 0 Legal Description (Abbreviated): Lot 'Z-5 of the Plat of Wynstone East, King County Recording Number O I z l 2 D O l Assessor's Tax Parcel ID Number: 41576,50 ct� 2 S Plat or Building Permit Application Number: 12 - G 0 Zb2c) Amount Released: $ THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this :Z:Z day of 61t ZrM . - , 20 j_ by the City of Federal Way {the "City"). The C11y entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated ?-DI,2-and record under King County Recording No.2 a/Z/Z/ 2061 cj],j (the "Cove an nt") with WO Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $,; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way Its: , m r )4 & IMP i-J A Date: ///2,7,1 / Grantor By: ` tcs - y- STATE OF WASHINGTO ) ) ss. COUNTY OF KING) On this day personally appeared before me, ��'�� to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that h they executed the foregoing instrument as his er heir free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of Q 24a _�,�,Rya�►►ustsl (typed/printed name of notary) Notary Public in and for the State of Washington. -Z—My commission expires 2e� i 14725 SE 36th Street, Suite 200 Bellevue, WA 98006 RECEIVED BY COMMUNITY & ECONOMIC Tel.425.455.2900 DEVELOPMENT DEPARTMENT Fax 425.646.8377 JAN 16 2014 0uadrantHomes.com January 15, 2014 Ms. Janet Shull Senior Planner City of Federal Way 33325 81h Avenue S Federal Way, WA 98003 Re: Wynstone East Open Space Fee -In -Lieu Dear Ms. Shull: Enclosed is a check for $24,184.40 for payment of the the Open Space deferred fee for lots 2 — 4, 8, 9, 11, 14, 15, 74, 75, 77 and 78 in Wynstone East. The amount per lot of $2015.40 is one-half of the total fee that, through agreement with the city, was deferred to payment at building permit. I have enclosed a copy of your letter dated November 6, 2012 to Pete Lymberis for reference. Quadrant has been issued building permits for these lots; however, we found in a year-end review of our accounting that the fee was not collected or paid for the subject lots at permit issuance. We sincerely apologize for the oversight and submit the enclosed payment so we may be current with the city on this obligation. Not sure to whom the payment should be made, I have sent it to you hoping you will route it appropriately. Thank you in advance for your assistance. Please call me if you have any questions or need further information. Sincerely, THE QUADRANT CORPORATION Bonnie Geers Vice President of Community Development CC: Enclosure File Wynstone East - Federal Way, WA Lot Open Number Space Fee - in -lieu �- 6 2,015.40e o✓�� TVIJ U 10 2,015.4b-- 12 2,015.40 17 2,015.40 18 2,015.40 19 2,015.40 20 2,015.40 21 2,015.40 23 2,015.40 24 2,015.40 27' 2,015.40—V,6CKujvJ 28 2,015.40 29 2,015.40 30 2,015.40 31 2,015.40 53 2,015.40 54 2,015.40 55 2,015.40 56 2,015.40 57 2,015.40 96 2,015.40 97 2,015.40 103 2,015.40 104 2,015.40 105 2,015.40 1q6 2,015.40 111 2,015.40 112 2,015.40 113 2,015.40 114 2,015.40 Totals 60,462.00 34 LOTS Lots 51,27 and 107 will be paid by All City Escrow Open Space Fee - Lot in -lieu 2 2,015.40 3 2,015.40 4 2,015.40 8 2,015.40 9 2,015.40 11 2,015.40 14 2,015.40 15 2,015.40 74 2,015.40 75 2,015.40 77 2,015.40 78 2,015.40 Total 24,184.80 CITY OF :. Federal Way MEMORANDUM Community and Economic Development Department DATE: March 27, 2014 TO: Isaac Conlen and Tina Piety FROM: Janet Shull SUBJECT: WYNSTONE EAST (fka CAMPUS CREST) - (12-102820-00-SU) 700 SW CAMPUS DR Please find attached Release of Covenant document for LOT 27. The following are the next steps in the process: I. Isaac, please sign the attached release document and when finished route to Tina, 2. Tina, please make a hard copy of the covenant/release document for our fifes and route hard copies back to me. 3. Tina, please transmit signed copy of the covenant/release documents to the Escrow agent utilizing the attached prepaid mailing label. Thank you. WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 Bch Avenue South Federal Way, WA 98003-6325 1111111111111111111 Ili Ili 111111111 20121219001977 QUADRANT HOMES COV 75.00 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L mberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot ;;Z,i of the Plat of Wynstone East, King County Recording Number 20 ! 2 ! 2 D G (2;>o (5t l Assessor's Tax Parcel ID Number: TS7 BSC) 02-7 C;) Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(.l)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf' of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 81h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: PLA !-( I" C- l-4 A*4 � Z Date: ll 2 'Z- Grantor By: �y7 STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, p, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this-3 v -Iu day of nJ v�l� vL• 0 E 201 Zr i�l�.�.=s a f�..` ~ _ (typed/printed name of notary) X1 a' N fl7AR + ':y Notary Public in and for the State of Washington. ), N' ± My commission expires pUDL1G i 7 =_ A . �A �I City of Federal Way By: - 1 Its: N Aiq A46-M= Date: 3 2YL Grantor In STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20—. , (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 81h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: CityofFederal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Qy aOVc�t�IT Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, t�, King County Recording Number �]� �.1 s Assessor's Tax Parcel ID Number: 57 83S0 027 _- Plat or Building Permit Application Number: 2 l a 2 �Zd --S Amount Released: $ -Z- dj S. f-C THIS RELEASE OF COVENANT o OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this _ I day of p.CLC.Iff , 20by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 11 �O?Q �Z- ano recqrdeo under King County Recording No. 2D 2 / 2 / 9 0a9 77 (the "Covenant") with Optte Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. 4CITY Of �. Federal 'L1'Vay DATE: September 30, 2013 /p MEMORANDUM Community Development Services, Department TO: Isaac Conlen and Tina Piety FROM: Janet Shull V SUBJECT: WYNSTONE EAST (fka CAMPUS CREST) - (12-102820-00-SU) 700 SW CAMPUS DR Please find attached Release of Covenant documents and a prepaid mailing label for the above -referenced project. The following are the next steps in the process: f. Isaac, please sign the attached release documents and when finished route to Tina, a. Lots 22, 76, 98, 102, 108, and 109 V2. Tina, please make a hard copy of each of the covenant/release documents for our files and route / hard copies back to me. �3. Tina, please mail original signed copies of the covenant/release documents to the Escrow agent using the attached prepaid mailing label. Thank you. MEMORANDUM CITY OF Federal 11'11ay DATE: December 3, 2013 Community and Economic Development Department TO: Isaac Conlen and Tina Piety FROM: Janet Shull �W SUBJECT: WYNSTONE EAST (fka CAMPUS CREST) - (12-102820-00-SU) 700 SW CAMPUS DR Please find attached Release of Covenant document for LOT 16 and LOT 110 and a prepaid mailing label for the above -referenced project. The following are the next steps in the process: 1. Isaac, please sign the attached release document and when finished route to Tina, a. Lot 16 b. Lot 110 2. Tina, please make a hard copy of the covenant/release documents for our files and route hard copies back to me. 3. Tina, please mail original signed copies of the covenant/ release documents to the Escrow agent using the attached prepaid mailing label. Thank you. MEMORANDUM CITY OF Federal 'Way Community and Economic Development Department DATE: November 21, 2013 TO: Isaac Conlen and Tina Piety FROM: Janet Shul SURIECT: WYNSTON AST (fka CAMPUS CREST) - (12-102820-00-SU) 700 SW CAMPUS DR Please find attached Release of Covenant document for LOT 25 and a prepaid mailing label for the above - referenced project. The following are the next steps in the process: Isaac, please sign the attached release document and when finished route to Tina, a. Lot 25 2. Tina, please make a hard copy of the covenant/release documents for our files and route hard copies back to me. 3. Tina, please mail original signed copies of the covenant/release documents to the Escrow agent using the attached prepaid mailing label. Thank you. MEMORANDUM CITY OF 4�. Federal Way DATE: January 15, 2014 Z TO: Isaac Conlen and Tina-PZUy Community and Economic Development Department FROM: Janet Shull �5 SUBJECT: WYNSTONE EAST (fka CAMPUS CREST) - (12-102820-00-SU) 700 SW CAMPUS DR Please find attached Release of Covenant document for LOT 1 and LOT 13 and a prepaid mailing label for the above -referenced project. The following are the next steps in the process: �HO 1. Isaac, please sign the attached release document and when finished route to Tina, a. Lot 1 avLot 13 _ 2. , please make a hard copy of the covenant/release documents for our files and route hard co ies ba to me. 3. T f p ease mail original signed copies of the covenant/release documents to the Escrow agent using the attached prepaid mailing label. Thank you. WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 11111111111111111111111111111 20121219001766 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:23 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L mberisQuadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 2 0 rZ 1 2 o,5 o O l a i Assessor's Tax Parcel ID Number: f ) 57 550 00 10 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(l)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8th Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way Its: QLf� ; r Date: l l Grantor, By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, ' P) E LYr%-,(s E-ru S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3c>Ic+ dgy o6 r 12 201-;,, psiirrer���� _ ;+ II C ff 1,V( S1flH fa VVcAcA ►► Q,O �YNt. (typed/printed name o notary) �.� Notary Public in and for the State of Washington. ? v+': PUBL�G p2 ►►► My commission expires q EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a// municipal corporation Entity Indebted to Grantee ("Grantor"): QC4 A f V-a47�7 'T-ToM eS Reference Number(s) of Related Document(s): 01 ZrObS on 1817 Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 20[ 2-1 �6) S 0 � ! 8 i 2 Assessor's Tax Parcel ID Number: q S 7 Plat or Building Permit Application Number: Amount Released: $ 2 `J . / 2 -10 2 82 d S c-c. THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this �_ day of Qr fvL�..2 , 20J L by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 0 -- 24W Z and recorded under King County Recording No.70(the "Covenant") with 15 Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ IV A— ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: (1—(L A &t3— Date: / Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 720. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 �11111111111111111111111111 20121219001778 B�::I�a�qKING COUNTY, u�Co. 75-00 COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number Assessor's Tag Parcel ID Number: otzlzoG coo/817 'i S7 SSo ol3o Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By Its: iu G 2 Date: 1 1 /Z$' 12- Grantor By: "4 Z1 �1 STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, new J_ ivy /3ti S , to the known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3v-y�-i day of p; t--]L--y, 2012- J GL� (typewprinted name of notary) ,++ �; ••' iopw F •.' j Notary Public in and for the State of Washington. t7►' ti �, t1D�AAY+: k My commission expires w PusU� ' r � �7 .......... t5�R ' y'E►; �fOF W A5H++t EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): _ 2- d ln�� Jr Oy PJ 7 Legal Description (Abbreviated): Lot of the Plat of Wynstone East, 11, King County Recording Number J�'L 0,50(216(7 Assessor's Tax Parcel ID Number: q S 7 E3S0 bl -? C] Plat or Building Permit Application Number: - j -Z - -LC-) —:0 -9-� 2 p - _. Amount Released: $ 2 Q1 5, 4 C THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of 20A by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated �1 ?p 7i4C L- and recordeo Vnder King County Recording No. 2 Ci0177Athe "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ jk- ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect_ City of Federal Way By• Its: Date: Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of (typed/printed name of notary) 20 Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 III�D�IISIVINIINInIIAIVMIINI�IVIIIII�V 20121219001781 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:23 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis,Ouadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 1 (0 of the Plat of Wynstone East, King County Recording Number 2 D 12 1 Z O Tj CXO Assessor's Tax Parcel ID Number: % 5 % a5c) O i Ce c Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8"' Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way Its: MC--? (C- Date: l k Z Granto By: -; , STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, �- Ll 0, t-y2r S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this OTd day of 1 &,A S cYZ . 20 / L F A edlpnted name nnotary) 4 �OTaRY ILNotary Public in and for the State of Washington. %Nam;.. PVdL1,G, ■�:=N My commission expires _ `I pl WA .i MIC, i l: M31 WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ('Grantor'): Reference Number(s) of Related Document(s): 2. 0 -7 Legal Description (Abbreviated): Lot 1-CO of the Plat of Wynstone East, King County Recording Number 2 (7i Z Z OCR / a Assessor's Tax Parcel ID Number: TS-7 0 Plat or Building Permit Application Number: Amount Released: $ -2,o l E5. -4 0 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated ! l - ??,o- 701'2- and recorde under King County Recording No. 2,012./ 2 / 9 Ol70 (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way Its: -PDr Jo w cd lei ��- Date- Grantor f LIM STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 86' Avenue South Federal Way, WA 98003-6325 I'll '1111111111111111111111111111 20121219001972 75.00 Siw"o.,. COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): _ Pete Lymberis. Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot i� of the Plat of Wynstone East, King County Recording Number 2 l 2% Z O S 00 t F251 Assessor's Tax Parcel ID Number: '757850 0220 Plat or Building Permit Application Number: ] 2-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal '� ;: ,, Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached her cto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way Its: C-1—� _ttl 2 Date: 0 Z8 117 Grant r By: ear AYE' I - �z STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, ,•►tip +ems , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this`3ol w day of di L) v C1n„ 3 eye- , 201 z Qk = (t�ec nn ed name of notary) V: •' Z P'TMr ': Notary Public in and for the State of Washington. ■ i A G N My commission expires L B! _ o X� -�_OF w�5'�'��+F EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"):[ -- Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lotl, of the Plat of Wynstone East, King County Recording Number _ 2O 12. i2 P�O 61 g 77 Assessor's Tax Parcel ID Number: q 5� O Cn Z Z c�> Plat or Building Permit Application Number: i2 r /O Z Z O Amount Released: $ �. THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of , 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated — P,Q/-Z, and recorded under King County Recording No.00 Z 2I 0b Z.(the "Covenant") with Z ri���rantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $__V_A— the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Date: 3 O Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oa-111 swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of (typed/printed name of notary) 20 Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 �20121219001975 QUADRANT HOMES COV 75.00 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot Q-51 of the Plat of Wynstone East, King County Recording Number Zy CZ / 2 O S O O (8517 Assessor's Tax Parcel ID Number: 7 S7 8Sn o 2-So �- Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: PL,f,.r f t (+-u CV G 2 Date: k t / Z- ,'/ 1 Z Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, 7 E- L Y'.,. (yz I S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this , v a day of rJ �,/L w.� _ _ 41 20 1 Z �i +'f (typed/printed name of notary) �► C'l?: 'Q":� Notary Public in and for the State of Washington. : d 110TAR ' �•� My commission expires =f + 7 Pusoc ,r O -���OF Wks��ii► EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): L.. & d dca44-:t-- -QC Reference Number(s) of Related Document(s): D 2 jib S 00 Legal Description (Abbreviated): Lot 2-5 of the Plat of Wynstone East, King County Recording Number Z O / z / �Z 6 , D c.18) / 7 Assessor's Tax Parcel ID Number: 157650 d 2 S O Plat or Building Permit Application Number: 12 - G o 2Z lc) - 5 Amount Released: $_�� B� �j, 7 TFUS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this :7� day of A& MbEg, 20_L72__ by the City of Federal Way (the "City"). The Ci,t�y! entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated r — - 'lam 14 record under King County Recording No. Z 0I ZI ZI `!66 Lg 7,5 (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ f ^; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way - r- Its: iJ A C-6,I- Date: Z Grantor LM STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20_ (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 111111111111111111111111111111111111111111111111111 20121219001989 QUADRANT HOMES COV 7500 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes_ Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot -7(p of the Plat of Wynstone East, King County Recording Number Assessor's Tax Parcel ID Number: !2 5J 7 e S n C;,7 Cp O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on 4ic house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8th Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way Its:1__ (� �• Date: ll 2Z ('L Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, ;-)c- —, L L i v , 3 L- ye-i , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 36,ra day of 0 r,l �= � 8e2 2OI L I t i� , • . gSION ,` (typeeprmted name oe no;� y T: �i'0 R Notary Public in and for the State of Washington. to • pUBV %r, 2 %� My commission expires �� f +` OF W'Ar�,�t�t►+ EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot —7 U of the Plat of Wynstone East, King County Recording Number Z 01212 05 C5 0 (8 / --7- Assessor's Tax Parcel ID Number: '--/ S 7 S SO 0-7 (0 0 Plat or Building Permit Application Number: (2 — d Z �3 ZCD — S C,4,� . Amount Released: $ THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of , 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated ?Q 74 Z• and recorded under King County Recording No. 20 1 Z 4 0&&1qthe "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ fv` 11 ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way Its: N l N'JAQE11_ Date: a Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20J . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 111111111111111111111111111111111 20121219002032 QUADRANT HOMES COV 75.00 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L.ym eris, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot I b of the Plat of Wynstone East, King County Recording Number 2. O[ 2 12 O S 00 4 81 Assessor's Tax Parcel ID Number: 15 7 e>50 047 00 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal WIN_ By: Its: F f-P,,"4}4 _ M��J 2 Date: it Grantor By: 7V STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, R'E L- Li L,„ geLn215 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this `'-)c,--r44 day of j,.; , 201 ✓� �{c�1-aL S vr- �4t+if�.�.�.'-••Apec 1printed name of notary) �T,� ;y Notary Public in and for the State of Washington. v Nam•+Y Lo PUBL%G Z My commission expires q 1 � �OF W EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): S Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot I F) of the Plat of Wynstone East, King County Recording Number 2a l z i Z O s d 0 (8 l -7 Assessor's Tax Parcel ID Number: c7 S7 cSS(f:> d [ 8 Plat or Building Permit Application Number: 2 O Z 2 0 -- -S Amount Released: $ 9�2f' S. 4 Q THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of , 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated «— � O — Z-01 .and recorded under King County Recording No. 1-0Q2O-32(the "Covenant") with G Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of tk fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa By:� Its: Al'� N1 [ tiLCy M4 A.6e7R— Date: 3, O Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , (typed/printed name of notary) r6M Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 86' Avenue South Federal Way, WA 98003-6325 II��VIII'Y�IIIII�II�IpIIIn911�R 20121219002033 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:52 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot I0�L of the Plat of Wynstone East, King County Recording Number __2 0 12. 12 C718i Assessor's Tax Parcel ID Number: '7G7 052 1020 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2 015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa By: Its: PLPI-t 1—t I &?y q Date: 1 [ $' Grantor gy_ AIP 1 r--3e. — lZ-- STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, i rTr- !_ I- vM 13 O— Z L S . to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this Z ( yu day of JA>,„ C- V1, 8 ? 0, )-. "K, `4}ti Cly� lls c =,=y (typed/printed name of notary) `ti `.N • fo i;'y Notary Public in and for the State of Washington. My commission expires •- PU®l.AG z �` A.1H Y17.1 WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): fif 2jr �•S Reference Number(s) of Related Document(s): Z0/ 212 00 ZD3S Legal Description (Abbreviated): Lot !boL of the Plat of Wynstone East, King County Recording Number ZG 12 %2 b 57oc>/ 81-7 Assessor's Tax Parcel ID Number: _ g S 7 B S CD l b 2 O Plat or Building Permit Application Number: f 2 ^ r0 2 &Z d Amount Released: $ THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of .20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated Il " - 210(-,Z- a d record d under King County Recording No. a ? 2 1 Tjpp the "Covenant") with Cr,Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ 1VAr- the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By. Its: PLJNH i NG P+JAC,,W Date: I ae I Grantor In STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of .20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 III I 1111111111111111111111111 20121219002039 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:52 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L mberisQuadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot LOS of the Plat of Wynstone East, King County Recording Number 2-012 / Z O 5 00 (8( Assessor's Tag Parcel ID Number: _!7 S-7aso locso Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and small be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal W Its: R—A4-4r.L 14-44- Date: I ( / Z,? Grantor By: !� STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, _ C -jj,-,6 ey2 J S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this So day of 1J�20 !z_ jillf A 4►•.• �cNj (typedlpnnted name of notary) � $�NpAgr Notary Public in and for the State of Washington. My commission expires;- N s UDL1G Sr =,c{`4FA�flly► EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 Bch Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): -- Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 10 8 of the Plat of Wynstone East, King County Recording Number 2,01,217,Q S OO (8 7 Assessor's Tax Parcel ID Number: q 57 8 50 / O i90 Plat or Building Permit Application Number: _ _ o - to 2 a ZO - S CA - Amount Released: $ 210 / J, T O THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of , 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 30 - ?.t Tand recorde under King County Recording No. 201 Z( ZI f pp 2037 (the "Covenant") with rantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ IJ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa Sy: Its: 146 M At4 Date: 13�� Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this . day of , 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 20121219002040 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:52 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION ,FOR.OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 2y l Z 12 O S m � at7 Assessor's Tax Parcel ID Number: [ 5 7 E55cD 1090 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8'h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa 13v. Its: P���G'�_ Date: 11 8A 2-- Grantor By: 411e -/1 STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, L-1 q,2 e 21S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 0 7 N day of rJ �JL �- . 20 I l AC 8s+orv' C; j (typed/printed name of notary) NOT�Y ti, ; Notary Public in and for the State of Washington. 1°UBL%c - ,N My commission expires 9_����6 A0+��� -�1' �'`• y~ `of W A;yt +f+ WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): qp[T` Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 1pa of the Plat of Wynstone East, King County Recording Number 20 t 2% 2 o S d(D l 8 l 7 Assessor's Tax Parcel ID Number: q- S 7 S S O (d ? Q Plat or Building Permit Application Number: Amount Released: $ ze,5C) THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 11 3o — ?: jk and recorded under King County Recording NoZA/ 2 ZI 200M (the "Covenant") with Qjad t Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ �J �— the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: ,?(--NN N I c6�R— Date:- / -3 V I I Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , (typed/printed name of notary) .20 Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 .20121 PowPON,» COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): _ Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot / r O of the Plat of Wynstone East, King County Recording Number Z O% 21 Z d S o o/ 81-7 Assessor's Tax Parcel ID Number: Cf 2-aSID /100 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal W By. Its: Date: (Z Z Z_ Grant r By. STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, Pc-]L , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this '3 6-7 P day of .) crV��� 3 g 2 20( z_ -� V- ..�=C�` __ type d�lpnnted name of notary) 4''�� C7:� • 9syQ�'•.'L ? Notary Public in and for the State of Washington. My commission expires ci Lid G :Q O' t5•,••tia�Fi�► -��F W 00-�01a MC1111_:3_V M WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City off Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): _� knws Reference Number(s) of Related Document(s): 26 (Z l 2 6100 2,04 1 Legal Description (Abbreviated): Lot f 1 a of the Plat of Wynstone East, King County Recording Number D 'L. o 5 D O [ Assessor's Tax Parcel ID Number: T 57 F35 n [ [ O n Plat or Building Permit Application Number: 12 Amount Released: $ 2► D� 5 - n THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this rj day of Pat&71 gj?g =_ 20 i2--7 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated G'l — l Z an recorde under King County Recording No. 20121ZL 1 0 2t)4 / (the "Covenant") with t,fo>�I IGrantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way Bye Date: f Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, f , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of (typed/printed name of notary) ,20 Notary Public in and for the State of Washington. My commission expires MEMORANDUM `'k Federal Way DATE: February 6, 2014 Community and Economic Development Department TO: Isaac Conlen and Tina Piety FROM: Janet Shull r SUBJECT: WYNSTONE EAST (fka CAMPUS CREST) - (12-102820-00-SU) 700 SW CAMPUS DR Please find attached Release of Covenant document for LOTS 5, 26 and 107 and a prepaid mailing label for the above -referenced project. The following are the next steps in the process: L Isaac, please sign the attached release documents and when finished route to Tina, a. Lot 5 b. Lot 26 c. Lot 107 12. Tina, please make a hard copy of the covenant/release documents for our files and route hard copies back to me. Tina, please mail original signed copies of the covenant/release documents to the Escrow agent using the attached prepaid mailing label. Thank you. WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'b Avenue South Federal Way, WA 98003-6325 III 11111111111111111111111 20121QUADRANT PAGE-001 OF�219001770KING COUNTY, UA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lyrnberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 5 of the Plat of Wynstone East, King County Recording Number 2 01 2/ Z O S DO 125 l Assessor's Tax Parcel ID Number: q S7 0 s O DO 5 O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2 015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shalt be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: (\ t 2- Date: Grath _ By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, Pek:- Lwvu; ,z�yz.i S_ , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ' 6- 0-i day of _ )j [-V rl, k-a- 201aa +till �,. AC1��'-� ►► 4 'tkOTARy PUBLp 9_ p 14 f '►r�I�W Nllll , Cyr r�l C ke,3 i11_ (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires L1 1 / 5 1 , t5— EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 Bch Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: Cityof Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Q dy-&w + .� !2 Reference Number(s) of Related Document(s): 2W Z S O O l & Legal Description (Abbreviated): Lot --�? of the Plat of Wynstone East, King County Recording Number 00 g l 7 Assessor's Tax Parcel ID Number: 9 5 %8 SC--) 00 5 O Plat or Building Permit Application Number: 0 o��-- Amount Released: $ 12, a1 :5. 4 0 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this (p day of Iv/arz , 20_]_q by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated // 4 - 2,02 "Z- anq reco d under King County Recording No. ��iCJ(the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ Nam- ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way Its: k�nP4141F-+�a �.r-[►kG€2 Date:_ 2— � Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20—. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 20121219001976 QUADRANT HOMES COV 75.00 KING COUNTY, UP COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymheris, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 'Z_% of the Plat of Wynstone East, King County Recording Number 2 O (2 % 2 D r—✓ O O/ g l Assessor's Tag Parcel ID Number: �' 57 B5© D 2 Cod Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: S2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way S' Its: T-n Date: Gr7ze, By: IV STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, tE: TL !_ o c(2.a 5 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3 v-TH day o20 ) �- jjj//". . - 11--� W A e__� fits+ (typed/printed name of notary) s N =•' sioiy r toT� Notary Public in and for the State of Washington. u NF•_Y My commission expires I + 1 IBLIC •. :• ti s EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 86' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: Cityr of Federal Way, municipal corporation ay Entity Indebted to Grantee ("Grantor"):t�7dfh'�s�� [ 1U' "es Reference Number(s) of Related Document(s): �l6,5 00l 8 ( Legal Description (Abbreviated): Lot VP of the Plat of Wynstone East, King County Recording Number �Z C?j -ib S DO 8l7 Assessor's Tax Parcel ID Number: _T51 650 Plat or Building Permit Application Number: _ 12 —1292-02-0 Amount Released: $ - L-) / s . f C) THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this _ r„ - day of i'911ZV20 l q- by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated and recorded under King County Recording No. 2a1 Z 1219 4ol QJ 7& (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount off Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By -- f-� Its: lrbc4 ffA�Z- Date: 2 Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 _. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 20121219002038 KING COUNTY, gjp COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymheris, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot i b-1 of the Plat of Wynstone East, King. County Recording Number 2-01Z 120 5 OC7/8( Assessor's Tax Parcel ID Number: _ 9 5 7 8)G0 1070 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (M) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8th Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa By: Its: (1LPr�4 %.4 iA42 M6 4 Date: Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this -5 6T-w day of —N n JC�v� e12_ 01zr ►ssF+L��• Ae (typed/printed name of 1 � gS1414 � •. w.a*NOTAR :? Notary Public in and for the State of Washington. My commission expires : -:5 PusuG Q•......•H� !;r _._r wAs'�It+ EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Qygd n,-t'7` 4mes Reference Number(s) of Related Document(s): 2,0(-14 �- O O (8 ! 7 Legal Description (Abbreviated): Lot i D of the Plat of Wynstone East, King County Recording Number 2U %2�� S 0 a) l ` 7 Assessor's Tax Parcel ID Number: 957 85 c:::> `d 7 Plat or Building Permit Application Number: L► '" 02-93Z0 - s �- Amount Released: $ 2, 0/ 5, 1� U THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this 6 day of 20_LLf_ by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated / / -3 0 anqrecor-dp4under King County Recording No_ 2 O ! S !7% I90 the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: - Date: 2 A Grantor By. STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires MEMORANDUM CITY OF � Federal Way DATE: February 6, 2014 Community and Economic Development Department TO: Isaac Conlen and Tina Piety FROM: Janet Shu11 SUBJECT: WYNSTONE (fka CAMPUS CREST) - (12-102820-00-SU) 700 SW CAMPUS DR Please find attached Release of Covenant document for LOTS 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 17, 18, 19, 20, 21, 23, 24, 28, 29, 30, 31, 53, 54, 55, 56, 57, 74, 75, 77, 78, 96, 97, 103, 104, 105, 106, 111, 112, 113, and 114. The following are the next steps in the process: 4 Isaac, please sign the attached release documents and when finished route to Tina, Tina, please make a hard copy of the covenant/release documents for our files and route hard / copies back to me. 'a. Tina, please transmit signed copies of the covenant/release documents to QUADRANT HOMES. I need to check with Quadrant as to how they would like the signed documents transmitted. See me for that direction if I don't get it to you in advance of documents being ready to transmit. Thank you. WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8" Avenue South Federal Way, WA 98003-6325 QUADRANT2012,1�1PAGE-001 OF 21900176CO 7S.00 7KING COUNTY, a COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L mberis uadrant omen Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 2 of the Plat of Wynstone East, King County Recording Number 2 012 1 2, O 5 OC) / S Assessor's Tax Parcel ID Number: C' 5 79 p O 0 20 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070 I b and FWRC 19.100.070(3), the City of Federal Waythe "'City"ily) ()( ) deferred payment obligation for Open Space Fee -in -Lieu eu and/or TransportationnImpactlFeeess ("Covenant"e to a against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent 0 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s)_ The City May th�rovide Co enan�uponate escrow Grantorss payment of above stent with this Covenant. otherwise, the city will release identified fee(s). City of Federal Way B Its: T Date: g Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, !- LEI ,3r"0' ,tome known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. 20 rz GIVEN my hand and official seal this 3614 du of ja� I AC _ � ., . `�i �,t�►....••• (typed/pnnted name o notary) NpTARy� ., Notary Public in and for the State of Washington. 0 10 pUBL%G 2 �� My commission expires •O +�•� �F W A I I It EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee (f°Grantor"): Reference Number(s) of Related Document(s): 4/ �00 l 8`'7 Legal Description (Abbreviated): Lot 2 of the Plat of Wynstone East, King County Recording Number O 2 M S Q 0 8% Assessor's Tax Parcel ID Number: L'i S 0 Plat or Building Permit Application Number: D 2 82 0 ---S Amount Released: $ b i 5 , Q THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "`Release") is made as of this 6- day of � 201_4__ by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated //- Z- and recorde under King County Recording No. � / 24 p C (the "Covenant") with yt Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms ofthe covenant, upon Grantor's payment of the fees in the amount of. Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ A) A- the Covenant. �; the City will release Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, ail of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa B' Its: ► 65;0� Date: Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) to me On this day personally appeared before me, known to be the individual described in and who executed the foregoing instrument, and on oath swore that she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires A It WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'h Avenue South Federal Way, WA 98003-6325 1111111111111111111111111111111111111111111111111 I20121219001768 PAGEONI VIVO KING COUNTY, A COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes. Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot __3 of the Plat of Wynstone East, King County Recording Number Assessor's Tax Parcel ID Number: Zo 121 2 05 00 !81 5 7 S 50 o03o Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant'') against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`b Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa Bv: Its: P —?-� �—( i,� M 6 (Z._ Date: \ l 2_ q (-Z Granto By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, Pr�E:7- L �i vn b e-r ' _ , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of v . _ 20 . ►�i�y{ ;ss1°�? (typ Los name onotary) cad: � N-T')'` Notary Public in and for the State of Washington. PUB, ' 2 My commission expires y l! S r 5 OF �W A'.0,41+i► EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8" Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): (,1 dodo Reference Number(s) of Related Document(s): 20 2�2[7s 00 (g( Legal Description (Abbreviated): Lot of the Plat of Wynstone East, r King County Recording Number `,7W -2- 0 5 GxD 18 �7 Assessor's Tax Parcel ID Number: _'? 57 8 50 Plat or Building Permit Application Number: _ -- /OZBr�O S Amount Released: THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this 4�1 day of fV1 20/d�: by the City of Federal Way (the "City"). The Ci entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 0 - �l 2- and recoqeo under King County Recording No. ZO/Z19/ f p "Covenant") with GrBtl� Grantor to provide for deferred payment of the refereedthfee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the Covenant. the City will release Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all Of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall.have no further force or effect. City of Federal Way By: Its: Date: f Grantor BY: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) to me On this day personally appeared before me, the foregoing known to be the individual described in and who executed hishis/her/their_ free and vtoluntary acth swore that he/she/they executed the foregoing instrument and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of _ 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 20121219001769 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:23 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis. Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 2/ Z o S b o M 8 Assessor's Tax Parcel ID Number: q 5 7 a5e) C>0 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: I l $ Date: Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, Phi= L !� w, 6 to 15 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this O-rtA day of �s,���,. L- - 201d- _ L i $10ht +. (typeiip/prmted name of notary) TARyNotary Public in and for the State of Washington. PUBI.%G 2 My commission expires 15 4 OF W i EXHIBIT A WHEN RECORDED, RETURN TO - City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): �z oar 8r 7 Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number �� �!.y �] 00 f 3 / 7 Assessor's Tax Parcel ID Number: Plat or Building Permit Application Number: 2, ' lO 2 87i� Amount Released: $ S 11 Ol vim, 4 d THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this (o day of i � > 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated / / — 3 0 7�17�drZecd under King County Recording No. 0 219 / DO � 7� � (the "Covenant") with'�rantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ 0,6,— ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: ,t A�' Date: Z/� Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 , (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 11111111111111111111111111111111111111111 20121219001771 QUADRANT HOMES COV 75.00 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): _ Pete Lymberis. Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot U of the Plat of Wynstone East, King County Recording Number 2,012 12. O S 001817 Assessor's Tax Parcel ID Number: 2 57 S 50 00 CPO Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2 015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8 h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way - B i— _Y• its: PtP,-f4 K ( E4Q fi0 K. . Date: 2,Y'Z Granto _ By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, E--; �- I., /fi t=72I s . to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this o �ik day of hj L,: L , ,N 43'110 ,• AC jy 'c° 01ARY J% a. • pust IG t �tA r2S OF 1 (type printed name 41notary) ... 201 Notary Public in and for the State of Washington. My commission expires 1 EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Gza &3M J k&mzas Reference Number(s) of Related Document(s): '2-0 ` �Z2O S DO 7 A. Legal Description (Abbreviated): Lot Cjl of the Plat of Wynstone East, t2 King County Recording Number O S [ i 7 Assessor's Tax Parcel ID Number: c 1 � 7 0,50 Plat or Building Permit Application Number: Amount Released: $ 41 215, () THIS RELEASE OF COVENANT ofPPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of$(V20 l by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated /— 30 — 00! Z� ano recorqeA under King County Recording No. '2012/V � 177 L (the "Covenant") with c/ Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ Nl-\-- ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: RAOV 460 - f� Date: (v Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20—. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'b Avenue South Federal Way, WA 98003-6325 II�VV��I���NIu�V�RItl��V��illl 20121219001772 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:23 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"):. Pete Lymberis. Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number Assessor's Tax Parcel ID Number: 0/2/2DS 00/SI '7578S© 0070 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way Its:_ P N (lea Me, . Date: l l 8 / 1 -z— Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, -1DT C-- 1—•-t ;z P- •fz , g to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day o r-„' - ;,, :tee , 20 �{�itiy'Ms�a�iill H _ (type printed name of notary) •• + u° NOTY Notary Public in and for the State of Washington. •'•'� _ My commission expires ;�) �i— 7 N� , PllBL�G .� 02 �1► - oil F W IIi ."Fr EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor'): oo a d 14"e- 12 Reference Number(s) of Related Document(s): 1-012 O 56V 8� Legal Description (Abbreviated): Lot _�7_ of the Plat of Wynstone East, King County Recording Number 1,v1 202500 t 6Y 7 Assessor's Tax Parcel ID Number: g 5 7 8 50 o07 d Plat or Building Permit Application Number: / �?- -/0 Z, E520 — S �A, Amount Released: $ 2/ (7 % '�, ,� 0 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of 20-14- by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated �1 ��� ?•�1 and recorded rider King County Recording No. Za(ZI ?_/9Uo 17-7 Z.(the "Covenant") with Ou rantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of I lie fees in the amount of Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: — Its: f4 111- tV)A4-4 G?GF—R Date: Grantor BN!: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 1 WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 11111111111111111111111111111111111111111111111 20121219001773 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Domes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot F of the Plat of Wynstone East, King County Recording Number Z O( 1 Z O rj DO IS 17 Assessor's Tax Parcel ID Number: 015 7 S S O D DSO Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`b Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By Its: tj t 14e fv(c,(t. Date: Grantor By: all 7- STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, � l L 1,), -r�r 5 _ _ _ tome known to be the individual described in and who executed the foregoing instrument, and on outli swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this o-r" da roof N. uyc jM 6 c-, Z 1-2 J .."• r r ;PS oiv + ` (t�ype4rinted name aTnotary) �X L9: X c° N0TRY►: Notary Public in and for the State of Washington. P(BL�G ; 2; My commission expires � I s � i s g �� �Q,`� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): QoaA Vl HIPSMC& Reference Number(s) of Related Document(s): _-�—? 2 2,05 OO %6 (-7 Legal Description (Abbreviated): Lot -5— of the Plat of Wynstone East, King County Recording Number ZO 12 ! 2 O D 0185 Assessor's Tax Parcel ID Number: q 57 .0-50 DO 0 Plat or Building Permit Application Number: Amount Released: $ 7i D( 5, 4 6 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this l l day of '�� 20A by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 0,01 and recorded '`under King County Recording No_ o Z Z d� L7 7 7 the -L "Covenant") with � c� � Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of th fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $�; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By:� Its: R,4r4 01'NG Date: / I Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 I20121219001774 QUADRANT HOMES COV 75.00 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 1 of the Plat of Wynstone East, King County Recording Number 2 01 Z [ 2 O S 00 / -7 _ Assessor's Tax Parcel ID Number: g S% 850 D090 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(l)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015:40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal W By* Its: PC -A -fit tq we;, Date: Grant By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, R 1--7 Mz -,3 i-rzr t, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this r1,4 day o �' E,h:, �3 .20/.2- till<<Ir! ACIr tif' L�CiG£JG 1�1v � �5slo►v �+m� (t ped/prin ed name of otary) . � s U �T . r Notary Public in and for the State of Washington. pUdl.�C My commission expires rj JI s r ..A % b ••'tia �; =�� Of W j% Mpl; EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): 05 a 0 / 80 Legal Description (Abbreviated): Lot / of the Plat of Wynstone East, r�?- King County Recording Number Assessor's Tax Parcel ID Number: 9 S % 8 ✓ 0 0090 Plat or Building Permit Application Number: Amount Released: $ c l 5. 40 2 -- /V 2 820 - sit. THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of N 20_L by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated an recorded under King County Recording No. Z6121 V 1 ] (the "Covenant") with u Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ N A" : the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: P7Af440 L Date: 1( Z/-!� Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of (typed/printed name of notary) 20 . Notary Public in and for the State of Washington. My commission expires l WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 20121219001775 �PAG aCOUNTY, WA K INC; COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 10 of the Plat of Wynstone East, King County Recording Number 20l 2 ( 2 d S co1817 Assessor's Tax Parcel ID Number: 01578SO 0100 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 80'Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s)_ The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: ------ Its: RL=:L F N Date: l L Z-e (2- Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, -11FrE- LL(ww �(-)it i s , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3oTr,a day of �) 14z-- 201z I &Alt_ rr�,,,.•s�p (typed/printed name of notary) OU ,•'r �?-' NQ7ARy �`t ;� Notary Public in and for the State of Washington. PUDt%G 2 ` My commission expires f' / -541 r to 00r'r ~� OF WASH Itl EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 a Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Q,2a- �V�m +- HTMe S Reference Number(s) of Related Document(s): 2z ;fts op 1 8 Legal Description (Abbreviated): Lot 10 of the Plat of Wynstone East, l King County Recording Number � i]I �C] � 00g(:7 Assessor's Tax Parcel ID Number: 01 0/ O 0 Plat or Building Permit Application Number: Amount Released: $ 2, DI 5, 40 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this f day of Fe-SNAa_ 201� by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated ano recor(tCo under King County Recording No.S0 2,1C)0017? S. (the "Covenant") with 2 " Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of. - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: S Its:T ��t ,( tZ6i,k - Date: 2-ItIllil Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 20121219001776 OF 004 KING COUNTY, uA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis. Quadrant Hornes_ Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lott of the Plat of Wynstone East, King County Recording Number 2012- 12 b 5 001817 Assessor's Tax Parcel ID Number: l 5:7 E3 So O 1/ O Plat or Building Permit Application Number: 12-102820-SU _ Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For -each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8th Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way Its: FL-A-tI r, 64 Date: t l �$ 1 Grantor, By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, 'Dar- L- -q 01-S z:ti's , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this `�3o-tg day o20 1 Z vu,� I }+i' t.l!•,!v Ci � �typedlpnnte name onotary) Notary Public in and for the State of Washington. : dNoTARI~ `,i : '" .•.� �°' � My commission expires �' I s� N': �UBL1C' ix `� 15 �_ OF W AS101 t+1j EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): 2,0 C> S d0 i Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number t a r ,l �0 5 Oc-3, l 0( 7 Assessor's Tax Parcel ID Number: � �_ 5 50 0/ l D _ Plat or Building Permit Application Number: _l 2 — S C-C Amount Released: $ d s f THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of U 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated -;a '2,- and.recordepd prider King County Recording No. '20? 2/ 0 /700/770(the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ PA- ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: i Date: 2-All Grantor By-1 STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires t WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 20121219001777 QUADRANT HOMES COV 75-00 KING COUNTY, wA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis. Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot `Z of the Plat of Wynstone East, King County Recording Number 2olZ.12oS o0181-7 Assessor's Tax Parcel ID Number: ci 57 &5o O 12 O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: F�14 1 "(=z Q . Date: \ �(? — Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this D-rpi day of 0 �►v\ 6 cv—, ._ 2012. rAC INVst°H {tpeprmted name of notary) p'NpTARy.:? Notary Public in and for the State of Washington. N ' pills�lCa ?s 1� My commission expires �' I I � °F w i►5's''�'''' EXI MIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 81h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Qya -�- �� Reference Number(s) of Related Document(s): ! 01 A ,5 od � r Legal Description (Abbreviated): Lot ( 2— of the Plat of Wynstone East, King County Recording Number 2❑r � S oo l 81 I Assessor's Tax Parcel ID Number: cl 5 850 0/ 2 O Plat or Building Permit Application Number: _�� — d Z d -- S Cam, Amount Released: $ ❑ 5+ THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this _�_ day of rvArL. 20_[f by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated aqd recorded under King County Recording No.2OI 2W 219OD 1-7 3-7 (the "Covenant") withVad i-ineS Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ Pl� -;the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: _ Its: t-"HN61& cs-2• Date: ( l Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 iN�IY�NVII�N��I�III��V 20121219001779 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:23 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete LymberisQuadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot d of the Plat of Wynstone East, King County Recording Number Z01 2 12 O S DO l8 Assessor's Tax Parcel ID Number: 157 5SO 01 O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40� The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 e Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa By: Its: PL-��-4 N i kL� ml' ez— . Date: l\ Zg 1-2-- Grantor �7- By:- ki STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, . F rTTr to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 14 day of ki u,IC-m _� c� gtff r, �,-r ,���t• s iQ F �typedlprinted name ofnotary) Notary Public in and for the State of Washington. My commission expires ���-oF WA�rrlr. EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal JWay, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): 2oj`ds o o r r 7 Legal Description (Abbreviated): Lot — of the Plat of Wynstone East, ��� King County Recording Number ��� �J d o (7 Assessor's Tax Parcel ID Number: q 7 850 o �O Plat or Building Permit Application Number: Amount Released: $ THIS RELEASE OF COVENANT of OPEN SPACE FEE-W-LIEU (the "Release") is made as of this day of lU 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated �l 2 an rec rd under King County Recording No. ZO/ 2 / 2 /9 00/ 775 (the "Covenant") with ,7 Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ tJA- : the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its:�pil'i•t !J 1 1•0 EYVA GlEn Date: �7fl � // 4z F IF Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 86` Avenue South Federal Way, WA 98003-6325 QUADRANT HOMES COV 75,00 20121219001780 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis. Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot j of the Plat of Wynstone East, King County Recording Number 20 I Z 12 0 5 0216 I Assessor's Tax Parcel ID Number: 257 B 5 Q O( S O Plat or Building Permit Application Number: 12- I02820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant' against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2 015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8'b Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way Bv: Its: Date: Grantor By: STATE OF WASHINGTON ) ) ss- COUNTY OF KING) On this day personally appeared before me, RE(L L -1 pr (3 1z)2 I5 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day 0)Z. +f i++r t+M AC�� -_ i ytrrs 4 : •siok+`jy (typed/printed name f notary) NOTARY': Notary Public in and for the State of Washington. • i �•M i 4 Pusoo -Z X My commission expires s s yr OF W AsH �+ + EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): HW6zS-- Reference Number(s) of Related Document(s): 2,01 L5 S 00 l g` 7 Legal Description (Abbreviated): Lot i�; of the Plat of Wynstone ~East, King County Recording Number ,, S 620 / 8l Assessor's Tax Parcel ID Number: Ol 50 Plat or Building Permit Application Number: t'�i0 a 02i 0 — .5 u� Amount Released: $ 21 01 . 4_ 0 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this _ 1 ( day of fji�b /'UPn , 20A_ by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -ion -lieu dated an record under King County Recording No. 20/ 2/ Z/ 94017the "Covenant") with dV' Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ N14- ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa By: Its: %�l4'w«[> 1"11r. Date.: :ZlI Grantor Bv: STATE OF WASH NGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to fine known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . , (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 80' Avenue South Federal Way, WA 98003-6325 201212�19001782 75.00 QUADRANT HOMS COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L mberisQuadrant Hames Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 11 of the Plat of Wynstone East, King County Recording Number 2 01212 06 no/191 Assessor's Tax Parcel ID Number: �1S785o 0170 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8" Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: LEE STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, L to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3 a141 day of ugh r a L—� = (typed/printed name of notary) N�TAR), 11. � Notary Public in and for the State of Washington. i PVdL1G a My commission expires r �� s �� -15•,, .• t0+ EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 81h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): _Qo2 Reference Number(s) of Related Document(s): 2,0 t 6Ds C)C) 1 Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 20k ��� Od � (2) l 7 Assessor's Tax Parcel ID Number: Cf% 67 b'5 0 b �-j O Plat or Building Permit Application Number: 2 — U)Z �52-0 ^ S L,, Amount Released: $ 2 o I THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this �� day of Jr7OM_, 20_L4_ by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated _2>p an recorde4 under King County Recording No. 7. D V 2 t Z 1900 l 2(the "Covenant") with rantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $— ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federa�Ww By: Its: �LlU Ihr���'• Date: Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 86' Avenue South Federal Way, WA 98003-6325 QUADRANT HOMES COV 75.00 11111111111111111111111111111111 20121219001783 KING COUNTY, UP COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberi& Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 15 of the Plat of Wynstone East, King County Recording Number Assessor's Tax Parcel ID Number: q 67 8s o 0180 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8'b Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way S' Its: pr--t�-,wLj I h-`,6 (L Date: l Zg 2 Grantor' By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, P -rc b ea, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this &Y7p day of o - er-�-- 20t I-- AC - (typed/printed e inted name notary) NOT�Y Notary Public in and for the State of Washington. N Pi1BL%G : 2 �� My commission expires / S�i r . '. % EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): L �� Reference Number(s) of Related Document(s): to c) d ` 1 Legal Description (Abbreviated): Lot offthe Plat of Wynstone East, King County Recording Number V2 V s C D � & ( -1 Assessor's Tax Parcel ID Number: 0) 5 -? 515 C) ©k b d Plat or Building Permit Application Number: 12 - [ 0 Z- 8 2-0-- S LA-. Amount Released: $ 2- F D k S, 14 d THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this _ day of 442 , 20A by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated IL- 3O � 2-0Lan records under King County Recording No. jai I���Od11*the rantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ t4 the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By:, _ Its:MK ' 119 Date: Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, tome known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 11111111111111111111111111111111 20121219001784 �.:ga Hre w: 75.00 COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): „ Pete Lymberis.Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot jjj_ of the Plat of Wynstone East, King County Recording Number 2 01 2 / 2 O E� bn 181 Assessor's Tax Parcel ID Number: 57 8 5n 00O Plat or Building Permit Application Number: 12-102820-5U Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40, The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8'h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way B - ��z — Its: Eft=L4=k U16 2 Date: 1 Z8 j •-t— Gr$IIt 6 r_il_ By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, PIE(E7 [-'jY1('-6L•24 S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this '3 L-r4j dam t, f, 6 va- , 2012_ 4114f 'M,.AC. (tAfe`dlprinted name o?notaiy) N, Notary Public in and for the State of Washington. 7t S : g; � �3�� My commission expires f r-T 1 '5- EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"):l�c`�� JVI Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot AL of the Plat of Wynstone East, King County Recording Number 2d e2 ZO G Od 1 850 Assessor's Tax Parcel ID Number: C)) S0 d 1 0 Plat or Building Permit Application Number: — t 021 �r7� -S Amount Released: $ 2 015, d THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this l l day of G-WVi Xt � 20 j_ by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 11-30 - Z O 2 a d recorded under King County Recording No. 20/ 12l?1l 1� 6017 he "Covenant") with C&2&e2j&j Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $--AA- : the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have: no further force or effect. City of Federal Way By. 1� Its: �'Aj Date: Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t` Avenue South Federal Way, WA 98003-6325 IIIIIIHIIII�IIIIIIIIIIUIIIII�IIIIIRIIIIu 20121219001785 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:23 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L_ mberis. Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 4L-0 of the Plat of Wynstone East, King County Recording Number 2-012 1 Z 0 S 00181 Assessor's Tax Parcel ID Number: R 57 E350 O 2 O O_ Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2 015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8'h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: DL6=ttc r c (ntC,, Date: l Z 'l— Gran By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, L Li Usti P, n2 15 to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this " v-7i-1 dam 2 Q � nn � AC `4s v11;......!��` (type punted rnaine o notary) ,stion� #j Notary Public in and for the State of Washington. L t� t%OTAq), �s+: am -we`" i My commission expires 1 1 P(IBL%G r 2 ` -- �F W A5 "+ EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 20 of the Plat of Wynstone East, King County Recording Number 20 q t' ZO 5 0 t' Assessor's Tax Parcel ID Number: q 57 SSc) O2o C-p Plat or Building Permit Application Number: 1 r o 2-Zd - --�C A— _ Amount Released: $ '2-, COLS+ THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this fi day of 20_L� by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 8- p - 2012 and recorqeA under King County Recording No. 00I0/0/9 00 1789 (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ PA- : the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: Date: Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 80' Avenue South Federal Way, WA 98003-6325 12/1912012 20121219001971 COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot Z- of the Plat of Wynstone East, King County Recording Number Z O1 Z (Z 05 00181 Assessor's Tax Parcel ID Number: '157 S 50 O 2(O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s)_ The City may provide separate escrow instructions consistent With this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: PLC t-A c r-% mG 2 _ STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, Ly vh.a C-a2I S P to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this < i day of AWL= , --rz_ ; 20) 2- +1' AC ti►sILL b, � (tyieWrinted name of notary) �ypTARy Z Notary Public in and for the State of Washington. My commission expires � 1.6 WA�s;;�ft' EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 81h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal rWay, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): `Z l Z O SU O l S l Legal Description (Abbreviated): Lot Z of the Plat of Wynstone East, King County Recording Number '2-0 t2 (2 OS OCD l b k I Assessor's Tax Parcel ID Number: q S-7 �j50 OZ ( O Plat or Building Permit Application Number:.�- Amount Released: $ 2 d THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of E4qKVW 24K by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated //— — 2�0('2— and recorded under King County Recording No-2,0/ f Z/ 971 (the "Covenant") with q1ja Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of th fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fe( the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa By: Its: PL 16-4 f4 !k� (qqr- Date: Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, . to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 201212QUADRANT HOMS�1OV 9001973 75-00 " OF 004 Pfdw,. COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot ?iS of the Plat of Wynstone East, King County Recording Number 2 dL2.12 05 d C>/ 4S/ 7z Assessor's Tax Parcel ID Number: l S 7 a 5 O C7 2© Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: PLC Eq t.4 (..,f, t I 6,1 . Date: (l Grant�r�' By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, a : Ul m 0 1 r2 r -�> , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3b71a day of ,J Z-, , 20i - 'Ir�l�/i/iiir�y►�_ i �►► �.•'' �S t , y (ype (printed name of notary) o-CAR), ,• " Notary Public in and for the State of Washington. N PL J. _ �X M commission expires l ,► : i D ►► Y p — ?�F wA�H��f� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 S'h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"):�j2�L��+/t.�[�' _S, - Reference Number(s) of Related Document(s): 20 k`, PZ OS O O k g k 1 Legal Description (Abbreviated): Lot�� of the Plat of Wynstone East, King County Recording Number 20v212OS ace k g 1-7 Assessor's Tax Parcel ID Number: s% 8 O d 23 Plat or Building Permit Application Number: t Z — l 02b2 d - S u- . Amount Released: $ 2, 01 S , 40 THIS RELEASE OF COVENANT of,OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this — 1t - day of CalclArz , 20_Lq_ by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated �— ZQ and recorded under King County Recording No. ?. lzmk°) 06 61 ?j (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: PL.A H W Date: /{ / Grantor Lo STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 . , (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"` Avenue South Federal Way, WA 98003-6325 III I 111111111111111111111111l 20121219001974 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:45 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant _Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 9_1 of the Plat of Wynstone East, King County Recording Number 2O! 2 / 2 OS o O / 8 Assessor's Tax Parcel ID Number:? 57 F3SCD 02 D Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 e Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way BY= Its: r Q Date: Grantees' By: a �Y15 I - 0 _.117_ STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, IZ4 �--i W.8 Lg-ee 5 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 31� i H davof �)�� i ,,,p 20 zP 4 �.. NpTARy y ; (typedlprinted name or notary) Notary Public in and for the State of Washington. Posoc �► �� 4 ; : S� ��� My commission expires��— F WI► 'f� f EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way , amunicipal corporation Entity Indebted to Grantee ("Grantor"): QuaAV�-4 Reference Number(s) of Related Document(s): 'ZO 2 t2,OC.J00 a Legal Description (Abbreviated): Lot 1-4 of the Plat of Wynstone East, King County Recording Number lq l 2 k 2 0,5 00 1 2) l 7 Assessor's Tax Parcel ID Number: O� S-7 5G O 024 CD Plat or Building Permit Application Number: Amount Released: $ 2 c l S, THIS RELEASE OF COVENANT of OPEN SPACE FEFAN-LIEU (the "Release") is made as of this _jj _ day of 20A by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated CZ— ano recorAep under King County Recording No. WXW2-t !) pot (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa By:_ Its: L f4 1af6 9r- Date: �! Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires. WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 III I 1111111111111111111111111 20121219001978 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:46 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete LymberisQuadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number Assessor's Tax Parcel ID Number: q s 7 85GO 0280 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 12,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and small be directed to the City of Federal Way Permit Center, 33325 8 h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: L— Its: uG Date: 1 l $ Z Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, -Pt5L j ✓" , -e�r-5 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this dqyof Uti �J�-�,ti ,g L� _ 20 [2 t� ACyE — Q , L- v-, - <{. Esc-) ���•'' eSi° �+ :7 = (typed/printed name oaf notary) % NOT y % ? Notary Public in and for the State of Washington. Z 40, pUsUG `► My commission expires f OF W 1�5� ;lot EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ('Grantor'): Lkokc�-5 - Reference Number(s) of Related Document(s): -0-0s DO 1C Legal Description (Abbreviated): Lot 2-0 of the Plat of Wynstone East, King County Recording Number '2, 0 L 2 k20 S OQ L i�) ( Assessor's Tax Parcel ID Number: 0. S-7 BSCD C)2�30 Plat or Building Permit Application Number: 2 02-g20 — S Amount Released: $ 2, D l S r 4 C--> THIS RELEASE O COVENANT of fJPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of SfUf� 20 f by the City of Federal Way (the "City"'). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated d recor d under King County Recording No. 4 rL121 �� �3 the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of. - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City " Federal Wa gy. Its: R -P N_ (h�o�'' Date: Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 2012121900,1QUA" V 979 COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete 1,ymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot ?A of the Plat of Wynstone East, King County Recording Number 2 OtZ / Z O 5 0 O Assessor's Tax Parcel ID Number: I SMGO 02-9 O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (10/6) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Permit Center, 33325 8th Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa By: Its: Pert P "4 ( J�4 �, L16, R - Date: t k 1 Z 1 I Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, �D i L_ j w, B crz.I , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3 day of pJ 1-r l5 --2 20l z. 40-0 . -- '' AC (typed/printed name of notary) `}4i�'r'. � t'f'F �NX f, .4. Notary Public in and for the State of Washington. 'u N k z My commission expires 5 • • •o S.�Or WXV� 11#1 �: f I1-3_0 W.1 WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 81h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City off Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): CJ2 �111�`�' S . Reference Number(s) of Related Document(s): 2.0 \2 k 2 Os O O A g � 7 Legal Description (Abbreviated): Lot ?9 of the Plat of Wynstone East, King County Recording Number Assessor's Tag Parcel ID Number: I j-� �5�5 0 a09 d Plat or Building Permit Application Number: 12 l 02-02o S �— Amount Released: $ 21 Cl 5, 4n THIS RELEASE OF COVENANT of PEN SPACE FEE -IN -LIEU (the "Release") is made as of this -if day of lw 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 11,30 -�v anrecarded under King County Retarding No. ?.412j Zlg (the "Covenant") with 0a Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ Pthe City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: f�L-AF4 t'l lxz. ' L �- Date: Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 20121219001980 KING COUNT , 1AA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot go of the Plat of Wynstone East, King County Recording Number 2.0 j 'L (2 O S 0C> 1 & 7 Assessor's Tax Parcel ID Number: T57 8GO 0 3OO Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal '. Permit Center, 33325 8`4 Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: Pz,-: & (4f, F✓j�R Date: t i $ /Z Granto By. STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, _ PffTL-- _ , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this .-5d w dao x)a,1t-�,,, a ozzw— �,.20 1 Z � �,•, f - ILL. �..�.G--cam.-. �+ AC �i� �N• ��s►ani F � ` (tYPe�ruited nIc off- notary} '"�*'OFNOTARy s� Notary Public in and for the State of Washington. P���G ': ,i My commission expires y • EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 e Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Wayoyyy-� as municipal corporation Entity Indebted to Grantee ("Grantor"): a L� CLi�c�'111�T . Reference Number(s) of Related Document(s): r2 0l 2120115 (Do l Legal Description (Abbreviated): Lot 30 of the Plat of Wynstone East, _ King County Recording Number q?- k 2- OS O d t (6 1 Assessor's Tax Parcel II) Number: '2( S- 7 e$S CO ?, 0Cr:�) Plat or Building Permit Application Number: �2 r i 2 gZo ` s cA� Amount Released: $ (i C) L S. 4 d THIS RELEASE OF COVENANT ofPPEN SPACE FEE -IN -LIEU (the "Release") is made as of this It day of 20_Z_!f by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated i p -- a record d under King County Recording No. 2 0/ 2 / Z / 9 Op 1730 (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $P ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By. Its:F Fd 1H(T�• Date: (( Grantor M STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . , (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 QUODIJONT HOMES Coy KING CO NT , WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): , _ Pete Lymberis. Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot _�_ of the Plat of Wynstone East, King County Recording Number 2012 / 2 oS Go l SM Assessor's Tax Parcel ID Number: q rj 7 E)S © 0 3l 0 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(l)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa By. Its: p —sa--t , N— -g r-i�a . Date: I \ Z-,? f "Z Grantor By: -s- STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, ),Z-Tes L-,vl., 6 e::)2 I s , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this Zo N d_ay of�,�,r1f,�� �+ .,.. ,H + N (typeAlprinted name of notary4 _p� sta�y�•�OT�YNotary Public in and for the State of Washington. u a ? My commission expires EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): {Ja d�a1/1 `�q—yvue-s Reference Number(s) of Related Document(s): W/V li o s 00 Z 25l Legal Description (Abbreviated): Lot _31 of the Plat of Wynstone East, King County Recording Number Assessor's Tax Parcel ID Number: q 57 g':E�(] 03/ O Plat or Building Permit Application Number: 22,0 Amount Released: $ 2r 1215, d THIS RELEASE OF COVENANT of PEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of 1%Ae 20 / by the City of Federal Way (the "City")_ The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated I - an record under King County Recording No. � 1212/1,0d 1 I81(the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $�Nl�— -; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: - - Its: 14 l L6 �q f Date: f [ Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . , (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires i WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 80` Avenue South Federal Way, WA 98003-6325 11111111111111111 Ill 11111111111 Ill 20121219001982 75.00 es�u.� �KING COUNTY, WA 12/19/2012 COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete LyMberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 553 of the Plat of Wynstone East, King County Recording Number 2 c f 2 12 0 5 0018( % Assessor's Tax Parcel ID Number: Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("CovenantJ9) against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2 015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8th Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: PL--P" r-4 If-4t r Date: I z8 Z Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, _ � iE Lj 11,6V- Vats , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ' (,�7H day of A-)E U--w.., e 01Z 241 z r � AI slit � M• H� =� (typed�pnnted name of notary) TAR Notary Public in and for the State of Washington. N0k My commission expires to. - p{leLtiG =►.�F w A�� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 e Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way,44&4- a municipal corporation Entity Indebted to Grantee ("Grantor'): a t)a S . Reference Number(s) of Related Document(s): 2012120S 0 0 ` (� Legal Description (Abbreviated): LoottS of the Plat of Wynstone East, King County Recording Number ' 2,02, 2 OG O(D t B Assessor's Tax Parcel ID Number: cl S`] 550 053 C::) Plat or Building Permit Application Number: 12 - 02, Fj20 - S Cam_ Amount Released: $ e2—r 0151 4 0 THIS RELEASE OF COVENANT of t LOPEN SPACE FEE -IN -LIEU (the "Release") is made as of this _� day of I"t1p�t. 20� by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 1- Q -7,01 Z anO record d under King County Recording No. 2-01?4ZI q 00 /$,924"fie "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa By: Its: R7 Ag F-err t� Date: �T Grantor LN STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 , (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO City of Federal Way Community Development Services 33325 86' Avenue South Federal Way, WA 98003-6325 111111111111111111111111111 Zqj21219001983�, 5-00 e�aING �w €a COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 2_0'f< 2 12 O S oc>18V 7 Assessor's Tax Parcel ID Number: 2157 550 O 5!fO Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015AQ The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa B- Its: � �I A,[_,G fl-�(? . Date: 1 l 2 l Grantor By: -r STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, 17cle a is to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 36711 day of �c9 ��n,, o cn2 201 Z +¢ �!H =' (type printed name of notary) i C7�rQ7� A y? Notary Public in and for the State of Washington. c, N ), •, �'� y My commission expires �2 151 i � PI/BI.tG ' z • '� ZOF w1k5►t�,,�i EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation te� Entity Indebted to Grantee ("Grantor"): �}J )aiLa,A . Reference Number(s) of Related Document(s): ' 01E 2 CYO DO l Qjl Legal Description (Abbreviated): Lot -514 of the Plat of Wynstone East, King County Recording Number qO l2i1 2,0-S 00 t g ( Assessor's Tax Parcel ID Number: CA Z;--? GO k b Plat or Building Permit Application Number: l2 W2?jZ CS) - S L^-,-, Amount Released: $ 2101 s � 4- O THIS RELEASE OF COVENANT of PPEN SPACE FEE -IN -LIEU (the "Release") is made as of this / / day of20_L(L_ by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated a d recordpd under King County Recording No. 20 k21Z1 q 00 E q g3(the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ I•J J� - ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By Its: L4-L�1�-(Ir�i Date:_ Z/ (( / `7`- j -- -- Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 KING COUNTY, UA �20121219001984 COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): Pete Lymberis, Quadrant Homes Legal Description (Abbreviated): Lot 55 of the Plat of Wynstone East, King County Recording Number 2 212 1 Z O 5 00 i817 Assessor's Tax Parcel ID Number: qS 7 SE;0 o615O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and sliall be directed to the City of Federal Way Permit Center, 33325 8h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By:. Its: Date: l l Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, - e L !,2 -S to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , - " -2— 20i Z; ,►.•stotiE' 4e�dlprinted name of notary) J CNOTggyNotary Public in and for the State of Washington. pU!luC My commission expires i s 7�; • 116 tip ►►►► ��_�F WA�H�����► EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): ,z Reference Number(s) of Related Document(s): '20`VZ-(001�3l Legal Description (Abbreviated): Lot 55 of the Plat of Wynstone East, King County Recording Number L 21 Z 001 bk77- Assessor's Tax Parcel ID Number: G1s? `&SO OSSO Plat or Building Permit Application Number: a — ty-2- ego — S Lk— Amount Released: $ �Z-t D 1,5, 40 THIS RELEASE OF COVENANT of PEN SPACE FEE -IN -LIEU (the "Release") is made as of this _�� day of CVAfZ, 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated and recor ed under King County Recording No. 201212 ��100j8 (the "Covenant") with 9 U rantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of. - Open Space Fee -in -lieu $2,015.40; and associated administrative fee S_the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa Sy: Its: Date: Grantor I0 STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to one known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 KING COUNTY. WA I11111111111111111111111 20121219001985 QUADRANT HOMES COV 75.00 COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L,ymberis, Quadrant Homes Reference Number(s) of Related Document(s): _ Legal Description (Abbreviated): Lot %0 of the Plat of Wynstone East, King County Recording Number 2 d 12 / 2 0 S 00 /817 - Assessor's Tax Parcel ID Number: cl tj7 8) G O o G cao Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2.015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way I3y: Its: Bl�F-c 14 f&e- ( . Date: r Z� Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, _ , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3&Tw day of C N-�:•'sioti E •. (type/printed name o notary) . 0 '007 ARY I Notary Public in and for the State of Washington. pueuc _ My commission expires `?_ 1 r 15— Oir Vit ASH ~��II WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of F, rederal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): l � ��VI, Reference Number(s) of Related Document(s): ��12�2 C)S oo t Legal Description (Abbreviated): Lot 50 of the Plat of Wynstone East, King County Recording Number Assessor's Tax Parcel ID Number: Plat or Building Permit Application Number: 2 — wZlb 20 — S C--- Amount Released: $ 2I 0 ,7 , L) THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of j"vA'� 20K by the City of Federal Way (the "City"). 1+ The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated bl -7Q — ',bL and record d under King County Recording No.7.o12,M19 00 � 9 1?)S_ (the "Covenant") with 0 Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of. - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ N ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: 6� Date: ZIt M4 Grantor ' STATE OF WASIENGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of _ ., 20___ (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires t WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 III I 1111111111111111111111111111I 20121219001986 QUADRANT HOMES COV 75.00 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot a� of the Plat of Wynstone East, King County Recording Number 2,012l205oc t 8l7 Assessor's Tax Parcel ID Number: S 7 55 O 05% d Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(l)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8th Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa By: Its: P�N t_l},-, Date: Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, � CIL- L L-t-o ,Q nZ i 5 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this f day of fja�-1,, 3 L- .�— 201 � xk �l.........,. (typecuprmted name of notary) 'X� TAR .y Notary Public in and for the State of Washington. My commission expires y 1 1 S A i s- ���F wi+5�;�++� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 a Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): %l2, (�- �J 00 l 5 k Legal Description (Abbreviated): Lot e�7 of the Plat of Wynstone East, King County Recording Number '2,0 12- A2 0 S 00 l 8 (- Assessor's Tax Parcel ID Number: 0/ 57 e�SCD O ,�;7 c� Plat or Building Permit Application Number: -Z -102 E320 — S CA, Amount Released: $-2-1 0 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this l ( day of �O- VIA _ 20 1 q by the City of Federal Way (the "City"). I The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 4 O — `, DYan record under King County Recording No. ?01'Z Z19 ODI I NP (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ _ ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa By: Its:'► Date: Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, tome known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 e Avenue South Federal Way, WA 98003-6325 I20121219001987 QUADRANT HOMES COV 7500 KING COUNTY. WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberi& Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number D (2 / 2 0 S 00 1 8 Assessor's Tax Parcel ID Number: 515-7 850 071C ) Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 12,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 e Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa By: Its: EL2! . r�=k f1 ! C- Date: Z2:&/ z Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, _ Re�-E L-a -s , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this '2p-rp dam Ly-,c--,,,, . _ 201 2- ¢4 t+!�,A!CH+ =� (type printed name o`natary) Notary Public in and for the State of Washington. � � t10 Y �n • • L �•� "e ; My commission expires 5 w ; PUeUG 2 i 0 EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): dmayt es. Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, 44 King County Recording Number 2xl ZP 5 0(,-:) (7 Assessor's Tax Parcel ID Number: q S7 s O i ¢ 2_ Plat or Building Permit Application Number: 12 —�0, S� S�- Amount Released: $ L, d � 5. 40 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of 20j�_ by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated _ an rec r e under King County Recording No. 2,Q�2/019CO/J/ 8 (the "Covenant") withGrantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $_ IkW ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal W gY= Its: RL fA '! Date: 2z 1 Grantor LE STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 KING COUNTY, WA 11111111111111111 QUADRANT HOMES COY 75.00 COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lyrnberi& Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot _ �) of the Plat of Wynstone East, King County Recording Number 2-0 2-1 2. 0 S 00 ( 8 Assessor's Tax Parcel ID Number: _ cf S 7 0 G O 07 1; O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its:( i1 Date: f ZB Granto By: —/Z STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, P c �c- L, Li wt. t-:-2l S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 36-TP day of , 2p Z Zpry w { pr�nte'name of notary) 4 4U Notary Public in and for the State of Washington. PL MLIC _ �,* My commission expires e-1 1) 1 �T Ilr OF Wr� A�ati+1► ;11f7rNII EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation 4 Entity Indebted to Grantee ("Grantor"):[/ Reference Number(s) of Related Document(s).ZOt'�C2j OCR i 6 F7 . Legal Description (Abbreviated): Lot 1 cJ of the Plat of Wynstone East, King County Recording Number r -2 �� - Assessor's Tax Parcel ID Number: cl S? g G C2 0-7 5 Plat or Building Permit Application Number: 12�- Amount Released: $ 2, O / 56 ¢ O THIS RELEASE�.k' COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this �� day of d 20_j�: by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated r - Z O - (2an ree r under King County Recording No. ZUj Z1 Z/9C017 3 (the "Covenant") with CV Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ /Jt6 - _; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: P4,4A19(9A MG r Date: Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, ., to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 QUADRANT HOMES CO 1111 2012121900,1980 5-00 PRG KING COUNTY' 1�4 COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot-7 of the Plat of Wynstone East, King County Recording Number 2 01 Z 12 05 C>O l g l Assessor's Tax Parcel ID Number: 01 G 7Z B'S © d-7 7 0 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 e Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: Date: l I $ Grantor By:fD::::�pe STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me,. :� c%c t_-t,,, f, t--rej S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of N LYV 5 0I ? tl+� M AC n. ; 5 'SS101V � �#{; ( ed/pnnted namet o?nota&ry) `110T�Ugy£`:y Notary Public in and for the State of Washington. • 0.3 • My commission expires F WA$'�,��' EXIIIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot-T� of the Plat of Wynstone East, King County Recording Number W 1 z,�� s OO L S Assessor's Tax Parcel ID Number: '(Sl g IS 0 0-7-7 Plator Building Permit Application Number: r 2 -�OZ O zo -- S CA-, . Amount Released: $ , 015, THIS RELEASE OF COVENANT of OPEN SPACE FEE-fN-LIEU (the "Release") is made as of this —1� day of a , 201� by the City of Federal Way (the "City"). The Ci entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated d record d under King County Recording No. 0912{Z f c) C.Q [ 99 (the ' ovenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Date: Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) to me On this day personally appeared before me,instrument, and on own to be the individual described in and who executed the foregoing free and voluntary act oath swore that he/she/they executed the foregoing instrument as hY and deed for the uses and purposes therein mentioned. of ' 20— GIVEN my hand and official seal this day (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires — 0 WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8d' Avenue South Federal Way, WA 98003-6325 20121219002029 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): _ Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 2 Oi Z 12 05 00 L @L Assessor's Tax Parcel ID Number: 157 g50 0760 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8'h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: �4 ( f ,,7 1 i a-L Date: l l / ',) -? / N— ( l Grantor By: I r STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, 7e-7 L t to d vza-1 5 to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3 b-r �4 dqy o 201 zr 1 ystary (type printed name of notary) N�TARr -� Notary Public in and for the State of Washington. cr+� pUs�1G ; `� ► My commission expires�+ � QF WAS ,Soo;� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Reference Number(s) of Related Document(s): 20� Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number z 2 S oO ` a) � Assessor's Tax Parcel ID Number: (�[ S ! CAS C) d% 5O Plat or Building Permit Application Number: [Z — I 07i 82-0 — Amount Released: $ 2 01 5. f 0 S_C_t_- THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this ft day of �V� , 20� by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 0 ` 12 and r card d pjader King County Recording No. 19002C9the "Covenant") with rantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ IN— ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way Its: 0,As,6((aa Mal-. Date: l Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of (typed/printed name of notary) . 20 Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'' Avenue South Federal Way, WA 98003-6325 002030 202OF 004 12119/2012 KING cOUNTY. WA � COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L rnberis. Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 0) (P of the Plat of Wynstone East, King County Recording Number 2012 / 2 ©tj Q[>l g(-7 Assessor's Tax Parcel ID Number: gTj O 09 (PO Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's Obligation to pay the fee(s) as described in this instrument shall be a covenant running with the laird and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal �Wa 2 By: Its: Date: l L_ Grantor By: II-3a .-tZ STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, F17 Ti—, L , tome known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of fj 0,,/r 0.,e A(' 4-. :LC �l4,if �,M.•,....•!;! ( clpnntecl e a 'not C;•���� "�•° :? ` Notary Public in and for the State of Washington. 4 v N Y : 4M.•, My commission expires 11 00 z � '•.s- f6- � �sH�?�,� ���jrr .: F,�� EX "IT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 81h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): ATakk Reference Number(s) of Related Document(s): Ds UO (IB Legal Description (Abbreviated): Lot 0) (P of the Plat of Wynstone East, King County Recording Number q-0 t2 210Z;j 00 1 gl Assessor's Tax Parcel ID Number: Ct 5--1 5G C---) 0 1(P Plat or Building Permit Application Number: 12— -- i 0?i�)2O r (-4, Amount Released: $ THIS RELEASE OF COVENANT of fJPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of rv+xt , 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated { t 0 2PV2, and record d under King County Recording No. 20t2 t V 11 M 2.030 (the "Covenant") with J Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment ofth fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa By: Its:�`� I �' Date: Grantor IIn STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of (typed/printed name of notary) 20 Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 III 1111111111111111111111111111111111111111111111 20121219002031PAC COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number Z o 12 12 D S 0 018( 7 Assessor's Tax Parcel ID Number: 157 a6 © O, 7 O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,01 S_ O The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8'h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s)_ The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal W By:� Its:_ &1� IL - Date: Grantor By: �Y STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, _ 1:::, - c- t~ to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 1.) pt/ LlykE Q -le , ZQ I Z ���►}$if _ N ..........i , = (typeprinte�d name of notary) % NOTggy Notary Public in and for the State of Washington. pUDL1G :,.k., My commission expires I 1 �5- =OP yyAgH,F+�t� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8'h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: CityofFederal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): c� 0�-:N d, �—e-s Reference Number(s) of Related Document(s): 20\2A20s (DO 1 b n Legal Description (Abbreviated): Lot 0)-1 of the Plat of Wynstone East, King County Recording Number 20 CEO l EA-1 Assessor's Tax Parcel ID Number: S% e)SO 003-70 - Plat or Building Permit Application Number: LO Z, (A, Amount Released: $ THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this I ( day of hEe>► "[/1.1 26_l`L by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated t-10— 7Dt2 yd 1-ecor4eo under King County Recording No. Za1V Zi9 002.031 (the "Covenant") with c32dlfcyVl` &rancor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: ` ItsM (Ate M-//'_ Date: ff Y Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 QUADRANT HOMES COV 75-00 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L mberis Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 2. Z► �Z O. CEO Assessor's Tax Parcel ID Number: 657550 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 S'h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal W E3 � Its:_Pr -� &( lrn� _ r-16 2 . Date: t l Z3 -z_ Grantor By -- STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, ?rL L,1v,,P i rc 1� , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ? d day of 0 2p L ACC; _ — toN �; {types punted name o notary) u N 7Y, Notary Public in and for the State of Washington. N Ptiai1G ;� My commission expires fi116Avo �F W 0,5' 501' EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 86' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): 02 S Reference Number(s) of Related Document(s): 201 ?2,05 00 I bl'� Legal Description (Abbreviated): Loto of the Plat of Wynstone East, King County Recording Number Assessor's Tax Parcel ID Number: Ct Z5-1 brJ C, / D 3O Plat or Building Permit Application Number: Amount Released: $ 0 1 G, -4 -0 THIS RELEASE OF COVENANT of PPEN SPACE FEE -IN -LIEU (the "Release") is made as of this it day of 20� by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated r�Q Q&r?,an recorded under King County Recording No. 7�a121�[� 04 (the "Covenant") with rantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of Open Space Fee -in -lieu $2,015.40; and associated administrative fee $; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa I3.r: Its: 1146, (I A Date: l Grantor LN STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 20121219002035 QUADRANT HOMES COV 75.00 KING CO NTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): _ Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 2 O 12.12. 05 00 ( S Assessor's Tax Parcel ID Number: q G7 g4a % P40 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015AO The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8'h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Way By: Its: f2G*ail t-4 t f,.lb i' 1C-1Z Date: ( 2 g (2— Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, �c L'I trYZ f �> , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this Dl u .d4y of r-] c iZ 20l Z AC +; y (�lYrin aednted ame of notary) ZQTq�q Notary Public in and for the State of Washington. y� PUBL1G : � � My commission expires yeti.• � 75 A6..� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8 h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): C��7 ��� - OQ-,(�Aen-, Reference Number(s) of Related Document(s): ZQV 2L20G001c6Cj Legal Description (Abbreviated): Lot P--1 of the Plat of Wynstone East, King County Recording Number 1-0 V2 k2- OS Od � ?.) l -1 Assessor's Tax Parcel ID Number: ':i G-118SO 0 4 Q Plat or Building Permit Application Number: — ( 0�2A �- Amount Released: S 2t ok 5 n THIS RELEASE OF COVENANT of PEN SPACE FEE -IN -LIEU (the "Release") is made as of this I day of t'' 20Jby the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated S U s?t) ( and record d under King County Recording No. 2.0 1212161(the "Covenant") with J 6, Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $— ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By Its: Pww Date: - Grantor M. STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 86' Avenue South Federal Way, WA 98003-6325 III I 11111111111111111111111111l III 20121219002036 QUADRANT HOMES COV 75.00 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number 'Z O 12 l 2 O S C Ot Ol -7 Assessor's Tax Parcel ID Number: 105O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2 015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shal l be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s)_ The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal Wa Its: ?4_ r t-4 ta"', ('V1 G, Q Date: � � %'Z8 ( 2— Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, ?.- u L_Ll wi� L , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ? dgy o.20t AC �ti- $yvk pe y- (idpf rmted nae onoary) Notary Public in and for the State of Washington. i My commission expires :N• PUDL�G ': ❑� �,► �1 +oF was'`',+� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ('Grantor'): Ya &-N* Reference Number(s) of Related Document(s): 2OV2 ?2OG 00 � e)v-� Legal Description (Abbreviated): Lot I D5 of the Plat of Wynstone East, King County Recording Number 2n 12120C�> 00 L a � Assessor's Tax Parcel ID Number: C1 5-7 OSO Plat or Building Permit Application Number: Amount Released: $ 12, D / 51 4- C) 12-lv252-0rS&.11- THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this E day of r L , 201 IL by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated It -30 - ?,U(2 and recordea under King County Recording No. ZQUAV 002.6*the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the annount of. - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way 20 BV; Its: P1'-tq1 ff-4 lk4e_ Date: a1' Grantor IM STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 20121219002037 QUADRANT HOMES COV 75.00 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis, Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 10 IV of the Plat of Wynstone East, King County Recording Number 2O(Z / 2-0 5 00 (8/ 77 Assessor's Tax Parcel ID Number: 567 E3S0 1 0(po Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s)- City of Federal Wa By. ---- Its:_ U �[ 1V1 02 . Date: Grantor��. By:1� STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, Fgjc L 1 , 3 t 1 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this )-7day of�M, 2012- t om..,AC V�..,, ..A ! �siar F •. ? eJ (typed/pnnted name ofrs notary) NOTARY Notary Public in and for the State of Washington. ��A;, p(/_L�G My commission expires S �� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City 11of Federal ""Way, a municipal corporation Entity Indebted to Grantee ("Grantor'): Reference Number(s) of Related Document(s): Z0A2\2 0S OQy Ul Legal Description (Abbreviated): Lot 1 D(O of the Plat of Wynstone East, King County Recording Number 0CE> 00 1 �� Assessor's Tax Parcel ID Number: �31; C7 t d �p Plat or Building Permit Application Number: Z — OZ 52-0 -- S Ul— Amount Released: $ 2-1 0 I (�) , "l C) THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this f day of 6 S A2 , 20_L� by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated AL — - f&12 and recorded under King County Recording No.'LDV ?- lc� 00 2(the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: %% M 14 Iwo Mir, Date: Grantor LE STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . I (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 111111111111111111111111111111 20121219002042 QUADRANT HOMES COV 75.00 PAGE-001 OF 004 12/19/2012 14:52 KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L mberisQuadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot _ I_I _ of the Plat of Wynstone East, King County Recording Number 2 Oi 2/ Z O S OCR l Assessor's Tax Parcel ID Number:,? G7 B>O m o Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal W Bv: Its: Date: L Z S If 2- Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, c y ,�,� i�21� _ , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3G-144dayoof I_, Y -� 6C), ? D) ,:- �T • s$ti6A F. (type Printed name of no#arY) NOTy',i Notary Public in and for the State of Washington. PUBLIC My commission expires —�0F W A;Hl�4t EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 81h Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, aammuCnicipal corporation Entity Indebted to Grantee ("Grantor"): a Ja ASQ nA l l U �� . Reference Number(s) of Related Document(s): 24121 2-,0 G 00 (g C Legal Description (Abbreviated): Lot j( of the Plat of Wynstone East, King County Recording Number ?ib V 2-A Z O S OO l b Assessor's Tax Parcel ID Number: C, 45-1 bSO I 1 I V Plat or Building Permit Application Number: [2 , O?i�) 20 Amount Released: $ 2 1 01 s- 4 0 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this ff day of /?/ , 20jq : by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated d f 1 1) - 24V and record under King County Recording No. 7-01 Z t21 a �02 Z{the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa By - Its: &6S�, AjfAC I �9r'• Date: y 1(z/ Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of .20 , (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8`h Avenue South Federal Way, WA 98003-6325 OF 004 20121219002043 KING COUNTY , WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot 11 :2- of the Plat of Wynstone East, King County Recording Number S©E 2-QS 00/8(77 Assessor's Tax Parcel ID Number: q 4--) Plat or Building Permit Application Number: i 2-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2,015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8`h Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal W By: Its: 6, Date: 1 Grantor By: —AZI STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, PEE Ly �, 9 c- Y?- 5 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 74- day o � l 7- AC�., k ;��ypedlpru3t name of notary) t1DTAR), Notary Public in and for the State of Washington. N PUS 0 0, ,; My commission expires 11 15 y� �ZOF W A��1FF EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8t' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Ql) C AV-0�,� �-QS Reference Number(s) of Related Document(s): V2 ZU�-:?oO Legal Description (Abbreviated): Lot //,'2- of the Plat of Wynstone East, King County Recording Number Assessor's Tax Parcel ID Number: Plat or Building Permit Application Number: 12 — � O -- 52-OC — �- Amount Released: $ 21v l 5 � 140 THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of h!VV 20 1� by the City of Federal Way (the "City")_ The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated arid record d under King County Recording No.20\2A21i0OZ-043(the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ Vj the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way 13v— Its: P4AV jW I" 1P Date: 1(I Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, _, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of (typed/printed name of notary) ,20 Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 20121219002044 04 Pori ��,.,OF w COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete L,3LmberiS Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot / / 3 of the Plat of Wynstone East, King County Recording Number C�I2 s QQ r Assessor's Tax Parcel ID Number: q tj7] g5 (2 1130 Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund'or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: 2 015.40 The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1%) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8" Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal W By: Its: KZ-6 4 ,44 2 Date: ( Z t Grantor By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, iEvelS to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this` U day_of t= 1 , 20 i 2,. C' A C .. (typed/printed name of notary) �F ►►►► �T�,. s Notary Public in and for the State of Washington. 140Tr : My commission expires is- Pusor. x i of W A's"n �� EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: ��City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"):t�c'C�-eQJ Reference Number(s) of Related Document(s): 2.DIV Z05 O d k g `� Legal Description (Abbreviated): Lot %a of the Plat of Wynstone East, King County Recording Number 1210k 2 I205 CD CD [ 125 l Assessor's Tax Parcel ID Number: Plat or Building Permit Application Number: Amount Released: $ 2 Q l2 - W2- 52-0 - Stti. THIS RELEASE OF COVENANT of OPEN SPACE FEE-FN-LIEU (the "Release") is made as of this day of iva2 20� by the City of Federal Way (the "City"). The Ci entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 3 D CZ and recoMdodunder King County Recording No. �C]1Z121 �� (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the Fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $k ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Wa By: Its: R�tf N I NG /119r� Date: r Grantor LIM STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 20121219002045 evaRANT HOMES COV 75.00 :, KING COUNTY, WA COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Pete Lymberis Quadrant Homes Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot A of the Plat of Wynstone East, King County Recording Number 1zC>12 r 205 DO 1817 Assessor's Tax Parcel ID Number: s O Plat or Building Permit Application Number: 12-102820-SU Notice is hereby given that pursuant to Federal Way Revised Code ("FWRC") 19.100.070(1)(b) and FWRC 19.100.070(3), the City of Federal Way (the "City") and the Grantor voluntarily agree to a deferred payment obligation for Open Space Fee -in -Lieu and/or Transportation Impact Fees ("Covenant") against the above -described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Open Space Fee -in -Lieu is: $2.015.40, The Open Space Fee -in -Lieu is due and owing to the City no later than the closing of sale on the house or five years following the recording date of this instrument, whichever is earlier. For each day following the date on which payment is due for which Grantor has failed to pay the Open Space Fee -in - Lieu, Grantor shall pay an additional one percent (1 %) of the fee as liquidated damages. Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be King County. All payments shall be made payable to the City and shall be directed to the City of Federal Way Permit Center, 33325 8th Avenue South, Federal Way, WA 98063. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit A. The escrow officer shall record the Release of Covenant when funds are disbursed from escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above identified fee(s). City of Federal W By - Its: Date:( 2 Grantor By: xi`P STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, gel ll k A u� 15 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3D-711 dU o jJ7p' Zl2 24t AC o' SION � •., � = ktypedYrinted name ol` notary} u NOTAR),; Notary Public in and for the State of Washington. ��� P[1eL�G ? My commission expires r �- ��j 0.�, -. ���i .T6 EXHIBIT A WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8tn Avenue South Federal Way, WA 98003-6325 RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"):�c�n' Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot -— of the Plat of Wynstone East, King County Recording Number ©O Assessor's Tax Parcel ID Number: _� �'✓'� �'J `"[ Plat or Building Permit Application Number:��- Amount Released: $ 1-Is - 14 1C, THIS RELEASE OF COVENANT of PEN SPACE FEE -IN -LIEU (the "Release") is made as of this d ( day of 1V 20 by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated �— C) r 201'Z, aod recorded under King County Recording No. 20 k"M-P) DO2C(the "Covenant") with C"VWX> Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of. - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have: no further force or effect. City of Federal Way By: Its: Af-4-114o, Date: h�z—/J( Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, 7 to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires FAR Ad C.N '' WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 e Avenue South Federal Way, WA 98003-6325 III I III 111111111111111111111111 20140408000310 KING COUNTY, WA RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City) of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor'): _00,9d /'n,4 4 Reference Number(s) of Related Document(s): Legal Description (Abbreviated): Lot i DI of the Plat of Wynstone East, King County Recording Number 2C� 14- s �% Assessor's Tax Parcel ID Number: 5% 635 C� `d 7 0 Plat or Building Permit Application Number:��-- Amount Released: $ "Z-. 015, * 0 . THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this + o day of C, 20_[q_ by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated / / - 30 0/ �?, an 3record under King County recording No. Z O r 2 l � 19X the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $J; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: �r Its: k g t4 fA& , I rIAEt A C'StZ Date: 2 A I �N Grantor .By - STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, f.J b n n i c to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/&/they executed the foregoing instrument as hisAo/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of F<-42KA2U1A r (typed/printed name of notary) Notary Public in and for the State of Washington. o My commission expires io���� C op WASH�a WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 g1h Avenue South Federal Way, WA 98003-6325 I���PIIIINI�IIUI�RNNiV�IInNNh11�n0plflll 20140408000312 KING COUNTY, WA RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): d ff � e.S Reference Number(s) of Related Document(s): d` �1 11,21\6 0-0 1—+ ' j Legal Description (Abbreviated): Lot __�? of the Plat of Wynstone East, King County Recording Number 'ZO 1 4 5 00 ( 8 � Assessor's Tax Parcel ID Number: C� 5 %85 CD 00 5 O Plat or Building Permit Application Number:�- Amount Released: $ !?,e-4 01 :5, 4 G) THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this {p day of 20-M by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated /%-30 - r71 an rera d under King County Recording No.,j-a / 21Z/ `��C�the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of: Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ /V ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: ptn - u rya AGE Date: Grantor Sy: ' C� STATE OF WASH GTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, P200rllf 3- to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/6)they executed the foregoing instrument as hisetheir free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 26�-� day of 'F-e12 12014 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires C1 10--o �) 0 WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 III I III 1111111111111111111111 20140408000311 FIRST AMERICAN R 33.00 PAGE-001 OF 002 04/08/2014 10:42 KING COUNTY, WA RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): a/aC VD,*"er4vvk-es Reference Number(s) of Related Document(s): _cam v)D 1 Lv l 013 Yi Legal Description (Abbreviated): Lot 2CP of the Plat of WynsttoQone East, King County Recording Number lid �i S CJ l Assessor's Tax Parcel ID Number: T 5 75 7 65 0- Plat or Building Permit Application Number: / 2- —/V 7i �32-0 —S CA,- . Amount Released: $ �zi O % 5, f o THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of rotvz 20_L►- .L by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated 11— 3Q H 2O! Z and recorded under King County Recording No. 20[ 2 i 210)o olO X;, (the "Covenant") with QuLaka& Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $�; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: eL-It" W fAr- Off P Date: 2 Grantor By- ?— Z STATE OF WASHFKGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, 'P/ayi 1 I f Ci r-e -e ✓ , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that hea/they executed the foregoing instrument as hisl�re 'their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this `day of , 201j' f (typed/printed name of notary) �r Notary Public in and for the State of Washington. 0 = My commission expires k-p l fill, I I E ►►tltn��•''�'� WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8h Avenue South - Federal Way, WA 98003-6325 1111111111111111111111111111I 20140130001347 FIRST AMERICAN R 33.00 PAGE-001 OF 002 01/30/2014 15:58 KING COUNTY, WA RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): azz,,� kll&�. Reference Number(s) of Related Document(s): jo- I Z I Uq 0C) 1 Legal Description (Abbreviated): Lot of the Plat of Wynstone East, King County Recording Number _ � -s D 1 Assessor's Tax Parcel ID Number: q57050 _ b/ -? C--,> Plat or Building Permit Application Number: — r z ~/ 0 2 8 2 o r S a, Amount Released: $ 2.1, 01 S. `-�-,) THIS RELEASEI OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of , 20A by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated and recorded under King County Recording No. 2 l 0oI?7Athe "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of - Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ t4lr the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By. Its:_ P14t- t Date: [ A G, t q Grantor By: j' _ r STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, D o lrl yl) -e O Y-e-e� _______:,to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he&h they executed the foregoing instrument as his re.Otheir free and voluntary act and deed for the uses and purposes therein mentioned. t-" , i GIVEN my hand and official seal this �� day of -JGlr)�t � , 20 i `�' UY i vk , (typed/printed name of notary) Notary Public in and for the State of Washington - My commission expires (p 0 �� WRIC WHEN RECORDED, RETURN TO: City of Federal Way Community Development Services 33325 8"' Avenue South Federal Way, WA 98003-6325 20140130001295 FIRST AMERICAN RL-RER 73.00 PAGE-001 OF 002 01/30/2014 15:38 KING COUNTY, WA RELEASE OF COVENANT OF PAYMENT OBLIGATION FOR OPEN SPACE FEE -IN -LIEU Payment Obligation for the Benefit of Grantee: City of Federal Way, a municipal corporation Entity Indebted to Grantee ("Grantor"): Q CA �VZZ-7[ Reference Number(s) of Related Document(s):� Legal Description (Abbreviated): Lot I of the Plat of Wynstone East, King County Recording Number 2d l 7i Z�JL-� Assessor's Tax Parcel ID Number: q S 7 gj j0 o d Plat or Building Permit Application Number: / 2 - l O 2 092 d -S u Amount Released: $ Ql -J , THIS RELEASE OF COVENANT of OPEN SPACE FEE -IN -LIEU (the "Release") is made as of this day of r.+vpL2 , 20 fl by the City of Federal Way (the "City"). The City entered into a Covenant of Payment Obligation for Open Space Fee -in -lieu dated p - 9-0 2- an4 recorde under King County Recording No.70 l2! 21 q 0d l7&& (the "Covenant") with Grantor to provide for deferred payment of the referenced fee(s). Pursuant to the terms of the covenant, upon Grantor's payment of the fees in the amount of. Open Space Fee -in -lieu $2,015.40; and associated administrative fee $ IV lit- ; the City will release the Covenant. Accordingly, conditioned upon the Escrow Agent's or Grantor's disbursement of the Fee(s) to the City, the City hereby releases and discharges Grantor from the obligations described in the Covenant. Upon recording of this Release, all of the Grantor's obligations under the Covenant shall be deemed fully and completely satisfied, and the Covenant shall have no further force or effect. City of Federal Way By: Its: (l-((, Ai�IAF�t� Date: /Lt Grantor r By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this day personally appeared before me, V7?o bn1 C QAYcc-ice , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/e they executed the foregoing instrument as his their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 2-9 4"�11 day of 'JCLY1 lAa2 , 20 1 4 �f • • • (typed/printed name of notary) N��t1 Notary Public in and for the State of Washington. My commission expires r 1 2-0 �"