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14-103140C17f OF 'A Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO CITY COUNCIL MIRROR ESTATES FINAL PLAT Federal Way File No. 14-103140-00-SU FILE-; Report prepared by Matt Herrera, AICP — Senior Planner, February 10, 2015 RECOMMENDATION The Community Development Department recommends approval of the Mirror Estates Final Plat (Exhibit A). City of Federal Way staff has reviewed the final plat application and finds it complies with the preliminary plat conditions and all other applicable codes and policies. H POINT SUMMARY Meeting Date: City Council Special Meeting - Tuesday, February 17, 2015 — 5:30pm. Plat Location: King County Parcel 072104-9081. Parcel is located approximately .25 miles north of SW 320`' St. near the intersection of 11`' PI SW and SW 3161h Pl (Exhibit B). Description: Mirror Estates is a proposed 27-lot single-family residential subdivision on approximately 9.2 acres. The Mirror Estates preliminary plat application was granted approval by the Federal Way City Council on March 6, 2007 per City Council Resolution 07-493 (Exhibit C). Access to Mirror Estates is via 1 J b Pi SW, 8`h PI SW, and 8`h Ave SW. All required roads, sidewalks, pedestrian pathways, wetland mitigation, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or are financially guaranteed. Vicinity Map City of Federal Way staff has reviewed the Mirror Estates Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWCC 20-135. A proposed resolution to approve the Mirror Estates Final Plat is enclosed (Exhibit E). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution 07-493). Required improvements have been completed or financially secured as allowed by FWCC 20-135 and identified by staff responses following each condition. Prior to the City's approval of engineering plans, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing tree preservation within the plat, all landscaping within plat boundaries, wetland mitigation planting approved by the Federal Way Hearing Examiner, restoration of the areas disturbed by installation of the storm drainage easement and pedestrian trail outside of Tract A, visual screening of the Tract B storm drainage tract, and street trees for review and approval by the Directors of Community Development, Public Works, and Parks, Recreational, and Cultural Services (PARCS). Prior to submittal to the City, the landscape plan shall be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations contained in the applicant's Wetland Determination and Mitigation Plan. Pursuant to FWCC Sections 22-1286(d)(2), 22-1243, 22-1313(3), and 22-1358(e)(1), the City may require the applicant to pay for the services of a wetland biologist to review plans, provide recommendations, and conduct inspections and/or monitoring on behalf of the City, as determined by the Community Development Director. Staff Response — This condition has been met. Tree preservation for the plat is within the Tract A open space and wetland mitigation area. New landscaping in the form of street trees and planting in the stormwater tract augment the preserved vegetation. The City has retained the neededperformance bondfor wetland mitigation installation. The applicant has funded a pass through account to retain the services of the City's wetland biologist to monitor the wetland mitigation area for a five year period. 2. All on -site fencing associated with plat construction is subject to the City's final review and approval of design, location, and any screening. Fencing shall allow for the migration of small wildlife animals, where appropriate. Any chain link fencing, if approved by the City, shall be vinyl coated black or green and shall be screened with vegetation. Staff Response — This condition has been met. Fencing on the site consists of a four foot -tall wooden three -rail post and rail fence that surrounds the open space/wetland mitigation Tract A. Small wildlife is able to migrate in and out of the tract via 13-inch gaps between the rails. Six-foot high black vinyl coated chain link fencing surrounds the stormwater tract. The tract's interior landscaping and low topography provide adequate screening. 3. Prior to final plat approval, open rail fencing, appropriate vegetation, and appropriate signage shall be installed to separate the pedestrian trail and residential lots from wetland B setback. Staff Response — This condition has been met. Open rail fencing surrounds the Tract A. Appropriate vegetation was installed within the wetland buffer enhancement area as specified in the wetland mitigation plan and inspected by the city's consulting wetland biologist. Signage has been installed Staff Report to City Council Page 3 Mirror Estates Final Plat File No. 14-103140-00-SU/Doc. I.D. 67366 Staff Response — This condition has been met. It was determined by the applicant's wetland biologist that one supplemental snag was needed. This determination was confirmed by the city's consulting wetland biologist. The snag was installed during the mitigation construction. 3. Prior to final plat approval, the final plat shall contain language that encourages informational and educational programs and activities dealing with the protection of wildlife. An example of such a program is the Backyard Wildlife Sanctuary program established by the State's Department of Fish and Wildlife. This language shall be added to the Homeowner Association Controls, Covenants and Conditions recorded in conjunction with this plat. Staff Response — This condition has been met. Plat note 411 provides language reflecting this condition. The language is also added to the homeowner association condition, covenants, and restrictions document. 4. As required by the Public Works Director, in order to mitigate potential adverse transportation impacts to the surrounding road network, the applicant must construct the identified TIP improvements listed below. In lieu of constructing these TIP projects and prior to final plat approval, the applicant may voluntarily pay a pro-rata share contribution of $76,347.00 towards impacted TIP projects based on the calculation below. Pro-rata Share Contribution to Transportation Improvement Projects The project's fair share contribution was calculated based on the formula below: Fair share = Project generated PM peak hour trips 2006 total PM peak hour traffic x TIP project cost The applicant's Traffic Impact Mitigation Fee Analysis dated March 25, 2005, was reviewed and accepted by the City. As proposed by the applicant's traffic engineer, the TIA used for this project was the 2005 to 2010 TIP. The following table shows TIP impacted projects, and the project's fair share contributions: Map ID TIP Project New 2006 ]Fair Project Cost* I Trips 'Trips! bare 5 S 320 ' St @ I" Ave S 4,200 17 4812 $14 780.00 -7 �320 —St.4Aye S SS 99 61191 12 S 320"' St @ 20"' Ave S 1,356 13 3796 $4 628.00 ?3 >29" aI"�"r��"ro'�4ve S 6�9� 46 3262 °c"�, A.9Q Total $76,347,00 * Project cost in thousands of dollars. Staff Response — This condition has been met. Since the time of initial traffic analysis, two of the identified projects in the SEPA review (items 7 and 23) are no longer on the City's Transportation Improvement Project list and therefore the applicant is responsible for items 5 and 12 totaling $19, 408. 00. This revised fee has been paid to the City by the applicant. Staff Report to City Council Page 5 Mirror Estates Final Plat File No. 14-103140-00-SU/Doc. I.D. 67366 . -1 6. That all taxes and assessments owing on the property being subdivided have been paid. StarffResponse: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Mirror Estates meets all platting requirements of RCW 58.17.110 and FWCC 20-136. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed as allowed by FWCC 20-135. The project has been developed in conformance with Resolution 07493, approving the Mirror Estates Preliminary flat. A recommendation of final plat approval is therefore being forwarded to the City Council for approval. VIII EXHIBITS ExhibitA Reduced Copy (8'h x 11) Mirror Estates Final Plat Exhibit B Vicinity Map Exhibit C Resolution 04-432 Mirror Estates Preliminary Plat Approval Exhibit D Reduced Copy (8'h x 11) Approved Mirror Estates Preliminary Plat Exhibit E Proposed Resolution Approving the Mirror Estates Final Plat Staff Report to City Council Page 7 Mirror Estates Final Plat File No. 14-103140-00-SU/Doc. l.D. 67366 LAKEHAVEN UTILIT ( DISTRICT 31627 15` Ave South • P.O. Box 4249 • Federal Way, Washington 98063-4249 Federal Way: 253-941-1516 • Tacoma: 253-927-2922 www.lakehaven.org February 26, 2015 Randy Goodwin 15215 SE 272"d St Suite #201 Kent, WA 98042 RE: Mirror Estates Lakehaven Project No. 6307015 Initial Acceptance Mr. Goodwin: Lakehaven has received all closing documentation and has completed a satisfactory inspection of the referenced project for conformance with Lakehaven Utility District standards for materials and construction of water distribution sanitary sewer systems. .Lakehaven hereby initially accepts this project for ownership, operation and maintenance. The Maintenance Bond (No. 339426S) submitted for the project in the amount of $22,516.00, shall be maintained in force for a minimum period of two (2) years from this date of initial acceptance and until Lakehaven provides written notice of its release, pending satisfactory results of a final inspection to ensure the systems remain in compliance with Lakehaven standards for materials and construction. The Restoration Bond (No. 338718S) held to guarantee restoration of affected rights -of -way and/or off -site easements is hereby satisfied and may now be released. The bond was issued by Developers Surety and Indemnity Company in the amount of $53,000.00. A copy of this letter should be sufficient authorization to the surety to affect its release. The project account will remain open for approximately sixty (60) days from the date of this letter, to allow time for all actual Lakehaven labor and material expenses to be posted to the account. You should expect to receive additional project invoices through this period and until all associated payments are received by Lakehaven & the project account balance is zero ($0.00). Any releases of liens and/or agreements associated with the project will be held by Lakehaven until the project account balance is zero ($0.00). Near the end of the two-year warranty period, Lakehaven will re -inspect the improvements for any defects in workmanship &/or materials. You will be notified of any defects discovered, and such defects will need to be corrected before the Maintenance Bond submitted as the warranty guarantee can be released. If the work & materials are determined satisfactory, Lakehaven will provide written notice to you, including release of the Maintenance Bond, at that time. Please do not hesitate to contact Bill Nelson, if you have any questions. Bill may be reached by phone at (253) 945-1620, by electronic mail at bnelson@Lakehaven.org, or by fax at (253) 529-4081. 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 October 23, 2014 COURIER DELIVERY Matt Herrera City of Federal Way Community Development Department 33325 8th Avenue South Federal Way, WA 98003-6325 RE: Submittal of Revised Final Plat for Mirror Estates City File No. 14-103140-00-SU / Our Job No. 16518 Dear Matt: We have revised the final plat map, CC&Rs, and other associated documents for the above -referenced project in accordance with your comment letter dated August 21, 2014. Enclosed are the following documents for your review and approval: 1. Original completed Resubmittal Information form 2. Six folded copies of the revised final plat map 3. Four copies of legal description and graphical illustration exhibits for right of way and storm areas 4. Four signed copies of the lot closures for existing and proposed lots 5. One set of Final Plat Submittal binder inserts, including the following: a. Cover Sheet - please replace the cover sheet currently in the binder b. Table of Contents - please replace the table of contents currently in the binder c. Final plat map - please replace the final plat map currently in Section 2.0 of the binder d. CC&Rs - please replace the draft CC&Rs currently in Section 3.0 of the binder e. Lot Closures - please replace the lot closures currently in Section 10.0 of the binder f. Legal Description and Exhibits - please add dedication descriptions and Section 15.0 tab to the binder The following outline provides each of the comments in your letter in italics exactly as written, along with a narrative response describing how each comment was addressed: BM�' E® RESU OCT 2 4 2014 CITY OF FEDERAL WAY CD5 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES • TUMWATER, WA • LONG BEACH, CA • ROSEVILLE, CA • SAN DIEGO, CA www.barghausen.com Matt Herrera City of Federal Way Community Development Department -2- October 23, 2014 Zoning and Land Use Matthew Herrera, 253-835-2638, matt herrera @cityoffederalway.com 1. Sheet 1 - Replace "Department of Community and Economic Development" and "Community and Economic Development Director" approval blocks with "Community Development Department" and "Community Development Director." Response: These edits were made to Sheet 1. 2. Sheet 2 - a. Correct spelling error "Section Subeivision" to "Section Subdivision." Response: This edit was made to Sheet 2. b. Lots 18 and 19 appear to be flag lots and inconsistent with the combined 30-ft ingress, egress and utilities easement shown on Sheet 5. Clarify if the lots are intended to be flag lots, contain access and utility easements, or both. (Also see comment 5a.) Response: Lots 18 and 19 are flag lots and are consistently and clearly illustrated on Sheets 2 and 5. 3. Sheet 3 - a. In "Areas" note, include the total square footage of., (1) tracts; (2) wetland and buffer area; and (3) ingress, egress and utility easement(s). (Also see comment 5a.) Response: These areas have been added to Sheet 3. b. The following plat notes need to be added per conditions of the preliminary plat, SEPA or clarification: i. Maintenance responsibility and benefit of 30-ft. private driveway easement shown on Sheet 5. (See comment 5a.) Response: The 30-foot easement area across the panhandle portions of Lots 18 and 19 contains a reciprocal access easement, storm drainage facilities easement, and the public pedestrian walkway easement. Notes 17, 18, and 19 have been added to Sheet 3 addressing the use and maintenance for each item. ii. The MDNS requires language that encourages informational and educational programs and activities dealing with the protection of wildlife such as the State Department of Wildlife Backyard Sanctuary program. The language does not need to be as in depth as what is provided in the CC&R document, but a concise statement using the language above will be needed to satisfy the SEPA condition. Response: Note 16 has been added to Sheet 3 to address this item. Matt Herrera City of Federal Way Community Development Department -3- October 23, 2014 iii. Please include the HOA's maintenance responsibility of the split rail fence and NGPE signage. Response: Note 2, Sheet 3, has been edited to address this item. 4. Sheet 4 - Please show the pedestrian access trail through Tract B and identify the graphic symbol in the legend. Response: The pedestrian access trail has been added in greater detail and clarity to Sheet 4 and the legend has been updated accordingly. 5. Sheet 5 - a. Please clarify whether the driveways serving lots 18 and 19 are ingress, egress and utility easements or the 'flagpole' portions of flag lots as shown on Sheet 2, or both. For ingress, egress and utility easements please identify the easements in the notes section of Sheet 3 and include who the easement benefits and the responsibility for maintenance. Response: The 30-foot easement area across the panhandle or "flagpole" portions of Lots 18 and 19 contains a reciprocal access easement, storm drainage facilities easement, and the public pedestrian walkway easement. Notes 17, 18, and 19 have been added to Sheet 3 addressing the use and maintenance for each item. Clarity has also been added to the graphical illustration of these items on Sheet 5. b. Curve #32 information associated with the southern portion of the ingress, egress and utility easement is missing from the curve table. Please provide. Response: This information has been added to Sheet 5. c. Please show the BSBLs for lots 18 and 19 consistent with the graphic in Figure 1. Response: This information has been added to Sheet 5. d. Please show the pedestrian access trail through Tracts A and B and identify the graphic symbol in the legend. Response: This information has been added to Sheets 4 and 5. 6. CC&R Document - In order to minimize the opportunity for future code violations due to inconsistencies with the CC&R document and the city's Zoning and Development Code, staff suggests the following edits: a. Article Vl. Section 5. Landscaping and Fencing - Clarify in the first sentence that no improvements are permitted within the NGPE without approval from the City of Federal Way's Community Development Department. Response: The CC&Rs have been revised as requested. Matt Herrera City of Federal Way Community Development Department -4- October 23, 2014 b. Article Vll. Section 4. Native Growth Protection Easements - Replace two citations for approval authority of Department of Public Works to Community Development Department. Response: The CC&Rs have been revised as requested. c. Article Xll. Section 3(b) - Clarify that any trailers are subject to the city's temporary trailer regulations. Response: The CC&Rs have been revised as requested. d. Article Xll. Section 4 - Clarify that any fences and walls are also subject to city height and setback limitations. Response: The CC&Rs have been revised as requested. e. Article Xll. Section 7 - Clarify that the city allows no structures within 20 feet of the front property line unless otherwise permitted by city code. Response: The CC&Rs have been revised as requested. 7. Open Space Fee -in -Lieu - As stipulated in the Hearing Examiner's Report and Recommendation filed February 12, 2007, Finding #16 requires the remainder of the subdivision open space (12.66 percent) to be paid as a fee -in -lieu. The onsite trail corridor provides 2.34 percent of the usable open space requirement and the remaining fee -in -lieu will satisfy the 15 percent requirement pursuant to FWCC 20-156(b). The fee -in -lieu payment of 12.66 percent of the most recent assessed value of the property must be paid prior to final plat approval or alternatively a deferment may be requested pursuant to Federal Way Revised Code 19.100.070(1)(b). Response: Acknowledged. This fee shall be paid prior to plat recording. 8. NGPE Fencing and Signage - The Hearing Examiner's Report and Recommendation Conclusion #3 requires all open rail fencing and signage, as shown on the mitigation plan, to be installed prior to final plat approval. Response: Acknowledged. These items shall be installed prior to final plat approval. Stormwater and Engineering Ann Dower, 253-835-2732, ann.dower@cityoffederalway.com 1. Verify all areas to be dedicated as public right-of-way have clear title. Response: Acknowledged. We are currently working with PSE and the neighbor to the northeast of the plat to obtain easement relinquishments. 2. Provide legal description and exhibit map for all areas to be dedicated as public right-of-way or city stormwater tract. Matt Herrera City of Federal Way Community Development Department -5- October 23, 2014 Response: A legal description and exhibit map for these areas is submitted as requested. 3. Easement 3852937 (Special Exceptions #1) and 20131031000249 (#3) must be shown on the plat map or noted as not locatable. Response: These items are shown on Sheets 4 and 5 and also referenced in the legend thereon. 4. Provide names and titles of the signator(s) on the dedication. In addition, provide proof of authority to sign on behalf of Mirror Estates LLC. Response: Acknowledged. Proof of signing authority shall be provided prior to final plat approval. 5. Addresses are to be provided on each lot, along with a note reading "any addresses shown are preliminary only and subject to change. " A copy of the addresses assigned by the Building Department is enclosed. Response: Addresses and note has been added to Sheet 1. 6. Provide a lot closure for the existing lot, sealed by a PLS. Response: This item has been provided as requested. 7. Provide a copy of the proposed lot closures that has been sealed by a PLS. Response: This item has been provided as requested. 8. Tract B and Tract C lot closures are not reflected on the plat map. Please resolve discrepancies. Response: This item has been provided as requested. Any discrepancies have been resolved. Water/Sewer Brian Asbury, Lakehaven Utility District, 253-946-5407, basbury@lakehaven.org 1. Applicant has not completed the necessary water andlor sewer facility construction, nor submitted to Lakehaven an application for substantial completion of such construction as necessary to be able to confirm the applicant's requirements for subdivision acceptance. Applicant will need to either complete the necessary water andlor sewer facility construction, or submit application for substantial completion of such facilities to Lakehaven. Response: Acknowledged. The owner shall obtain the letter of substantial completion prior to final plat approval. 2. The layout of the plat matches the approved water & sewer construction plans. Response: Acknowledged. No action required. Matt Herrera City of Federal Way Community Development Department -6- October 23, 2014 3. Lakehaven's typical easement dedication language/terms are correctly shown on Sheet 3. Response: Acknowledged. No action required. 4. All Lakehaven easement areas, as shown on the approved water construction plans (no sewer easements required), are correctly indicated & identified on Sheets 4 & 5. Response: Acknowledged. No action required. 5. If you have any specific project completion questions you can contact Bill Nelson (BNelson @Lakehaven.org). Response: Acknowledged. No action required. We believe that the above responses, together with the enclosed revised final plat map and associated documents, address all of the comments in your letter dated August 21, 2014. 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, Terry Wilson Senior Project Planner TW/kn 16518c.007.doc enc: As Noted cc: Randy Goodwin, Eagle Creek Land & Development, LLC Mike Chaffeur, Eagle Creek Land & Development, LLC Darci Chaffeur, Eagle Creek Land & Development, LLC Thomas A. Barghausen, Barghausen Consulting Engineers, Inc. Bryan Schwartz, Barghausen Consulting Engineers, Inc. Kimberly Anderson, Barghausen Consulting Engineers, Inc. Altmann Oliver Associates, LLC AOA PO Box 578 Carnation, WA 98014 May 18, 2007 Deb Parker, planner City of Federal Way Office (425) 333-4535 Fax (425) 333-4509 Reference: Mirror Estates - 30879E Subject: Wetland Mitigation Revisions per Otak's 1/19/07 Letter Dear Deb, Environmental Planning & Landscape Architecture AOA-3215 Attached, please find the revised wetland mitigation plans for Mirror Estates. The plane have been revised to include the changes noted below. 5elow are our responses to Otak's comments — from 1/19/07 letter by 5uzanne Pagehaw — are noted in green. 3. Review of the Mitigation Plan Sheets Provide the following corrections and additions listed below. Text that should be added is indicated by underfinina a d italics. 3.a. Sheet W 1.1 3.a.1 Pedestrian Path: correct the layout and width of the pedestrian path so that it is consistent among all of the site plan sets (e.g. mitigation plans, civil site plans, etc.). Done 3.a.2 Buffers of Wetlands A and C/D: include only the onsite portions of the buffers of Wetlands A and C/D. Provide square footages for the existing onsite buffers for each of Wetlands A and C/D. Correct the designated locations and square footages of these buffer impacts on Sheet W1.1 and all other applicable drawings and site plans, inn-luduig the civil plan set. As depicted on Drawing W1.1, buffer impacts associated with on -site filling of Wetland A result in 6995 sf of buffer impact. Wetland C/D buffer impact is 12,142 sf. The trail, located in the SE portion of the Wetland B buffer encompasses 3229 sf of additional bufferRECEIVED impact for a total onsite buffer impact of 22,366 sf. 3.a.3 Wetland B Buffer: provide the square footage of the existing onsite buffer for MAY 2 1 2007 Wetland B. Correct the designated locations and square footages of impacts to Wetland B Buffer —both the pedestrian path and any existing buffer square fooQ�Y OF FEDERAL WAy BUILDING DEPT Deb Barker May 1b, 2007 f'age2of14 located outside of the path (area between the outer edge of the path and the outside edge of the: buffer) are buffer impacts and must be designated and counted as such. The existing onsite Weiland B buffer is 43,727 sf in total. Buffer replacement along the west side of Wetland B accounts for an additional 7514 sf of buffer area. Impacts associated with function as buffer is 3229 sf for a total Wetland B buffer of 48,012 sf the trail and the area between the trail and the south property line, that we believe will still of enhanced buffer. 3.a.4 Created Wetland: correct the square footage of created wetland. The total square footage of created wetland is 11,255 sf. 3.a.5 Buffer Enhancement: correct the designated location and square footage of buffer enhancement. Neither the created wetland nor any of existing buffer square footage located outside of the path (area between the outer edge of the path and the outside edge of the buffer) count as buffer enhancement. The total area of buffer enhancement include the 50' enhanced buffer in addition to the 7514 sf of buffer area for a total of 48,012 sf of enhanced buffer. 3.a.6 Buffer Addition areas: using a different fill pattern, designate and label the Proposed buffer addition areas, and provide square footages. See W1.L 3.a.7 Buffer Perimeter Fence: show the location of the buffer perimeter fence. Where the buffer is adjacent to lots (Lots 7, 8, 17, 18, 21, and 22), the buffer perimeter fence shall be located along the edge of the buffer. Where the path intrudes into the buffer and buffer addition areas, the buffer perimeter fence shall be located along the wetland side of the path. Show the location of the buffer perimeter fence on all applicable drawings and site plans, including the civil plan set. Provide design details for the buffer perimeter fence on Sheet W2.1. The buffer perimeter fence (split -rail fence or similar) shall allow for the passage Of small animals. The location of the buffer fence has been added to Drawing W1,1 and Detail 4 on Drawing W2.1 depicts the fence detail. 3.a.8 Signs: designate locations for critical area signs along the buffer perimeter fence. Signs shall say that human and pet access into the buffer and wetland is prohibited. There shall be a minimum of one permanent sign per lot. Designate locations along the pedestrian trail for installation of educational signs which explain the important functions that wetlands and buffers perform. There shall be a minimum of two permanent educational signs. Show the locations of the signs on all other applicable drawings and site plans, including the civil plan set. Provide design details for the critical areas signs and the educational signs on Sheet W2.1. 6 critical area signs and 2 educational signs shall be installed --- see locations depicted on Drawing W1.1. The City shall approve of design and language prior to installation as discussed with Suzanne. 3.b. Sheet W2.1 3.b.1 The grading plan proposes a limited section of 1:1 slope along the western side of the created wetland. This is too steep. Wherever possible, and without damaging existing tree roots, relax the slope to a maximum of 3:1 (run:rise). In areas where the Deb Barker May 1b, 2007 f age 3 of 14 slope needs to be 1:1 to preserve tree roots, place large two- or three man rocks, or large woody debris (as shown in the drawing) along the slope to stabilize it. Provide specifications to decompact the construction access route to the created wetland. The grading plan has been revise to show placement of large woody material where slopes exceed 3:1. The specifications have also been revised to reflect this. Section 2.2 and Section 4.1 of the specifications on Drawing W4.1 have been modified to provide detail related to placement of large woody material on slopes greater the 3:1 and for decompaction of construction access points. 3.b.2 Detail 1 Snag w/Nest Box Detail. Provide corrections to the text and title to include: • There is no nest box: delete from the title. The snag should be cedar if possible, with 20-inch minimum dbh (as specified). However, the City may be willing to approve a smaller dbh (minimum of 12 inches) if the snag is cedar rather than Douglas fir. Because this snag will be installed in a wetland with expected inundation of two feet or more, a minimum of 30 percent of the total length of the snag should be buried. Extra diligence must be taken to firmly compact the soil around the buried snag since the area of created wetland where it will be installed is expected to have saturated or inundated soils year-round. See revised Detail 1 on Drawing W2.1. 3.b.3 Add roof drain outlets into Wetland B buffer from Lots 18 and 21 to provide additional hydrology to the created wetland area. Show the location of the roof drain outlets from Lots 18 and 21, as well as those from Lots 4 through 8 and Lot 22, on all other applicable drawings and site plans, including the civil plan set. All roof drain outlet structures should be placed at the outer edges of the buffer. See revised Drawing W1.1 and revised civil plan set. Here is the information related to wetland hydrologic support we received from the engineer, Jerrit Jolma. Wetland -A Historic Discharge Volume Analysis Total Existing Area Tributary to Wetland A = 2.38 ac Please see Figure 2: Existing Conditions Map Till Forest = 2.23 acres Wetland = 0.13 acres Impervious = 0.02 acres Historic Discharge Volume between 10/01/48 — 9/30/98 = 73.55 ac-ft (please see KCRTS output in Appendix A. Area required to match volume flows during the same time period. Assume: 4,000 sf of impervious surface per lot 6 lots x 4,000 sf = 24,000 sf or 0.55 ac Deb Barker May 18, 2007 Fage4of14 Historic Discharge Volume between 10/01/48 — 9/30/98 = 73.10 ac-ft (please see KCRTS output in Appendix A. By routing downspouts from 6 lots directly to Wetland B, the historic discharge volume from Wetland A will be replaced to within 0.6%. In addition, per the City's Wetland Biologists request, roof downspout drains from 5 additional homes will be routed to the Wetland B creation area. Existing onsite Wetlands A, C/D, and E are proposed to be filled and mitigated for by expanding Wetland A. The volume lost from these wetlands is approximately 7,948 cf. This storage volume will be replaced as part of the proposed wetland creation, which will add approximately 24,624 cf. 3.b.4 As specified in 3.a.7 and 3.a.8, provide design details for the buffer perimeter fence, the permanent critical areas signs, and the permanent educational signs. 6 critical area signs and 2 educational signs shall be installed — see locations depicted on Drawing W 1.1. The City shall approve of design and language prior to installation as discussed with Suzanne. 3.b.5 Provide a detailed grading plan as specified in comment 4.e. The existing contours for this project are at 2-foot contour intervals. We interpolated contour 287 on Drawing W2.1 to provide more detail to the grading within the creation area only. 3.b.6 Correct Note 5: "All wedand and bu ermitigation planting..." Done 3.c. Sheet W3.1 Done 3.c.1 Planting Plan: provide corrections: • Do not install trees, shrubs, or cuttings in the channel to the wedand outlet structure at the south end of the wedand. • Scouler willow (Salix scouleriana) prefers drier conditions than other common native willow species. Add Sitka willow (Salix sitchensis) and Hooker willow (Salix hookeriana) to install next to or in wedand areas. • Clustered rose (Kola pisocarpa) prefers wet conditions. Add Nootka rose (Rosa nutkana) for the drier locations in the buffer. • High -bush cranberry (Viburnum edule) prefers somewhat damp conditions. • Consider adding ocean -spray (Holodiscus discolor) and mock orange (Philadephus lewisiz) for drier upland conditions. We added mock orange by no ocean spray. • Areas where the buffer is less than 50 feet wide (e.g. along the pedestrian path) should be especially densely planted. In these areas two -gallon trees should be spaced at eight feet on center. 3.c.2 Detail 1 Container Shrub Detail. Provide corrections to the text and tide to include: The majority of the trees will be planted as two -gallon containers. Add "tree" to the tide. 0 The soil moisture retention agent shall not be used in any wedand areas. Deb Barker May 18, 2007 Faec5of14 • Mulch shall not be used in any wetland areas. In the buffer on the west side of the wetland, apply 6 inches of arborist mulch to the entire area of dense plantings. On the east side of the wetland where plantings are scattered, apply 6 inches of arborist mulch to a minimum width of 36 inches around installed plants. Mulch should be pulled back approximately 4 inches from all stems. Mulch shall not touch stems or trunks of installed plants. We apply 2" of mulch to plantings as 6" we feel is too deep and may be detrimental to the plant material. 2" is the industry standard. • Add the note from Detail 2 for planting on slopes. 3.e.3 Detail 2 Bare -Root Planting Detail. Provide corrections to the text to include: • Mulch shall not be used in any wetland areas. In the buffer on the west side of the wetland, apply 6 inches of arborist mulch to the entire area of dense plantings. On the east side of the wetland where plantings are scattered, apply 6 inches of arborist mulch to a minimum width of 36 inches around installed plants. Mulch should be pulled back approximately 4 inches from all stems. Mulch shall not touch stems or trunks of installed plants. We apply 2" of mulch to plantings as 6" we feel is too deep and may be detrimental to the plant material. 2" is the industry standard. 3.c.4 General Planting Installation Notes. Done • Note 3 correct: "...or in exposed areas." delete "year" • Note 4 correct "...remove after oneyar." • Note 6 correct: fertilizer shall not be used in any wetland areas. Add text to conform with Section 9.3 on Sheet W4.1 • Note 7 correct: soil moisture retention agent shall not be used in any wetland areas. Add text to conform with Section 9.2 on Sheet W4.1 • Add: Nde S. All installed lants sh ll e a ed or at ea7vis mare at or Ge Pe installation so that they can he icl ntt �e thaw riot the-five-year>aforritar�aa r' 3.e.5 Plant Schedule. A vigorous root system is the most important factor for successful establishment of restoration/enhancement plantings. The height of the plant above ground is much less important. Twelve inch height for the one- or two- gallon container -grown shrubs and 18 inches for the two -gallon container -grown trees is adequate. Generally speaking, container -grown plants have a significantly higher survival and establishment rate than bare -root or balled and burlapped plants. Except for willow stakes, install one- or two -gallon container -grown shrubs, and two- or five - gallon container -grown trees. OK and Done. 3.e.6 Plant Schedule. Trees: Provide corrections to the text to include: Done • Indicate that Pacific willows will be installed as dormant cuttings December 1 through March 1, and as one -gallon container -grown plants during the rest of the year. • Most trees should be installed as two -gallon container -grown plants, except for the larger cedars and hemlocks which will be installed on the east side of the wetland. These should be five -gallon container -grown plants. 3.e.7 Plant Schedule. Shrubs: Provide corrections to the text to include: Done Deb Barker May 18, 2007 page 6 of 14- Indicate that willows will be installed as dormant cuttings December 1 through March 1, and as one -gallon container -grown plants during the rest of the year. Scouler willow (Salix scouleriana) prefers drier conditions than other common native willow species. Add Sitka willow (Salix sitchensis) and Hooker willow (Salix hookeriana) to install in or adjacent to wetland areas. Clustered rose (Rosa pisocarpa) prefers wet conditions. Add Nootka rose (Rosa nutkana) for the drier locations in the buffer. • Consider adding ocean -spray (Holodiscus discolor) and mock orange (Philade phus lavisir) for drier upland conditions. 3.c.8 Plant Schedule. Buffer Seed Mix: Provide corrections to the title and text to indicate that grass seed shall not be planted in the buffer areas. Research has shown that seeding grass in enhancement areas significantly reduces the growth and vigor of installed trees and shrubs. Done nor are we seeding in the wetland. 3.e.9 Detail 3 Cutting Planting Detail. Provide corrections to the text to include: Done • "Use at least a 36 inch steel bar.... when planting all cuttings. Insert spike to a minimum o 24 inches or to at least one hal the lent ! e coffin rhichever is de er. Insert cutting and..." • "Insert cuttings manually ... to a depth of at least'24 inches or to at least one hal o the length gf the cutting, whichever is deeper. Leave a minimum of 16 inches of cutting above ground..." • Note 1. "Dormant cuttings shall be willow species as noted in Section 17.4 on Sheet WI4.1. Cuttin s will onl be used iyp la n kng occurs hehueen Decerrybe) -1" and March 1 ". For 6lanling behveen March 1' and Dec m1;er 1". one gallon coatainer_grorvn P ants shall be installed Native willon, cm it shall be grorvn and collected in the Lower Pu et Sound area -from dormant tries and shr ubs. • Note 2. "Cuttings shall be at least 318 inch diameter and..." • Notes 3, 4, and 5. Provide corrections to these notes to be consistent with paragraph 7 of corrected Section 8.1 on Sheet W4.1 (comment 3.d.14). 3.c.10 Notes. Correct Note 5 to: "All wedand and bu ermitigation planting areas shall be irrigated...." Done 3.d. Sheet W4.1 Done 3.d.1 Section 1.1 - Grading Schedule. Provide corrections to the text to include: • First paragraph: earthwork in the created wedand area must be completed by August 31 to ensure adequate establishment of the seeds of the emergent species prior to the rainy season. Exposed areas of the buffer shall be stabilized with arborist mulch, not by seeding grass. Add the following text to the second paragraph "Pre erentiall , planting should occur anytime between December 1 and March 31, cxe t dwiT eriods o (ree in terrrberatures or snore, to take advantage of natwgfiy_moist soils." 3.d.2 Section 1.2 - General Site conditions. Add the following text to the end of the second paragraph: Clearing limits shrill be 1a ed and 7'E.SC measures s all be installed Ge ore Deb barker May 18, 2007 Image 7 of 14 the commencengent of any clearing g gzr ding-adhitier_ 3.d.3 Section 1.3 - Existing Vegetation to Remain. • First paragraph, correct the first sentence to: "Prior to grading...at the dri�line or the clearcn �radin la9nitr. rvhicliever distance isgreater. for all tr-eesi. • Correct the second paragraph, last sentence to: "Plant species and quantities to be approved by PE and the Ci-yof Federal Val prior to installation." 3.d.4 Section 1.5 - Clear and Grub. • First paragraph, after the sentence "Landscape Contractor shall remove blackberry... by hand, with minimal disturbance to the existing vegetation." add: It is strongly+ recanrtriended that a IY/eed lY/rerrch T(http:ll eyrrny.weecirrrencla.cow f-fig used to ?-en7oye hlackbeta crnsvns and roots when the soil is moist. Non-native invasive species shall 6e removedf om the enting Wetland B Gr�er area and the created wetland area. • First paragraph, after the last sentence add: Reed rangy gr-ass can he left in place if RE deterwines that r-enpoval actions might damage existing vegetation to remain - hartiealarI are the east side of the wetland and gd acent to the existing wetland • Second paragraph add: "PE and the CityFedera! Way to designate any additional plant species..." 3.d.5 Section 1.7 - Excavate Mitigation Area. Second paragraph, correct depth of excavation and topsoil replacement from 6 inches to 12 inches to be consistent with Note 4 on Sheets W1.1 and W2.1. 3.d.6 Section 1.9 - Bentonite Contingency. First paragraph, after the first sentence add: The Ck oLZedergl Wail must � p rove the dgi n and use of a uentynite clad liner. 3.d.7 Section 2.1 - Install Snag. First paragraph, after the first sentence add: The snag will be installed according to Detail 1 Snug wlNest Box Detail on Sheet 112.1. Correct this paragraph to concur with corrections for that detail in comment 3.b.2 above, specifically, there is only one snag to be installed; the snag should be cedar if possible with 20-inch minimum dbh, although the City may be willing to approve a smaller dbh (minimum of 12 inches) if the snag is cedar; and a minimum of 30 percent of the total length of the snag should be buried. 3.d.8 Section 3.1- Place Stockpiled Topsoil. Second paragraph, the correct depth of topsoil replacement from 6 inches to 12 inches to be consistent with Note 4 on Sheets W1.1 and W2.1. 3.d.9 Section 3.2 - Irrigation. Add the following text to the end of the fourth paragraph: Esbesially dry conditions or warm kffperabres may necessitate beginning irrigation ,sooner in the season, andl nr irrigating more fie trently du ng the season. 3.d.10 Section 3.3 - Hydroseed. Provide corrections to the text to include: only the created and disturbed wetland areas should be seeded (with the wetland mix). Bare soils in the buffer areas shall not be seeded with grass. Instead stabilize bare soils in the buffer with arborist mulch. 3.d.11 Section 5.1 - Soil Stabilization. Provide corrections to the text to include: as in comment 3.d.10 above, only the created and disturbed wetland areas should be seeded (with the wetland mix). Bare soils in the buffer areas shall be stabilized with arborist mulch. Deb Barker May 15, 2007 Page 8 of 14 3.d.12 Part 6 - Damage and Road Maintenance. At the end of the third paragraph add: "Any changes or modifications to this plan must receive prior approval from AOA and the Cia of Federal [1l 3.d.13 Section 7.2 - General Conditions. • First paragraph, provide corrections to the text to include: except for areas that will be graded, use only manual means to remove non-native invasive plant species from the entire Wetland B buffer. Use of a Weed Wrench TM (http://www.weedwrench.com/) to remove blackberry crowns and roots from moist soil is recommended. • Add the following text to the end of the first paragraph: Herbicide use shall not be allarved in wetland areas. Limited herbicide use Ne be allowed in upland bu er areas on with with�6kroval i m the Cat + ofFedeml Wla cater manual contml arts have lkled. 0n/, eo a 1 &ate herbicide or nth r- herbicides that are a roved or use in rvedand arrd strea3rr bu ers shall be used � ferbicide shall not Ise s r ed in &mer areas lx e r aint "roved herbicide on leaves or cal stems as ial-Oriate - late sldMIVer is usuall�t e mast e ective season f or herbicide use. To control blackberries in the late summer, crrt re- nuts to within 6" of the erounel and imrnediatel aim E e cut ends Ei& concentrated Rodeo. Non- raative invasive ecies shall lJe removed irrm the entire Wetlanel bu er ar ea and the a ated wetland area. Reed caner sass can le t in lace i the PE determines that removal actions > Image exisling vegetation to remain --LotjuIarl on the east side o�'the wetland and crd acent to the exfstin wetland! 3.d.14 Section 8.1 - Plant Materials. • First paragraph, last sentence add: "PE and the 00 of Federal Wlay shall pre - approve... „ • Second paragraph, provide corrections to the text to include: no horticultural varieties of native species shall be used. • Third paragraph, add the following text to the end of the last sentence: Plant ernes subst t fiats Maims noval from the Ci o Federal I.W . • Fourth paragraph: balled and burlapped plants should not be installed (see comment 3.c.5 above). Delete those specifications. • Seventh paragraph, provide corrections to the first sentence: "Native willow cuttings shall be grown and collected in the LpjverPg e1.5 rrnd area. Cuta`in s will be ham ested onl m d rasa t uillows " Third sentence: "Dormant cuttings shall be a minimum..." Second to the last sentence and last sentence: "Cuttings shall only be used if planting occurs between December 1 and March 1. F r larttirs ehueen March 1 and Deeerrlber l one- allon container- romp Plants shall lie instullecl " 3.d.15 Part 9 -Plant Installation. Add the following text: All installed Innts r all be & ed or otherwise marked at or be are installation so tat the Y can be identi red thr au !.rout the me ea mondoringheriod 3.d.16 Section 9.1 - Soil Preparation/Amendments. Provide corrections to the text to include: the soil moisture retention agent shall not be used in any wetland areas. 3.d.17 Section 9.2 - Soil Moisture Retention Agent. Provide corrections to the text to include: the soil moisture retention agent shall not be used in any wedand areas. Deb Barker May 18, 2007 Page 9 of 14 3.d.18 Section 9.3 - Fertilizer. Provide corrections to the text to include: fertilizer shall not be used in any wetland areas. 3.d.19 Section 9.4 - Mulch. Provide corrections to the text to include: Mulch shall not be used in any wetland areas. In the buffer on the west side of the wetland, apply 6 inches of arborist mulch to the entire area of dense plantings. On the east side of the wetland where plantings are scattered, apply 6 inches of arborist mulch to a minimum width of 36 inches around installed plants. Mulch should be pulled back approximately 4 inches from all stems. Mulch shall not touch stems or trunks of installed plants. 3.d.20 Section 9.5 - Staking. Provide corrections to the text to include: only large trees (5 gallon) require staking. 3.d.21 Section 9.6 — Re -seed Disturbed Areas. Provide corrections to the text to include: only the created and disturbed wetland areas should be seeded (with the wetland mix). Bare soils in the buffer areas shall not be seeded with grass. Instead stabilize bare soils in the buffer with arborist mulch. 3.d.22 Part 12 - One -Year Maintenance. Provide corrections to the text to include: only the created and disturbed wetland areas should be re -seeded (with the wetland mix). Replace mulch in bare areas in the buffers. 3.d.23 Part 13 -As-Built Plan. Add the following text to the end of the first paragraph: T e s-Built 14e rl pvill list agagt&fies sties and si es o knts installed in the miti atian areas. It w1l include a site LW nnth the locations o : all installed trees rapid slannabs in the bu er and created waland- all-p ermaanent monitorirr lots• call p1mlanetat bo 0 pints• the hpo PEeZoi&eter's• the sna 'all installed bat boxes and doivned logs (or large rvood�y _del) ris the hu er�ieaxgneterfeme. inforwatiopaa! sins. and the pedestrian tre dl. 3.d.24 Part 15 - Long -Term Monitoring Program. Provide the following corrections and additions to the "Monitoring will include data collection of the following items:" • "Count all installed trees and shrubs in the mitigation areas for mortality/survival" - on the west side of the wedand where the plants are densely planted, it is recommended that a sufficient number of representative permanent monitoring plots be established to count a minimum of ten percent of the installed trees and shrubs, rather than counting all of them. Count all of the installed trees and shrubs on the east side of the wetland where they will be more scattered. Also establish at least 4 one -meter square permanent monitoring plots in the created wetland to monitor percent cover by emergent species. Done, although all plants will be counted and assessed. • "Assess the health of all installed plants... for any disease, infestation, or danra e wildlife le.p. gmZZr,e rrdlirrg, etc.). • "Estimate percent cover by.n-native invarive species, and specify Locationsextent, rrrrd maintenance/removal techniques in order to sgad the Pe ormance .Stand and less than 10% cover, and to promote the growth and survival of all installed plants. • "Photograph the created wetland and enhanced buffer areas from at least 5 liermetnent photopoints which are desa n ated In a metalfence Bost or other marker. The location and ...." Deb Barker May 18, 2007 Page 10 of 14 • Assess the conditions and rvildli a usa a tl a sna bat boxes n rrstalled la e rvoo debris. Also note mvildli e presence and use o rvetl rd and u er areas. The biolgeirt will record o senxrtiorrs aL go oes an d rvildli e in dicators sueb ax scat rints nests h oles b mwsing marks etc. • to lash at least ie nnreters in t e created wetland area to monitor h dralo .Install one ie pweter in a location where ear -round saturated soil. rare ex ected and the second in a location rr Derr seasonal saturation as Lxpected. Measure water de th in the ie o eterr or de d estanding water drain each monitarirr visit. Also note the ecies condition and a roximate cover by abla ate plants in the created wetland area. • 0bserue and note Zgn era l rite conditions and maintenance arfi ns that ..gust Fie to n includin Gut not limited to): bat box LV airl to lacement ence i rp trim trash removal and x Ich r4lacement. • "Submit the results of the annual monitoring... following field monitoring." Each monito 6ng r art shall include. a of -documentation ram all pepmanent hoto- oints• b ercent suniva IQ f installed lams - based on the results of bo 1b the monitarin lots on the west side o f the metland and the total count on the east side a the wetland • c enerr l health and v' or a installedtrees and shrubs• ePei-cent cover by eme ent 4pecies in the created wetland rnonatorin lots d results a fhydroloa monitonn . water de th in tl a & meter rrrrd reseme and extent of obli ate lasts in the created uretlar area • e condition and In dli e use o the aa Fiat boxes and ion.,ned 10 s la e ivoody dekirk Penent ae6zyl con r non-native inpa,riye &cier in tl e emir bar er and crea led metla d area as null as in the monitored Plots conditions o the bu er err eier fence and in omiational si nr h whether trash is resent in the bu er and wetland- i ZLneral site conditions• an gsess.,vent o 'rvhether Pe . orxmaance Standards are bein >rmet• k recq,-&mended maintenance activities to ensure that Pe ormance Standards are mei and 0 whether corttin en , measures an necessa . 3.d.25 Section 15.1 Mitigation Goals. Provide the following corrections and additions: • "1. Improve existing wetland bu er habitat and function...." • "2. Create new wetland... and amphibians. Provide habitat -features including a sna bat &axes and large woody debris. 3.d.26 Section 15.2 Performance Standards. Provide the following corrections and additions: • "4. Provide a minimum of 80 percent survival of all installed trees and shrubs throughout the five years of monitoring." • "5. Maintain less than ten percent non-native, invasive plant cover in the created wetland and all I.Yfetland B buffer aus throw bout the five years of monitoring." • 6. Establish Eetland h drolopy tbmughout. tlae created wetland aria. • 7. By the end of the 5 yea r• monaorinp berioel, there shall be 60% caner by native erjzergent ecies in the sections oL the created wetland where seasonal inundation does n t re emit the gr omth ongent 0 des. • 8. The shall be visasl evidence that the installed trees and shrubs are vl orous new eivrvth and no visible si w gLlngrL • 9. Floe snap. bat boxes, and installed large_woody debris shall be bresent and in good condition tl og�ljout the-& years of mxonatoring Deb Parker May 18, 2007 f age 11 of 14 3.d.27 Part 17 - Long -Term Maintenance Specifications. Add the following text to the end of the first paragraph: M intenance acdyitief include aLut are n t limited to,). in7i ation weed cart 1 mule/ nZtheepieg, i&Igiving as necessam re airarr r lacin and maintairrin :the snq& Gat boxes, the u er oimeter ence and in ormational si ns• trash removal from the bu er and wetland areas, • rongal 'silt ences and other TE.SC devices wben 4proved by PE • removal o tree t ction encin when roved G PE • and remawl o tree stakes when rasred b PE. 3.d.28 Section 17.1 Weed Control. At the end of the first sentence add: Use of a Weed Wrench TM 0) hpmv. weedrrrreneb. cam to remove weed crowns and roots io moist soil is recor�arnended. Herbicide rise shall not )e all rued in ry tland areas. MU h rbidde use rrra be allowed irr da tarrd b r arras qn& rant a roval rom the Ca o Fe ral Wla a ter manual control efforts bave-failed Only Rodeos a osate herbiei& or other herhicides that are a proved for use in wetland and stream Gars shall be used. Herbicide shall not be .OWLed in buffer areas. 6Yi e. or Laint rr roved herbicide an leaves or cut stems as 4twridta - late summer is Rsmalh the most e feciive season for herbicide rrse. T o control blackberries, i, the late summer Litt i -t-sprout.s to within 6 inches o f the C round and immediate. X5 intl o a cut ends with concentrated Rodeo& • Delete the sentence "Chemical means..."; • Provide corrections to the text to include: "Undesirable and weedy exotic plant species listed above shall be maintained at levels below ten rcent total cover n7 tl�e r dre jai third B brs er area and the created ruetland area at all tunes during the five-year monitoring period. All removed weed rrraterial shall lae removed from the site andrlisbosed of proper 3.d.29 Section 17.2 Reed Canary Grass Control. At the beginning of the first paragraph add: Deed canary Ptass can Fie left inPlace_�the PE determines that reanoval actions mi ht darxra e e 'stirs ve etataon eit er anstalled or reariainin xistirr rle etatdor8 - CrrtdCularl on the east side o the wetland and gd cent to the exasaing wetland At the end of the first paragraph add: All remoild weed maternal shall be retytayerl ftorrr the site and disposed of pM& rlx_ • Provide corrections to the text of subsection 1 to include: Weed whackers shall not he used in areas where tryes and shrubs were installed. Herbicide use shall not be allowed in rvet and areas. L cited herbicide nse may he allowed in Oland buffer areas on1 with . royal from the Codecal Wla Y a ter manna! control e its heave ailed Onl Rodeo® a l hosate ly rhidde rather herbicides tat are a roved or use in wetland and str ecarrr bu ers shall be user. Late surrrrrre i . is mall I,ost a ectitre season or herbicide rise. the rr • Provide corrections to the text of subsection 2 to include: "Areas shall be staked with dormant willow cuttings... During March 1 through November 30... in place of cuttings. Maintain and rrrorr zor• Mae ne- lanted removal areas." 3.d.30 Section 17.3 Himalayan and Evergreen Blackberry Control. Delete this section and substitute the following text: Himalayan and Eve reen blac .berries shall be removed fmm the eyfia Wletland B &&r area and the created wetland area. Wlben the soil is moist cart and rearrove long canes leavin a mximatel one oat o the cranes aboz� roarnd. Use a Feed Ir/ieatch Deb Barker May 18, 2007 Page 12 of 14 TM ly _ rrnvrv.rveed)Prwr1). con to extract Crowns and mots r ane moist s il. All remo d black ben , mdterxaIs shall be removed from the sit orgd AM osed 9L LiMerl � He rbicide use sha11 not be allowed itr rvetlund area I.inrited rbicede s ma , be allowed in land bu er areas ora ?n u mval from the i Federal i ns terman uaI control a arts or blackberries h v ailed 0 1 Rodeo8 (a glvbljosaL bghkeede) or other herbicides that rite att, roved-&r use in wetland and stream b ers s a 1 be rrsed Her ' ale shall na be ra ed in bar era eas. To control blackberries in the late summer cram cut ra marts to ruithin G" o th round and rrnmedratel rvi e cast ends rvitln concentrated Rodeog Re:plant all areas in the bu er and created wetland area teur 1 to or neuter than 16 square e t where blackberries are remaved...Ytak.e rvetlanrd areas with native willow cutti s see .Qa in Last and Striking S eci cations below). Durirr March 1 thr oar li November 30one- allon Plasts shall be used in A&Le o f cuttings. For the &j& r a reas, use qpP ra riate species- corn the naiti atian tan plant sched le and install I ge&on sbwk at feel on ce ter and 2 allort trees at 8 eet OC. Maintain and monitor these re- lanced removal areas. 3.d.31 Section 17.4 - Staking List (from Wet to Dry). Substitute the following text for the staking list: fad c Eillaw Salix lucidu Hooker n illory alix hookeraana Sitka ryilloly ,Uix satchensir nd Seauler EL11pw Vahx scortlenana . 3.d.32 Section 17.4 - Staking Specifications. Provide corrections to the text to include: Willow cuttings shall be dormant when they are harvested and installed. Cuttings shall conform to specifications in corrected Section 8.1 (3.d.14). Specifications for installing cuttings are listed in Detail 3 - Cutting Planting Detail on Sheet W3.1. Willow cuttings or container -grown plants will also will also be installed in areas of blackberry infestations listed above in corrected Section 17.3 (3.d.30). Dormant cuttings will be installed in pilot holes to a minimum of two feet, or to at least one half of the length of the cutting whichever is deeper. 3.d.33 Section 17.7 - Maintenance of Trees. Provide corrections to the text to include: no weed -whacking shall be done in planted areas. 3.d.34 Part 18 - Contingency Plan. Correct the first sentence to: "All dead plants... or a substitute Oecias gjWmztd ju the —C—dy o F d a! 1YI that meets the goals of the mitigation plan. 4. Additional Information Required 4.a. Provide design details for the outlet structure from Wedand B in the civil plans as well as in the mitigation plan sheets. The outlet elevation shall be the same as the current outlet elevation (288 feet) to avoid altering existing wetland hydroperiod. The details are on the civil plan set and are not on the mitigation set, as we do not feel comfortable providing details on our drawings that were not prepared by our firm — per discussions with Suzanne. 4.b. In the civil plans as well as in the mitigation plan sheets, provide design details and locations for the outlet structures into Wedand B buffer from the roof drains from Lots 4 through 8 and Lot 22. Add roof drain outlets into Wedand B buffer from Lots 18 and 21 to provide additional hydrology to the created wetland area. All roof drain outlet structures should be placed at the outer edges of the buffer. The details are on Deb Barker May 18, 2007 f age 13 of 14 the civil plan set and are not on the mitigation set, as we do not feel comfortable providing details on our drawings that were not prepared by our firm — per discussions with Suzanne. 4.c. Pedestrian Path: correct the layout and width of the pedestrian path so that it is consistent among all of the site plan sets (e.g. mitigation plans, civil site plans, etc.) (comment 3.a.1). Done 4.d. Provide specifications in the Mitigation Plan Sheets to decompact the construction access route to the created wetland. See Drawing W1.1 and Section 4.1 on Drawing W4.1 4.e. Provide a detailed grading plan for the created wetland areas with existing and proposed one -foot contours. Include a minimum of three cross -sections. One cross- section should include the deepest part of the created wetland, and a second should show the widest location of the created wetland with a proposed hummock. Include corrections for the section of 1:1 slope (comment 3.b.1). The existing contours for this project are at 2-foot contour intervals. We interpolated contour 287 on Drawing W2.1 to provide more detail to the grading within the creation area only. The 1:1 slope issue has been corrected, see Section 2.2 on Drawing W4.1. Preparation of 3 cross sections is cost-prohibative, as discussed with Suzanne. The landscape contractor will be able to interpret this small grading plan with no difficulty. In addition, the project biologist will be reviewing the grading implementation at multiple times per the specifications. 4.f. Show the Buffer Perimeter Fence (comment 3.a.7) and locations of permanent signs (comment 3.a.8) on all appropriate sheets including the civil plans as well as in the mitigation plan. See response to 3.a.7 above. 5. Recommended Conditions 5.a. Address all issues and provide corrections and additions specified in this memorandum. 5.b. Submit a revised mitigation plan sheet set (Sheets W1.1, W2.1, W3.1, and .W4.1) for review and approval and conditioning by the City of Federal Way. 5.c. The City's wetland biologist shall review the Temporary Erosion and Sediment Control Plans. 5.d. The City's wetland biologist shall review the final Technical Information Report (TIR). The items have been addressed aS noted in blue above. We recommend having the City adopt Standardized mitigation Specifications Since it is evident from the details of these conditions, that they would be warranted. Many of the detailed conditions within this letter are not standardized in the industry and vary from consultant to consultant. If the City adopts standardized Specifications, then a great deal of time associated with Deb Barker May 18, 2007 Page 14 of 14 peer review and revisions would be saved which could be utilized in restoration of degraded wetland and streams throughout the City. If you have any questions, please call me at (425) 333-4535. Sincerely, ALTMANN OLIVER A550CIATE5, LLC Simone Oliver Landscape Architect Attachments 1. revised mitigation drawings W1.1-W4.1 cc: Gary 5chulz & Jerrit Jolma LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION That portion of the South half of the South half of the Northeast quarter of the Southwest quarter of Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: COMMENCING at the Southeast corner of said South half of the South half; THENCE North 89°03'28" West, 1,152.12 feet along the South line of said South half of the South half to the TRUE POINT OF BEGINNING; THENCE CONTINUING North 89°03'28" West, 60.00 feet along said South line to a point on a non -tangent curve, the radius of which bears South 89°00'24" East; THENCE Northerly along the arc of a curve concave to the East, having a radius of 330.00 feet, through a central angle of 11'13'23", and an arc length of 64.64 feet to a point of reverse curvature; THENCE northerly along the arc of a curve to the left, having a radius of 470.00 feet, through a central angle of 20001'32", and an arc length of 164.27 feet to a point of reverse curvature; THENCE Northerly along the arc of a curve to the right, having a radius of 330.00 feet, through a central angle of 08°50'55", and an arc length of 50.96 feet; THENCE North 01 °02'22" East, 49.96 feet to the North line of said South half of the South half; THENCE South 89001'50" East, 60.00 feet along said North line; THENCE South 01 °02'22" West, 50.04 feet to a point of tangency; THENCE Southerly along the arc of a curve to the left, having a radius of 270.00 feet, through a central angle of 08°50'55", and an arc length of 41.70 feet to a point of reverse curvature; THENCE Southerly along the are of a curve to the right, having a radius of 530.00 feet, through a central angle of 20°01'32", and an arc length of 185.24 feet to a point of reverse curvature; THENCE Southerly along the arc of a curve to the left, having a radius of 270.00 feet, through a central angle of 11'12'42", and an are length of 52.83 feet to the TRUE POINT OF BEGINNING. ALSO That portion of the South half of the South half of the Northeast quarter of the Southwest quarter of Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: BEGINNING at the Southeast corner of said South half of the South half; THENCE North 89°03'28" West, 30.00 feet along the South line of said South half of the South half; THENCE North 01 *05'17" East, 113.31 feet to a point of tangency; THENCE northwesterly along the arc of a curve to the left, having a radius of 25.00 feet, through a central angle of 90°07'07", and an arc length of 39.32 feet; THENCE North 89°01'50" West, 39.66 feet to a point of tangency; THENCE southwesterly along the arc of a curve to the left, having a radius of 25.00 feet, through a central angle of 89053'18", and an arc length of 39.22 feet; THENCE South 01 °04'52" West, 113.45 feet to said South line; THENCE North 89°03'28" West, 52.00 feet along said South line; THENCE North 01 004'52" East, 113.38 feet to a point of tangency; Project Name: Mirror Estates September 10, 2014 BDG Page 1 of RESUBMMED 165181.001.doc OCT 242014 CITY OF FEDERAL WAY CDS THENCE northwesterly along the arc of a curve to the left, having a radius of 25.00 feet, through a central angle of 90'06'42", and an arc length of 39.32 feet; THENCE North 89001'50" West, 246.00 feet to a point of tangency; THENCE southwesterly along the arc of a curve to the left, having a radius of 25.00 feet, through a central angle of 47*11'47", and an arc length of 20.59 feet to a point on a non -tangent curve, the radius of which bears North 46'13'37" West; THENCE northerly along the arc of a curve concave to the west, having a radius of 53.00 feet, through a central angle of 85'36'26", and an arc length of 79.19 feet to a point on a non -tangent curve, the radius of which bears North 48'09'57" East; THENCE southeasterly along the arc of a curve concave to the northeast, having a radius of 25.00 feet, through a central angle of 47'11'47", and an arc length of 20.59 feet; THENCE South 89'01'50" East, 62.11 feet to a point of tangency; THENCE northeasterly along the arc of a curve to the left, having a radius of 25.00 feet, through a central angle of 90'00'15", and an arc length of 39.27 feet; THENCE North 00057'55" East, 108.43 feet to the North line of said South half of the South half; THENCE South 89'01'50" East, 52.00 feet along said North line; THENCE South 00*57'55" West, 108.43 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the left, having a radius of 25.00 feet, through a central angle of 89'59'45", and an arc length of 39.27 feet; THENCE South 89001'50" East, 278.72 feet to the East line of said South half of the South half; THENCE South 01005'17" West, 194.35 feet along said East line to the TRUE POINT OF BEGINNING. (Containing 72,792 square feet, more or less) Project Name: Mirror Estates September 10, 2014 Page 2 of 2 BDG 165181.001.doc 1'=300' r , t SW 314TH PLACE 1 , 23 i 22 3 24 21 19 7 6 5 4 , 2 a , r 20 /.f 25 r � TRACT A f,: 26 17 TRACT SY! 31 E 27 % 16 18 F2A0 T C 9 10 11 12 13 14115 1 W a SW 316TH PLACE a 1 - W 18fFf 11 Fi10AIWfflsj16518/surv8A16518exh01—row.dwg Dute/Ti'mc! SCALE: HORIZONTAL 1 "=300' VERTICAL N/A 18215 72ND AVENUE SOUTH KENT, WA 98032 _ (42$51-6222 425 251-8782 FAX gy y' CIVIL ENGINEERING, LAND PLANNING, SURVEYING, I�NGETIG� ENVIRONMENTAL SERVICES DESIGNED __ DRAWN KMA II 0/2014 3:10 PM BRAN GILLOOLY For: Title: PLAT OF MIRROR ESTATES RIGHT-OF-WAY DEDICATION EXHIBIT DATE JOB NUMBER 16518 16518L.001.doc SHEET 1of1 LEGAL DESCRIPTION DETENTIONMATER QUALITY TRACT DEDICATION That portion of the South half of the South half of the Northeast quarter of the Southwest quarter of Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: COMMENCING at the Southeast corner of said South half of the South half; THENCE North 89°03'28" West, 593.13 feet along the South line of said South half of the South half to the TRUE POINT OF BEGINNING; THENCE North 00°56'32" East, 1.05 feet; THENCE South 89017'36" East, 21.48 feet; THENCE North 01 °04'52" East, 125.64 feet; THENCE North 61 °55'20" East, 29.07 feet to a point on a non -tangent curve, the radius of which bears North 61 °55'20" East; THENCE Northerly along the arc of a curve concave to the East, having a radius of 53.00 feet, through a central angle of 22°51'12", and an are length of 21.14 feet; THENCE North 77°23'09" West, 110.65 feet; THENCE South 20°34'07" West, 7.13 feet; THENCE South 39056'35" West, 38.65 feet; THENCE South 49°56'21" West, 13.81 feet; THENCE South 21 °28'47" West, 24.14 feet; THENCE South 42'10'31" West, 18.39 feet; THENCE South 05038'21" East, 47.55 feet; THENCE South 47056'07" West, 44.14 feet; THENCE South 28°16'40" West, 26.66 feet to said South line; THENCE South 89°03'28" East, 164.30 feet to the TRUE POINT OF BEGINNING. Project Name: Mirror Estates September 10, 2014 Page 1 of 1 BDG 165181.002.doc File:P:\16000s\16518\survey\16518exhO2—storm.dwg Date/Tim SCALE: HORIZONTAL 1 "=300' VERTICAL N/A 18215 72ND AVENUE SOUTH Q'GHq�� KENT, WA 98032 Zr (425)251-6222 (425)251-8782 FAX CIVIL ENGINEERING, LAND V PLANNING, s�"INGENG10, ENVIRONMENTAL SERVICES DESIGNED DRAWN K MA Ii 1'=300' �10/2014 3:18 PM BRIAN GILLOOLY For: JOB NUMBER PLAT OF 16518 MIRROR ESTATES 16518L.002.doc Title: DETENTION/WATER SHEET QUALITY TRACT DEDICATION EXHIBIT 1 of 1 ECKED BDG APPROVED BDG IDATE 9 5 14 CITY OF FEDERAL WAY MIRROR ESTATES FINAL PLAT LOT CLOSURE REPORT BCE JOB #16518 9/4/14 IQV 18215 72ND AVENUE SOUTH Irr ;(k\ KENT, WA 98032 'r. (425)251-6222 (425)251-8782 FAX Z TANG �� G►N� CML ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES :.,SUBMITTED .,cUBMITTED OCT 2 4 2014 CITY OF FEDERAL WAY CDS Name: BOUNDARY North:109104.8973' East:1265230.8338' Segment #1 : Line Course: S89°01'50"E Length: 180.00' North:109101.8519' East:1265410.8080' Segment #2 : Line Course: S1 °05'17'W Length: 194.35' North:108907.5369' East:1265407.1175' Segment #3 : Line Course: N89°03'28'W Length: 1314.54' North:108929.1534' East:1264092.7553' Segment #4 : Line Course: N1°02'16"E Length: 328.40' North:109257.4995' East:1264098.7031' Segment #5 : Line Course: S89"01'50"E Length: 1134.83' North:109238.2991' East:1265233.3707' Segment #6 : Line Course: S1°05'17"W Length: 133.43' North:109104.8932' East:1265230.8370' Perimeter: 3285.55' Area: 407317 Sq. Ft. Error Closure: 0.0052 Course: S37°32'56"E Error North:-0.00415 East: 0.00319 Precision 1:631836.54 Name: LOT 1 North:117205.2690' East:1265379.2736' Segment #1 : Line Course: S1'05'17"W Length: 113.31' North:117091.9794' East:1265377.1220' Segment #2 : Line Course: N89"03'28"W Length: 89.65' North:117093.4536' East:1265287.4841' Segment #3 : Line Course: N1'04'52"E Length: 113.45' North:117206.8834' East:1265289.6247' Segment #4 : Curve Length:39.22' Radius:25.00' Delta:89"53'18" Tangent:24.95' Chord: 35.32' Course: N46"01'31"E Course In: S88"55'08"E Course Out: NO*58'10"E RP North: 117206.4117' East: 1265314.6202' End North: 117231.4082' East: 1265315.0432' Segment #5 : Line Course: S89*01'50"E Length: 39.66' North:117230.7372' East:1265354.6975' Segment #6 : Curve Length:39.32' Radius:25.00' Delta:90"07'07" Tangent:25.05' Chord: 35.39' Course: S43"58'17"E Course In: SO"58'10"W Course Out: S88"5443"E RP North: 117205.7407' East: 1265354.2745' End North: 117205.2660' East: 1265379.2700' Perimeter. 434.62' Area: 12139 Sq. Ft. Error Closure: 0.0047 Course: S50"21'56"W Error North:-0.00298 East:-0.00360 Precision 1:92470.21 *}}} Name: LOT 2 North:117355.8321' East:1265232.1060' Segment#1 : Line Course: S1"05'17"W Length: 67.00' North:117288.8442' East:1265230.8337' Segment #2 : Line Course: N89'01'50'W Length: 98.72' North:117290.5144' East:1265132.1279' Segment #3 : Curve Length:39.27' Radius:25.00' Delta:89"59'45" Tangent:25.00' Chord: 35.35' Course: N44"01'58"W Course In: NO"58'10"E Course Out: N89°02'05'W RP North: 117315.5109' East: 1265132.5508' End North: 117315.9320' East: 1265107.5544' Segment #4 : Line Course: NO*57'55"E Length: 42.00' North:117357.9261' East:1265108.2619' Segment #5 : Line Course: S89°01'50"E Length: 123.86' North:117355.8305' East:1265232.1042' Perimeter: 370.85' Area: 8160 Sq. Ft. Error Closure: 0.0024 Course: S47'18'16'W Error North:-0.00164 East:-0.00178 Precision 1:154520.83 •} a kkff**4f x}xlxxkxNfxNixtk*klkkhRxx*RfP`xkx'� **}Yr Name: LOT 3 North:117422.2503' East:1265233.3674' Segment #1 : Line Course: S1"05'17"W Length: 66.43' North:117355.8322' East:1265232.1059' Segment #2 : Line Course: N89"01'50"W Length: 123.86' North:117357.9279' East:1265108.2636' Segment #3 : Line Course: NO"57'55"E Length: 66.43' North:117424.3484' East:1265109.3828' Segment #4 : Line Course: S89"01'50"E Length: 124.00' North:117422.2505' East:1265233.3650' Perimeter: 380.73' Area: 8233 Sq. Ft. Error Closure: 0.0024 Course: N85*34'13"W Error North: 0.00018 East:-0.00235 Precision 1:158633.33 • *f Rxk}}**}}*..•xkxffxxfx*HMRklHxlx}+f+xx}i}MfM}*��f►xRK/fxM* x**f Name: LOT 4 North:117425.2279' East:1265057.3883' Segment #1 : Line Course: SO°57'55'W Length: 108.43' North:117316.8133' East:1265055.5617' Segment #2 : Curve Length:39.27' Radius:25.00' Delta:90°00'15" Tangent:25.00' Chord: 35.36' Course: S45°58'02"W Course In: N89"02'05'W Course Out: SO°58'10'W RP North: 117317.2345' East: 1265030.5652' End North: 117292.2381' East: 1265030.1422' Segment #3 : Line Course: N89°01'50'W Length: 40.00' North:117292.9148' East:1264990.1479' Segment #4 : Line Course: NO°57'55"E Length: 133.43' North:117426.3259' East:1264992.3958' Segment #5 : Line Course: S89°01'50"E Length: 65.00' North:117425.2262' East:1265057.3865' Perimeter: 386.13' Area: 8539 Sq. Ft. Error Closure: 0.0026 Course: S45°58'03"W Error North:-0.00179 East:-0.00185 Precision 1: 148511.54 Name: LOT 5 North:117292.9166' East:1264990.1498' Segment #1 : Line Course: N89°01'50'W Length: 22.11' North:117293.2906' East:1264968.0430' Segment #2 : Curve Length:20.59' Radius:25.00' Delta:47°11'47" Tangent:10.92' Chord: 20.02' Course: N65'25'57"W Course In: NO°58'10"E Course Out: S48°09'57'W RP North: 117318.2871' East: 1264968.4659' End North: 117301.6126' East: 1264949.8390' Segment #3 : Curve Length:19.49' Radius:53.00' Delta:21°04'16" Tangent:9.86' Chord: 19.38' Course: N52°22'11"W Course In: S48°09'57'W Course Out: N27°05'41"E RP North: 117266.2629' East: 1264910.3498' End North: 117313.4464' East: 1264934.4894' Segment #4 : Line Course: NO°57'55"E Length: 113.84' North:117427.2702' East:1264936.4072' Segment #5 : Line Course: S89'01'50"E Length: 56.00' North:117426.3227' East:1264992.3991' Segment #6 : Line Course: SO°57'55'W Length: 133.43' North:117292.9117' East:1264990.1513' Perimeter: 365.47' Area: 7201 Sq. Ft. Error Closure: 0.0051 Course: S17°20'10"E Error North:-0.00489 East: 0.00152 Precision 1:71658.82 •+H1n'+1N...RkM..tie..++.x.+Mxax+x-F-RRixi*lxlkxef x} e}+ikirJ.kR.+M= lRxR Name: LOT 6 North:117428.7977' East:1264846.4185' Segment #1 : Line Course: S89°01'50"E Length: 90.00' North:117427.2750' East:1264936.4056' Segment #2 : Line Course: SO°57'55'W Length: 113.84' North:117313.4511' East:1264934.4878' Segment #3 : Curve Length:42.97' Radius:53.00' Delta:46°26'59" Tangent:22.74' Chord: 41.80' Course: N86°07'49"W Course In: S27°05'41'W Course Out: N19°21'19'W RP North: 117266.2676' East: 1264910.3483' End North: 117316.2721' East: 1264892.7828' Segment #4 : Line Course: N22°23'33"W Length: 121.71' North:117428.8047' East:1264846.4174' Perimeter: 368.52' Area: 7283 Sq. Ft. Error Closure: 0.0071 Course: N8°44'24"W Error North: 0.00702 East:-0.00108 Precision 1:51904.23 ......... .+.... wx.+.r.-+a:aa-irR.xx.x..yr..xx.......... ............+.+r. .++. Name: LOT 7 North:117298.2568' East:1264868.0944' Segment #1 : Line Course: N46°33'49"W Length: 121.82' North:117382.0140' East:1264779.6363' Segment #2 : Line Course: N4°21'44"E Length: 47.99' North:117429.8649' East:1264783.2865' Course: S46'33'49"E Length: 121.82' North:117298.2500' East:1264868.0952' Segment #5 : Curve Length:39.18' Radius:53.00' Delta:42°21'25" Tangent:20.53' Chord: 38.30' Course: S15"57'14"W Course In: S52°52'03"E Course Out: S84"46'32W RP North: 117266.2560' East: 1264910.3490' End North: 117261.4300' East: 1264857.5692' Segment #6 : Line Segment #3 : Line Course: N77'23'09'W Length: 110.65' North:117285.5942' East:1264749.5899' Course: S89°01'50"E Length: 63.14' North:117428.7967' East:1264846.4175' Segment #4 : Line Course: S22"23'33"E Length: 121.71' North:117316.2641' East:1264892.7828' Segment #5 : Curve Length:31.00' Radius:53.00' Delta:33°30'45" Tangent:15.96' Chord: 30.56' Course: S53"53'19"W Course In: S19'21'19"E Course Out: N52°52'03"W RP North: 117266.2596' East: 1264910.3483' End North: 117298.2536' East: 1264868.0945' Perimeter: 385.66' Area: 8139 Sq. Ft. Error Closure: 0.0032 Course: S1 "06'29"E Error North:-0.00320 East: 0.00006 Precision 1:120518.75 •........... rxr Y[xiAi.ii+•�f.f.kxf x..i• xxxx Name: LOT 8 North:117285.6003' East:1264749.5920' Segment #1 : Line Course: N20°34'07"E Length: 35.30' North:117318.6500' East:1264761.9939' Perimeter: 373.87' Area: 7241 Sq. Ft. Error Closure: 0.0064 Course: S19"07'17'W Error North:-0.00604 East:-0.00209 Precision 1:58417.19 ......x..x.x...x..re.:. kkrxr•ir.ri.•.rt+i............. rxxxx.w.x.. xxxx Name: LOT 9 End North: 117241.3174' East: 1264863.5859' Segment #1 : Curve Length:40.37' Radius:53.00' Delta:43°38'35" Tangent:21.22' Chord: 39.40' Course: S49"53'57"E Course In: N61°55'20"E Course Out: S18°16'45"W RP North: 117266.2629' East: 1264910.3483' End North: 117215.9373' East: 1264893.7250' Segment #2 : Line Course: S1°04'52"W Length: 115.99' North:117099.9679' East:1264891.5365' Segment #3 : Line Course: N89°03'28'W Length: 56.00' North:117100.8888' East:1264835.5441' Segment #4 : Line Segment#2 : Line Course: N1"04'52"E Length: 1.13' North:117102.0186' East:1264835.5654' Course: N25°40'59"E Length: 35.13' North:117350.3093' East:1264777.2190' Segment #5 : Line Segment#3 : Line Course: N1"04'52"E Length: 125.64' North:117227.6362' East:1264837.9360' Course: N4°21'44"E Length: 31.79' North:117382.0072' East:1264779.6370' Segment #4 : Line Segment #6 : Line Course: N61 "55'20"E Length: 29.07' North:117241.3186' East:1264863.5847' Perimeter. 368.21' Area: 7229 Sq. Ft. Error Closure: 0.0017 Course: N44°28'38"W Error North: 0.00122 East:-0.00120 Precision 1:216588.24 xxxx Name: LOT 10 End North: 117215.9373' East: 1264893.7250' Segment #1 : Curve Length:59.67' Radius:53.00' Delta:64°30'22" Tangent:33.44' Chord: 56.57' Course: N76°01'34"E Course In: N18"16'45"E Course Out: S46°13'37"E RP North: 117266.2629' East: 1264910.3483' End North: 117229.5973' East: 1264948.6188' Segment #2 : Curve Length:8.12' Radius:25.00' Delta:18°37'O6" Tangent:4.10' Chord: 8.09' Course: N53°04'56"E Course In: S46*13'37"E Course Out: N27*36'31'W RP North: 117212.3022' East: 1264966.6710' End North: 117234.4555' East: 1264955.0852' Segment#3 : Line Course: S1 "04'52"W Length: 135.52' North:117098.9596' East:1264952.5283' Segment #4 : Line Course: N89°03'28'W Length: 61.00' North:117099.9627' East:1264891.5365' Segment #5 : Line Course: N1°04'52"E Length: 115.99' North:117215.9321' East:1264893.7250' Perimeter: 380.30' Area: 7270 Sq. Ft. Error Closure: 0.0052 Course: SO°07'31"E Error North:-0.00517 East: 0.00001 Precision 1:73134.62 Name: LOT 11 North:117236.5873' East:1265009.1352' Segment #1 : Line Course: S1"04'52"W Length: 138.54' North:117098.0720' East:1265006.5212' Segment #2 : Line Course: N89'03'28'W Length: 54.00' North:117098.9600' East:1264952.5285' Segment #3 : Line Course: N1°04'52"E Length: 135.52' North:117234.4558' East:1264955.0855' Segment #4 : Curve Length:12.47' Radius:25.00' Delta:28"34'41" Tangent:6.37' Chord: 12.34' Course: N76°40'49"E Course In: S27"36'31"E Course Out: NO*58'10"E RP North: 117212.3025' East: 1264966.6712' End North: 117237.2989' East: 1264967.0942' Segment #5 : Line Course: S89°01'50"E Length: 42.05' North:117236.5874' East:1265009.1382' Perimeter: 382.57' Area: 7470 Sq. Ft. Error Closure: 0.0030 Course: N87°17'51"E Error North: 0.00014 East: 0.00301 Precision 1:127526.67 xxx* Name: LOT 12 North:117235.6737' East:1265063.1275' Segment #1 : Line Course: S1"04'52"W Length: 138.51' North:117097.1884' East:1265060.5142' Segment #2 : Line Course: N89"03'28'W Length: 54.00' North:117098.0764' East:1265006.5215' Segment #3 : Line Course: N1°04'52"E Length: 138.54' North:117236.5917' East:1265009.1354' Segment #4 : Line Course: S89"01'50"E Length: 54.00' North:117235.6781' East:1265063.1277' Perimeter: 385.05' Area: 7480 Sq. Ft. Error Closure: 0.0043 Course:N1"49'16"E Error North: 0.00434 East: 0.00014 Precision 1:89546.51 RR • 4-4ltfYw[t!*M**H*FwiHfHR►MW NF#fMtff fltlif ki#f!*f#lRtltRRlR lR t*t* Name: LOT 13 North:117234.7601' East:1265117.1199' Segment #1 : Line Course: S1°04'52"W Length: 138.49' North:117096.2948' East:1265114.5069' Segment #2 : Line Course: N89°03'28'W Length: 54.00' North:117097.1828' East:1265060.5142' Segment #3 : Line Course: N1"04'52"E Length: 138.51' North:117235.6681' East:1265063.1276' Segment #4 : Line Course: S89°01'50"E Length: 54.00' North:117234.7545' East:1265117.1199' Perimeter: 385.00' Area: 7479 Sq. Ft. Error Closure: 0.0057 Course: SO°30'46'W Error North:-0.00566 East:-0.00005 Precision 1:67543.86 :.•�!•ltiitokft!*klfkf-ktFi-kt*tlMtRRtRtttftttt*tf*ffif*/lRRRfRRlRkf Name: LOT 14 North:117233.8466' East:1265171.1123' Segment #1 : Line Course: S1°04'52'W Length: 138.46' North:117095.4112' East:1265168.4998' Segment #2 : Line Course: N89°03'28'W Length: 54.00' North:117096.2992' East:1265114.5071' Segment #3 : Line Course: N1'04'52"E Length: 138.49' North:117234.7645' East:1265117.1202' Segment #4 : Line Course: S89°01'50"E Length: 54.00' North:117233.8509' East:1265171.1124' Perimeter: 384.95' Area: 7478 Sq. Ft. Error Closure: 0.0043 Course: N1°49'16"E Error North: 0.00434 East: 0.00014 Precision 1:89523.26 f!***•RttttttaR fifkflf►kfflR*f*tR*RR t*t* Name: LOT 15 North:117207.6687' East:1265237.6302' Segment #1 : Line Course: S1"04'52"W Length: 113.38' North:117094.3089' East:1265235.4910' Segment #2 : Line Course: N89°03'28'W Length: 67.00' North:117095.4106' East:1265168.5000' Segment #3 : Line Course: N1'04'52"E Length: 138.46' North:117233.8460' East:1265171.1125' Segment #4 : Line Course: S89'01'50"E Length: 41.95' North:117233.1362' East:1265213.0565' Segment #5 : Curve Length:39.32' Radius:25.00' Delta:90°06'42" Tangent:25.05' Chord: 35.39' Course: S43"58'29"E Course In: SO"58'10'W Course Out: S88°55'08"E RP North: 117208.1398' East: 1265212.6335' End North: 117207.6681' East: 1265237.6290' Perimeter: 400.11' Area: 9141 Sq. Ft. Error Closure: 0.0013 Course: S63*27'35'W Error North:-0.00058 East:-0.00117 Precision 1:307776.92 Name: LOT 16 North:117108.1804' East:1264391.9262' Segment #1 : Line Course: N89°03'28"W Length: 136.79' North:117110.4298' East:1264255.1547' Segment #2 : Curve Length:52.83' Radius:270.00' Delta: 11°12'42" Tangent:26.50' Chord: 52.75' Course: N6°36'38"E Course In: S88°59'43"E Course Out: N77"47'01'W RP North: 117105.6954' East: 1264525.1132' End North: 117162.8286' East: 1264261.2272' Segment #3 : Curve Length:9.68' Radius:530.00' Delta:1'02'46" Tangent:4.84' Chord: 9.68' Course: N11"41'36"E Course In: N77"47'01"W Course Out: S78"49'47"E RP North: 117274.9789' East: 1263743.2288' End North: 117172.3044' East: 1264263.1884' Segment #4 : Line Course: S89°03'28"E Length: 126.12' North:117170.2305' East:1264389.2913' Segment #5 : Line Course: S2'25'35"E Length: 62.11' North:117108.1762' East:1264391.9208' Perimeter: 387.53' Area: 8218 Sq. Ft. Error Closure: 0.0068 Course: S51°32'23"W Error North:-0.00425 East:-0.00535 Precision 1:56989.71 •emRfffrwR*iRf4l�►H�lkflf►iiiitlRl.!►M.lA.RR�/RkRi ikilHti\fRN!^Rf Name: LOT 17 End North: 117172.3057' East: 1264263.1900' Segment #1 : Curve Length:65.49' Radius:530.00' Delta:7"04'46" Tangent:32.79' Chord: 65.45' Course: N7"37'49"E Course In: N78°49'47"W Course Out: S85"54'34"E RP North: 117274.9802' East: 1263743.2304' End North: 117237.1737' East: 1264271.8803' Segment #2 : Line Course: S89'03'28"E Length: 114.68' North:117235.2879' East:1264386.5448' Segment #3 : Line Course: S2'25'35"E Length: 65.11' North:117170.2363' East:1264389.3013' Segment #4 : Line Course: N89'03'28'W Length: 126.12' North:117172.3102' East:1264263.1983' Perimeter: 371.40' Area: 7782 Sq. Ft. Error Closure: 0.0095 Course: N61 "41'39"E Error North: 0.00448 East: 0.00832 Precision 1:39094.74 .HIR�kfekNf•dM*di*k�k.i�lkRlRfRFktkkFik�brtRi-p'1!'.RMikkkit/kHki-!kk Name: LOT 18 North:117159.7040' East:1263901.5941' Segment #1 : Line Course: S39"13'58"E Length: 68.71' North:117106.4825' East:1263945.0513' Segment #2 : Line Course: N89'03'28"W Length: 103.09' North:117108.1777' East:1263841.9752' Segment #3 : Line Course: N2"25'35'W Length: 127.22' North:117235.2836' East:1263836.5893' Segment #4 : Line Course: N89"03'28"W Length: 114.68' North:117237.1694' East:1263721.9248' Segment #5 : Curve Length:15.01' Radius:530.00' Delta: 1 "37'23" Tangent: 7.51' Chord: 15.01' Course: N3"16'45"E Course In: N85°54'34"W Course Out: S87°31'56"E RP North: 117274.9759' East: 1263193.2749' End North: 117252.1554' East: 1263722.7834' Segment #6 : Line Course: S89'03'28"E Length: 172.31' North:117249.3220' East:1263895.0701' Segment #7 : Line Course: S4"09'38"E Length: 89.86' North:117159.6988' East:1263901.5896' Perimeter: 690.88' Area: 11452 Sq. Ft. Error Closure: 0.0069 Course: S40"38'00'W Error North:-0.00527 East:-0.00452 Precision 1:100127.54 Name: LOT 19 End North: 117286.3777' East: 1263722.7849' Segment #1 : Curve Length:15.00' Radius:530.00' Delta:l"37'18" Tangent:7.50' Chord: 15.00' Course: N1"39'24"E Course In: N87°31'56'W Course Out: S89°09'15"E RP North: 117309.1982' East: 1263193.2765' End North: 117301.3743' East: 1263723.2187' Segment#2 : Line Course: S89°03'28"E Length: 120.12' North:117299.3991' East:1263843.3225' Segment #3 : Line Course: N2°25'35"W Length: 121.21' North:117420.5004' East:1263838.1909' Segment #4 : Line Course: N44°40'58"E Length: 69.54' North:117469.9441' East:1263887.0901' Segment #5 : Line Course: S2°29'02"E Length: 101.55' North:117368.4895' East:1263891.4912' Segment #6 : Line Course: S2°10'18"E Length: 74.73' North:117293.8132' East:1263894.3230' Segment#7 : Line Course: S4°09'38"E Length: 10.29' North:117283.5503' East:1263895.0695' Segment #8 : Line Course: N89°03'28'W Length: 172.31' North:117286.3838' East:1263722.7828' Perimeter. 684.76' Area: 10032 Sq. Ft. Error Closure: 0.0064 Course: N19°15'54'W Error North: 0.00606 East:-0.00212 Precision 1:106992.19 Name: LOT 20 North:117328.2058' East:1264270.5508' Segment #1 : Line Course: S89°03'28"E Length: 120.16' North:117326.2298' East:1264390.6945' Segment #2 : Line Course: S2°25'35"E Length: 61.11' North:117265.1746' East:1264393.2816' Segment #3 : Line Course: N89°03'28"W Length: 120.12' North:117267.1499' East:1264273.1779' Segment #4 : Curve Length:61.14' Radius:530.00' Delta:6°36'35" Tangent:30.60' Chord: 61.11' Course: N2°27'32"W Course In: N89°09'15'W Course Out: N84°14'10"E RP North: 117274.9738' East: 1263743.2356' End North: 117328.2013' East: 1264270.5561' Perimeter: 362.53' Area: 7293 Sq. Ft. Error Closure: 0.0070 Course: S49°4945"E Error North:-0.00449 East: 0.00532 Precision 1:51790.00 Name: LOT 21 End North: 117346.9928' East: 1264268.3150' Segment #1 : Curve Length:41.41' Radius:270.00' Delta:8°47'17" Tangent:20.75' Chord: 41.37' Course: N3°24'55'W Course In: N82°11'27"E Course Out: N89°01'16"W RP North: 117383.6788' East: 1264535.8111' End North: 117388.2915' East: 1264265.8505' Segment #2 : Line Course: S89°03'28"E Length: 122.31' North:117386.2802' East:1264388.1439' Segment #3 : Line Course: S2°25'35"E Length: 60.10' North:117326.2341' East:1264390.6883' Segment #4 : Line Course: N89°03'28'W Length: 120.16' North:117328.2101' East:1264270.5446' Segment #5 : Curve Length:18.92' Radius:530.00' Delta:2°02'44" Tangent:9.46' Chord: 18.92' Course: N6°47'1 VW Course In: S84°14'10'W Course Out: N82°11'27"E RP North: 117274.9826' East: 1263743.2241' End North: 117346.9958' East: 1264268.3090' Perimeter: 362.91' Area: 7318 Sq. Ft. Error Closure: 0.0067 Course: N63°4745"W Error North: 0.00297 East:-0.00604 Precision 1:54164.18 Name: LOT 22 North:117386.2801' East:1264388.1486' Segment #1 : Line Course: N89'03'28'W Length: 122.31' North:117388.2914' East:1264265.8551' Segment #2 : Curve Length:0.29' Radius:270.00' Delta:0"03'39" Tangent:0.14' Chord: 0.29' Course: N1"00'33"E Course In: S89°01'16"E Course Out: N88°57'38"W RP North: 117383.6787' East: 1264535.8157' End North: 117388.5767' East: 1264265.8601' Segment #3 : Line Course: N1"02'22"E Length: 50.04' North:117438.6085' East:1264266.7679' Segment #4 : Line Course: S89°01'50"E Length: 170.31' North:117435.7270' East:1264437.0535' Segment#5 : Line Course: S44"40'58'W Length: 69.54' North:117386.2833' East:1264388.1543' Perimeter: 412.49' Area: 7358 Sq. Ft. Error Closure: 0.0066 Course: N61 "09'O6"E Error North: 0.00316 East: 0.00574 Precision 1:62498.48 •�.•*RRf►R►R►wRR►HMR►wawnrw}-kR*RMfRRR..►......HHRtfMfHRkMIR Name: LOT 23 North:117372.4948' East:1264206.0006' Segment #1 : Line Course: N88"5744'W Length: 108.53' North:117374.4604' East:1264097.4884' Segment #2 : Line Course: N1'02'16"E Length: 67.00' North:117441.4494' East:1264098.7019' Segment #3 : Line Course: S89'01'50"E Length: 108.09' North:117439.6206' East:1264206.7764' Segment #4 : Line Course: S1°02'22'W Length.49.96' North:117389.6688' East:1264205.8701' Segment #5 : Curve Length:17.17' Radius:330.00' Delta:2"58'54" Tangent:8.59' Chord: 17.17' Course: SO"27'05"E Course In: S88°57'38"E Course Out: S88'03'28'W RP North: 117383.6824' East: 1264535.8158' End North: 117372.4981' East: 1264206.0054' Perimeter: 350.75' Area: 7251 Sq. Ft. Error Closure: 0.0059 Course: N54"35'05"E Error North: 0.00340 East: 0.00478 Precision 1:59449.15 w►iRkR*RiRR;if►R*�R*Rfi******R •M Name: LOT 24 North:117307.3734' East:1264212.1125' Segment #1 : Line Course: N88°57'44"W Length: 115.82' North:117309.4711' East:1264096.3115' Segment #2 : Line Course: N1°02'16"E Length: 65.00' North:117374.4604' East:1264097.4888' Segment #3 : Line Course: S88'57'44"E Length: 108.53' North:117372.4947' East:1264206.0010' Segment #4 : Curve Length:33.79' Radius:330.00' Delta:5"52'01" Tangent:16.91' Chord: 33.78' Course: S4"52'33"E Course In: N88*03'28"E Course Out: S82"11'27'W RP North: 117383.6790' East: 1264535.8114' End North: 117338.8405' East: 1264208.8718' Segment #5 : Curve Length:31.64' Radius:470.00' Delta:3"51'25" Tangent:15.83' Chord: 31.63' Course: S5"52'51"E Course In: S82"11'27'W Course Out: N86°02'52"E RP North: 117274.9797' East: 1263743.2305' End North: 117307.3743' East: 1264212.1128' Perimeter: 354.78' Area: 7278 Sq. Ft. Error Closure: 0.0010 Course: N15°40'10"E Error North: 0.00093 East: 0.00026 Precision 1:354780.00 Name: LOT 25 End North: 117307.3734' East: 1264212.1125' Segment #1 : Curve Length:63.06' Radius:470.00' Delta:7"41'15" Tangent:31.58' Chord: 63.01' Course: SO"06'31"E Course In: S86°02'52"W Course Out: S86"15'53"E RP North: 117274.9788' East: 1263743.2303' End North: 117244.3598' East: 1264212.2318' Segment #2 : Line Course: N88'57'44'W Length: 117.08' North:117246.4804' East:1264095.1710' Segment#3 : Line Course: N1'02'16"E Length: 63.00' North:117309.4700' East:1264096.3121' Segment #4 : Line Course: S88'5744"E Length: 115.82' North:117307.3723' East:1264212.1131' Perimeter: 358.96' Area: 7381 Sq. Ft. Error Closure: 0.0012 Course: S27'24'31 "E Error North:-0.00104 East: 0.00054 Precision 1:299133.33 Name: LOT 26 End North: 117244.3609' East: 1264212.2319' Segment #1 : Curve Length:64.48' Radius:470.00' Delta:7"51'38" Tangent:32.29' Chord: 64.43' Course: S7"39'56"W Course In: N86"15'53"W Course Out: S78'24'15"E RP North: 117274.9798' East: 1263743.2303' End North: 117180.5067' East: 1264203.6375' Segment #2 : Line Course: N88°5744'W Length: 109.64' North:117182.4925' East:1264094.0155' Segment #3 : Line Course: N1"02'16"E Length: 64.00' North:117246.4820' East:1264095.1746' Segment #4 : Line Course: 888"57'44"E Length: 117.08' North:117244.3614' East:1264212.2354' Perimeter: 355.21' Area: 7303 Sq. Ft. Error Closure: 0.0036 Course: N80'57'05"E Error North: 0.00057 East: 0.00359 Precision 1:98666.67 r.a..e,�a.►t,`a«r«awe-irr«.�R.......a.r►r.rRr+«r.a««««+aar«arRra«irr.+. Name: LOT 27 End North: 117180.5061' East: 1264203.6375' Segment #1 : Curve Length:5.09' Radius:470.00' Delta:0*37'14" Tangent:2.55' Chord: 5.09' Course: S11°54'22"W Course In: N78"24'15"W Course Out: S77'47'01"E RP North: 117274.9792' East: 1263743.2302' End North: 117175.5251' East: 1264202.5873' Segment #2 : Curve Length:64.64' Radius:330.00' Delta:11°13'23" Tangent:32.42' Chord: 64.54' Course: S6"36'17"W Course In: S77"47'01"E Course Out: N89'00'24'W RP North: 117105.6957' East: 1264525.1146' End North: 117111.4166' East: 1264195.1642' Segment #3 : Line Course: N89'03'28"W Length: 102.42' North:117113.1008' East:1264092.7580' Segment #4 : Line Course: N1"02'16"E Length: 69.40' North:117182.4894' East:1264094.0150' Segment #5 : Line Course: S88"57'44"E Length: 109.64' North:117180.5037' East:1264203.6370' Perimeter: 351.20' Area: 7267 Sq. Ft. Error Closure: 0.0024 Course: S12'00'38'W Error North:-0.00239 East:-0.00051 Precision 1: 146329.17 Name: TRACT A North:116710.4997' East:1264495.0027' Segment #1 : Line Course: N39°13'58'W Length: 68.71' Segment#13 : Line North:116763.7213' East:1264451.5455' Course: S5°38'21"E Length: 47.55' North:116761.0135' East:1264695.1889' Segment #2 : Line Course: N4°09'38"W Length: 100.15' Segment #14 : Line North:116863.6073' East:1264444.2794' Course: S47°56'07'W Length: 44.14' North:116731.4410' East:1264662.4199' Segment #3 : Line Course: N2°10'18"W Length:74.73' Segment#15 : Line North:116938.2837' East:1264441.4476' Course: S28°16'40'W Length: 26.66' North:116707.9626' East:1264649.7898' Segment #4 : Line Course: N2°29'02"W Length: 101.55' Segment #16 : Line North:117039.7383' East:1264437.0466' Course: N89°03'28'W Length: 154.81' North:116710.5083' East:1264495.0007' Segment #5 : Line Course: S89°01'50"E Length: 346.29' Perimeter: 1216.93' Area: 92758 Sq. Ft. North: 117033.8793' East: 1264783.2870' Error Closure: 0.0088 Course: N12°3845'W Error North: 0.00861 East:-0.00193 Segment #6 : Line Precision 1: 138286.36 Course: S4°21'44"W Length: 79.78' North:116954.3304' East:1264777.2188' Name: TRACT B Segment #7 : Line North: 117249.2970' East: 1264722.2761' Course: S25°40'59'W Length: 35.13' Segment #1 : Line North:116922.6711' East:1264761.9938' Course: N39°56'35"E Length: 38.65' North:117278.9293' East:1264747.0904' Segment #8 : Line Course: S20°34'07'W Length: 42.43' Segment #2 : Line North:116882.9459' East:1264747.0869' Course: N20°34'07"E Length: 7.13' North:117285.6048' East:1264749.5954' Segment#9 : Line Course: S39°56'35"W Length: 38.65' Segment #3 : Line North:116853.3136' East:1264722.2726' Course: S77°23'09"E Length: 110.65' North:117261.4405' East:1264857.5746' Segment #10 : Line Course: S49°56'21'W Length: 13.81' Segment#4 : Curve North:116844.4255' East:1264711.7029' Length:21.14' Radius:53.00' Delta:22°51'12" Tangent:10.71' Segment #11 : Line Chord: 21.00' Course: S16°39'04"E Course In: N84°46'32"E Course Out: S61°55'20'W Course: S21 °28'47'W Length: 24.14' RP North: 117266.2666' East: 1264910.3544' North: 116821.9621' East: 1264702.8635' End North: 117241.3211' East: 1264863.5920' Segment #12 : Line Segment #5 : Line Course: S42°10'31'W Length: 18.39' Course: S61°55'20'W Length: 29.07' North:116808.3334' East:1264690.5165' North:117227.6387' East:1264837.9433' Segment #6 : Line Course: S1'04'52"W Length: 125.64' North:117102.0211' East:1264835.5728' Segment #7 : Line Course: N89"17'36'W Length: 21.48' North:117102.2860' East:1264814.0944' Segment #8 : Line Course: SO°56'32"W Length: 1.05' North:117101.2361' East:1264814.0771' Segment #9 : Line Course: N89'03'28'W Length: 164.30' North:117103.9379' East:1264649.7993' Segment #10 : Line Course: N28'16'40"E Length: 26.66' North:117127.4163' East:1264662.4294' Segment #11 : Line Course: N47°56'07"E Length: 44.14' North:117156.9888' East:1264695.1985' Segment #12 : Line Course: N5"38'21"W Length:47.55' North:117204.3087' East:1264690.5260' Segment #13 : Line Course: N42°10'31"E Length: 18.39' North:117217.9374' East:1264702.8731' Segment #14 : Line Course: N21 °28'47"E Length: 24.14' North:117240.4008' East:1264711.7125' Segment #15 : Line Course: N49"56'21"E Length: 13.81' North:117249.2889' East:1264722.2821' Perimeter: 693.79' Area: 25335 Sq. Ft. Error Closure: 0.0101 Course: S36"37'39"E Error North:-0.00807 East: 0.00600 Precision 1:68693.07 *NRfRRiRifH***t*L-Fi*f f+a**fRfRRRff R `ff*+rriR*/ffyaie*ReRf►w*kM*f *1t*f Name: TRACT C North:117100.8856' East:1264835.5439' Segment #1 : Line Course: N89"03'28"W Length: 21.48' North:117101.2388' East:1264814.0668' Segment #2 : Line Course: NO"56'32"E Length: 1.05' North:117102.2886' East:1264814.0840' Segment #3 : Line Course: S89"17'36"E Length: 21.48' North:117102.0237' East:1264835.5624' Segment #4 : Line Course: S1"04'52"W Length: 1.13' North:117100.8939' East:1264835.5411' Perimeter: 45.14' Area: 23 Sq. Ft. Error Closure: 0.0088 Course: N18°25'06"W Error North: 0.00836 East:-0.00278 Precision 1:5129.55 CITY OF Federal Way August 21, 2014 Terry Wilson Barghausen Engineers 18215 72nd Ave S Kent, WA 98032 RE: FILE #14-103140-00-SU; CYCLE 1 TECHNICAL COMMENTS Mirror Estates Final Plat Dear Mr. Wilson: 7 FILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com The city's Development Review Committee has reviewed the Mirror Estates Final Plat application and provides the following comments. Items below must be addressed prior to scheduling a public meeting with the Federal Way City Council with the exception of those DRC comments that are informational or suggestive. Additionally, please be advised that as of the date of this letter, improvements on the site do not meet completion or guarantee requirements set forth in Federal Way City Code (FWCC) 20-135. Please refer to the specific staff representative below for any questions. Zoning and Land Use Matthew Herrera, 253-835-2638, matt.herreracilyoffederalwgy.com 1. Sheet 1— Replace "Department of Community and Economic Development" and "Community and Economic Development Director" approval blocks with "Community Development Department" and "Community Development Director." 2. Sheet 2 — a. Correct spelling error "Section Subeivision" to "Section Subdivision." b. Lots 18 and 19 appear to be flag lots and inconsistent with the combined 30-ft ingress, egress and utilities easement shown on Sheet 5. Clarify if the lots are intended to be flag lots, contain access and utility easements, or both. (Also see comment 5a.) Sheet 3 — a. In "Areas" note, include the total square footage of: (1) tracts; (2) wetland and buffer area; and (3) ingress, egress and utility easement(s). (Also see comment 5a.) b. The following plat notes need to be added per conditions of the preliminary plat, SEPA or clarification: i. Maintenance responsibility and benefit of 30-ft. private driveway easement shown on Sheet 5. (See comment 5a.) ii. The MDNS requires language that encourages informational and educational programs and activities dealing with the protection of wildlife such as the State Mr. Wilson August 21, 2014 Page 3 7. Open Space Fee -in -Lieu — As stipulated in the Hearing Examiner's Report and Recommendation filed February 12, 2007, Finding #16 requires the remainder of the subdivision open space (12.66 percent) to be paid as a fee -in -lieu. The onsite trail corridor provides 2.34 percent of the usable open space requirement and the remaining fee -in -lieu will satisfy the 15 percent requirement pursuant to FWCC 20-156(b). The fee -in -lieu payment of 12.66 percent of the most recent assessed value of the property must be paid prior to final plat approval or alternatively a deferment may be requested pursuant to Federal Way Revised Code 19.100.070(1)(b). 8. NGPE Fencing and Signage — The Hearing Examiner's Report and Recommendation Conclusion #3 requires all open rail fencing and signage, as shown on the mitigation plan, to be installed prior to final plat approval. Stormwater and Engineering Ann Dower, 253-835-2732, ann.doweracityoffederalway.co.m 1. Verify all areas to be dedicated as public right-of-way have clear title. 2. Provide legal description and exhibit map for all areas to be dedicated as public right-of-way or city stormwater tract. 3. Easement 3852937 (Special Exceptions #1) and 20131031000249 (#3) must be shown on the plat map or noted as not locatable. 4. Provide names and titles of the signator(s) on the dedication. In addition, provide proof of authority to sign on behalf of Mirror Estates LLC. 5. Addresses are to be provided on each lot, along with a note reading "any addresses shown are preliminary only and subject to change." A copy of the addresses assigned by the Building Department is enclosed. 6. Provide a lot closure for the existing lot, sealed by a PLS. 7. Provide a copy of the proposed lot closures that has been sealed by a PLS. 8. Tract B and Tract C lot closures are not reflected on the plat map. Please resolve discrepancies. Transportation Sarady Long, 253-835-2743, sarady.long@cityoffederalway.com Mr. Long's comments will be sent under separate cover. Water/Sewer Brian Asbury, Lakehaven Utility District, 253-946-5407, basbury@lakehaven_org 1. Applicant has not completed the necessary water and/or sewer facility construction, nor submitted to Lakehaven an application for substantial completion of such construction as necessary to be able to confirm the applicant's requirements for subdivision acceptance. Applicant will need to either 14-103140 Doc I.D. 66456 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: TO: FROM: COMMENTS: FILE NUMBER(s): RELATED FILE NOS.: PROJECT NAME: PROJECT ADDRESS. ZONING DISTRICT: July 2, 2014 Ann Dower, Development Services Sarady Long, Traffic Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue Matt Herrera — Planning Please provide comments by Friday July 11, 2014 14-103140-00-SU None MIRROR ESTATES FINAL PLAT *NO SITE ADDRESS* RS 7.2 PROJECT DESCRIPTION: Subdividing an existing vacant 9.22 acre parcel into 27 single-family residential lots with drainage tract and ROW improvements. Proposed wetland and wetland buffer mitigation. LAND USE PERMITS. PROJECT CONTACT: MATERIALS SUBMITTED: 1. Final Plat 2. Title Report 3. CC&Rs 4. Lot Closures Final Plat BARGHAUSEN ENGINEERS TERRYWILSON 1821572NDAVES 41k Federal OF Way APPLICATION NOW I4—(o3140-DO Project Name Mirror Estates Property Address/Location Parcel Number(s) MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8'h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.Cil. offsci raiway.com g ;!r JUN 27 2014 Date C'M nF i=Fi)i-RAI WAY CDS 11th Place S.W. between S.W. 314th Place and S.W. 316th Place 072104-9081 Project Description 27-Lot Subdivision Pi FACT 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 (Dircctor's Approval) Process H (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision x Subdivision Variance: Commercial/Residential Required Information RS7.2 Zoning Designation Lg LotlLow-Mod Density Res. Comprehensive Plan Designation N/A Value of Existing Improvements N/A Value of Proposed Improvements International Building Code (IBC): N/A Occupancy Type N/A Construction Type Applicant Name: Mirror Estates, LLC - Michael Chaffeur Address: 15215 S.E. 272nd Street, Suite 201 City/State: Kent, WA Zip: 98042 Phone: 206-406-3076 Fax: 253-638-1634 Email: mikec@eanlecreekland.com Signature: T _z�" /% _'— Agent (if different than Appli6m) Name: Barghausen Consulting Engineers - Terry Wilson Address: 18215 72nd Avenue South City/State: Kent, WA Zip: 98032 Phone: 425-251-6222 Fax: 425-251-8782 Email: twilson@barghausen.com Signature: J ' Owner Name: same as applicant Address: City/Statc: Zip: Phone: Fax: Email: Signature: Bulletin #003 —January I, 2011 Page I of 1 kAHandoutsUNaster Land Use Application SUBDIVISION �. Issued By: CHICAGO TITLE INSURANCE COMPANY e CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Barghausen Consulting Engineers, Inc. Guarantee/Certificate Number: 0015395-06 herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. ,lease note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Countersigned By: SBAZ Authorized Officer or Agent Chicago Title Insurance Company By: Attest: President Secretary Itiarantee/Certificate Printed: 05.12.14 @ 12:31 PM Page 1 WA-CT-FNSE-02150.622476-SPS-1-14-0015395-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEEICERTIFICATE NO. 0015395-06 ISSUING OFFICE: Title Officer: Commercial / Unit 6 Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Main Phone: (206)628-5610 Email: CTISeaTit1eUn1t6na ctt.com SCHEDULE A Liability Premium Tax $1,000.00 $350.00 $33.25 Effective Date: May 2, 2014 at 08:OOAM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Mirror Estates, LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed: 05.12.14 @ 12:31PM Page 2 WA-CT-FNSE-02150.622476-SPS-1-14-0015395-06 EXHIBIT "A" Legal Description The South half of the South half of the Northeast quarter of the Southwest quarter of Section 7, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; Except the East 180 feet of the North 133.43 feet thereof. Subdivision Guarantee/Certificate Printed: 05.12.14 @ 12:31PM Page 3 WA-CT-FNSE-02150.622476-SPS-1-14-0015395-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0015395-06 2. 5. SCHEDULE B SPECIAL EXCEPTIONS Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Road Recording Date: November 9, 1948 Recording No.: 3852937 Affects: The Easterly 30 feet of said premises and other property Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Power & Light Company Purpose: Electric transmission and/or distribution line Recording Date: September 25, 1953 Recording No.: 4383069 Affects: An Easterly portion of said premises and other property Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc., a Washington corporation Purpose: One or more utility systems for transmission, distribution and sale of gas and electricity Recording Date: October 31, 2013 Recording No.: 20131031000249 Affects: Portions of said premises as described in said document Agreement and the terms and conditions thereof Between: New Concept Homes, Inc. And: Lakehaven Utility District Recording Date: July 18, 2007 Recording No.: 20070718001792 Regarding: Domestic water and sewer service Amendment to Developer Extention Agreement and the terms and conditions thereof Recording Date: April 18, 2012 Recording No.: 20120418000734 Terms and conditions of Notice of Charges by water, sewer, and/or storm and surface water utilities, recorded under recording number 8106010916. Subdivision Guarantee/Certificate Printed: 05.12.14 @ 12:31PM Page 4 WA-CT-FNSE-02150.622476-SPS-1-14-0015395-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0015395-06 SCHEDULE B (continued) 6. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 072104-9081-07 Levy Code: 1205 Assessed Value -Land: $729,000.00 Assessed Value -Improvements: $0.00 General and Special Taxes: Billed: $11,483.06 Paid: $5,741.53 Unpaid: $5,741.53 7. A deed of trust to secure an indebtedness in the amount shown below, Amount: $2,030,000.00 Dated: August 26, 2013 Trustor/Grantor: Mirror Estates LLC, a Washington Limited Liability Company Trustee: Stewart Title Beneficiary: Columbia State Bank- Builder Banking Office Recording Date: September 11, 2013 Recording No.: 20130911001357 8. Terms and conditions of the limited liability company agreement for Mirror Estates LLC. 19. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Portion of the Northeast quarter of the Southwest quarter of Section 7-21-4. Tax Account No.: 072104-9081-07 Note: Any map furnished with this Guarantee/Certificate is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 05.12.14 @ 12:31PM Page 5 WA-CT-FNSE-02150.622476-SPS-1-14-0015395-06 77 WTI oin gig akm MROR WOOD TR 45 Rl om 77, 19 la ZO 14 zz 31 EWART TITLE b II+- F;� - 7-o �'H ) When recorded return to: Mirror Estates LLC 15215 SE 272nd Street ##201 } l Kent, WA 98042 f l�l 20130705001291 STEUART TITLE 0 73.06 PAGE-001 of 002 07/05/2013 13:11 KING COUNTY, UP E2616174 01/85/2013 13.10 KING COUNTY, UP TAX 319,318,00 SALE $1, 85.000.00 PAGE-001 OF 001 Bargain and Sale Deed M6560 WT THE GRANTOR, Columbia State Bank, a Washington state chartered bank as successor by merger to West Coast Bank, an Oregon state chartered bank, for and in consideration of One million eighty-five thousand and no/100 Dollars ($1,085,000.00), in hand paid, bargains, sells, and conveys to, Mirror Estates LLC, a Washington limited liability company, the following described real estate, situated in the County of King. State of Washington: The South half of the South half of the Northeast quarter of the Southwest quarter of Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington; Except the East 180 feet of the North 133.40 feet thereof. Tax Parcel Number(s): 072104-9081-07 Abbreviated Legal: S 1/2 of the S 12 of the NE IA of the SW 1/4 Section 7, Township 21 N., Range 4 E. Dated this 27th day of June, 20 i tate Bank et ee President bsdeedcorp Rey.(06/12106) LPB-15-05 (r-O El • STATE OF WASHINGTON } COUNTY OF CLARK ss I certify that I know or have satisfactory evidence that Linda Reid is the person who appeared before me, and said person acknowledged that she signed ibis instrument, on oath stated that she authorized to execute the instrument and acknowledged it as the Vice President of Columbia State Bank to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: June 27, 2013 WINDY A. GEII IN weedy Burin NOTARY DPUBLIC N Notary Public in and for the State of Wasbington Residing in Vancouver 5 IAj-L OF WASIOGTON My appointment expires: August 29, 2016 COmm,88I4N EXPIRES AUGUST 29. 2016 bsdecdcorp Rcv. (0&12/)6) LPB-15-05 0-1) COVENANTS, CONDITIONS AND RESTRICTIONS •V PLAT OF MIRROR ESTATES HOMEOWNERS' ASSOCIATION THIS DECLARATION is made on the date hereinafter set for by Mirror Estates LLC ("Declarant"), who is the Owner of certain land situated in the State of Washington, County of King, known as "MIRROR ESTATES" which is more particularly described on the attached Exhibit "A." In order to ensure preservation of the high quality residential environment at MIRROR ESTATES, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon will be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the Owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof and shall inure to the benefit of each Owner thereof and to the benefit of Plat of MIRROR ESTATES Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of Plat of MIRROR ESTATES Homeowners' Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to Plat of MIRROR ESTATES Homeowners' Association, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article XI. For the purposes of exercising the powers and duties assigned in this Declaration to the Board during the Development Period, this term shall also mean the "Temporary Board" or "Declarant" RESUBMITTED OCT 24 2014 CITY OF FEDERAL WAY CDS as provided in Article III unless the language or context clearly indicates otherwise. Section 3. "Properties" shall mean and refer to the real property described with particularity in Exhibit "A" and such additions to that property which may hereinafter be brought within the jurisdiction of the Association. Section 4. "Common Maintenance Areas" shall mean those portions of all real property (including the improvements thereto) maintained by the Association for the benefit of the members of the Association. The areas to be maintained by the Association at the time of recording this Declaration are described as follows: (a) All cul-de-sac planters and median planters within the public right-of-way, if any, within the public streets incorporated as part of the plat of MIRROR ESTATES. (b) The fence improvements around any part of the exterior plat boundary, including the associated right of reasonable access for maintenance, repair, or replacement of said fence. (c) All streetlights attributed to MIRROR ESTATES through City of Federal Way and monthly power costs associated with the street lights. (d) All private access tracts and private streets as referred to in the final recorded plat. Section 5. "Lot shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties, Common Areas and Common Maintenance Areas shall not be regarded as Lots. Section 6. "Declarant" shall mean and refer to MIRROR ESTATES LLC Section 7. "Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XV of this Declaration, hereinafter referred to as the "Committee." Section 8. "Development Period" shall mean and refer to that period of time as defined in Article III of this Declaration. Section 9. "Plat" shall mean and refer to the legally recorded plat of MIRROR ESTATES. Section 10. "Residence" shall mean and refer to buildings occupying any Lot. Section 11. "Native Growth Protection Easement" shall mean and refer to the area within the plat, which is designated as a Native Growth Protection Easement. This area has been indicated on the plat, for the protection and preservation of steep slopes and wetlands that are located on the properties. This area is subject to regulations of City of Federal Way. Section 12. "Owner" shall mean and refer to the record Owner, whether one or more persons or entitles, of (1) a fee simple title to any Lot which is a part of the Properties (but excluding those persons or entities, such as real estate contract sellers, having record title merely as security for the performance of an obligation), or (2) the Purchaser under a real estate contract prior to issuance of the fulfillment deed for the contract. ARTICLE II PRE-EXISTING RESTRICTIONS If the Properties covered by this Declaration are already affected by previous covenants, restrictions, conditions, and encumbrances (collectively "prior restrictions"), the Properties will continue to be subject to such prior restrictions to the extent the prior restrictions are valid and legally enforceable. ARTICLE III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. Development Period shall mean that period of time from the date of recording the Declaration until (1) April 1, 2017 or (2) the thirtieth (30) day after Declaration has transferred title to the purchasers of Lots representing 100 percent of the total voting power of all Lot Owners as then constituted (so that Declarant no longer is entitled to vote either as a Class A or Class B member of the Association pursuant to Article X, Section 3) or (3) the date on which - the Declarant elects to permanently relinquish all of Declarant's authority under this Article III by written notice to all Owners, whichever date first occurs. Notwithstanding anything in this Declaration to the contrary, until termination of the Development Period, either upon the sale of the required number of Lots, the arrival of April 1, 2017, or at the election of the Declarant, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Notice to Owners. Not less than ten (10) nor more than thirty (30) days prior to the termination of the Development Period, the Declarant shall give written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provisions of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of five (5) Lots shall constitute a quorum. The Board of Directors and Officers of the Association may be elected by a majority vote in said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on the date specified in said notice and it shall thereafter be responsibility of the Lot Owners to provide for the operation of the Association. Section 3. Declarant may in Declarant's sole discretion, and at such times as the Declarant deems appropriate (including in the Articles of Incorporation of the Association, if the Declarant is the incorporator of the Association), appoint three persons who may be Lot Owners, or are representatives of corporate entities or other entities which are Lot Owners, as a Temporary Board. This Temporary Board shall be for all purposes the Board of Directors of the Association and shall have full authority (including the authority to adopt or amend the initial or subsequent Bylaws of the Association) and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws. Provided that, after selecting a Temporary Board, the Declarant, in the exercise of the Declarant's sole discretion, may at any time terminate the Temporary Board and reassume the Declarant's management authority under Article III or select a new Temporary Board under this Section of Article III. When the Declarant has appointed a Temporary Board, the Temporary Board, during the Development Period, shall have, and may fully exercise, any power or authority granted to the Permanent Board after the Development Period. Section 4. So long as no Temporary Board is managing the Properties or until such time as the first permanent Board is elected, should Declarant choose not to appoint a Temporary Board, Declarant or a managing agent selected by the Declarant shall have the power and authority to exercise all the rights, duties and functions of the Board and generally exercise all powers necessary to carry out the provisions of this Declaration, including, but not limited to, enacting reasonable administrative rules, contracting for required services, obtaining property and liability insurance, collecting and expending all assessments and Association funds, and enforcing this Declaration (including foreclosing any liens provided for by this Declaration). Any such managing agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments. In the event that Association expenses exceed assessments, any monies provided by Declarant for Association expenses that would otherwise be paid for out of Association assessments shall be considered a loan to be repaid to Declarant through regular or special assessments from the Association, together with interest at ten percent (100) per annum. Section 5. These requirements and covenants are made to ensure that the Properties will be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Acceptance of an interest in a Lot evidences acceptance of this management authority in Declarant. Section 6. Declarant shall have the management authority granted by this Article III notwithstanding anything in this Declaration to the contrary. Declarant, as the Incorporator of the Association, may cause the Association to be incorporated, the Temporary Board to be appointed either in the Articles of Incorporation of the Association or by separate written instrument, to terminate the Temporary Board and reassume the Declarant's management authority under this Article III, reappoint successor Temporary Boards, or take any other action permitted by this Article III, all without affecting the authority given the Declarant by this Article III to manage the Property and organize the Association at the Declarant's sole discretion. ARTICLE IV DEED AND DEDICATION OF COMMON MAINTEANCE AREAS Section 1. Declarant hereby transfers, conveys and grants title to all of the Common Maintenance Areas of the Properties to the Association for the common use and enjoyment of the Association and the owners in accord with the terms and conditions of this Declaration reserving, however, to the Declarant for the benefit of Declarant, his successors and assigns, those certain rights of use, ingress, egress, occupation and control indicated elsewhere in this Declaration for the duration of the Development Period, at which time this reservation shall cease and then be of no further force and effect. ARTICLE V DEED AND DEDICATION OF EASEMENTS Section 1. Declarant hereby transfers and conveys to the Association for the common use and enjoyment of the Association and the Owners all easements created hereby for the purpose of landscaping, utilities, and access, reserving, however, to Declarant for the benefit of Declarant, its successors and assigns, an equal right to utilize all easements. The Declarant's and Association's right to use such easements are subject to the right of the public to use rights -of -way which have been dedicated as public roads and are open to public access, including emergency vehicle access. ARTICLE VI ADMINISTRATION AND USE OF COMMON MAINTENANCE AREAS Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right in easement of enjoyment in and to the Common Maintenance Areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by a real estate contract purchaser), to every Lot subject to the following provisions: (a) The right of the Declarant (during the Development Period) or the Association (after the Development Period) to dedicate or transfer all or part of the Common Maintenance Areas to any public agency, authority or utility for such purposes and subject to such conditions as the Declarant or Members, as applicable, may deem appropriate. During the Development Period, any such dedication or transfer of all or any part of the Common Maintenance Areas pursuant to this Section may be made by the Declarant in the Declarant's sole discretion. After the Development Period, no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer, signed by the Owners of two-thirds (2/3) of the Lots, has been recorded. Section 2. Insurance. Nothing shall be done or kept in any Common Maintenance Areas which will increase the rate of insurance on the Common Maintenance Areas or other Lots or Improvements without the prior written consent of the Board. Nothing shall be done or kept in any Common Maintenance Areas which will result in the cancellation of insurance on any part of the Common Maintenance Areas or which would be in violation of any laws or ordinances. Section 3. Alteration of Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from any Common Maintenance Areas except upon prior written consent of the Committee. There shall be no construction of any kind within the Common Maintenance Areas except that community improvements may be constructed if two-thirds (2/3) of the members of the Association authorize (1) the construction of such improvements and (2) assessments for such improvements. This Section shall not limit or prohibit Declarant (and no member consent shall be necessary), during the Development Period, from constructing or altering any such improvements to any Common Maintenance Areas, which the Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas and the Association in general. Section 4. Dumping in Common Maintenance Areas or Native Growth Protection Easements. No trash, construction debris or waste, plant or grass clippings or other debris of any kind, nor hazardous waste (as defined in any federal, state, or local law or regulation) shall be dumped, deposited or placed on any Common Maintenance Areas or Native Growth Protection Easement. Section 5. Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls, or shrubs, may be built or placed within any right-of-way, easements, or Native Growth Protection Easements as delineated on the Plat except as deemed appropriate by the Committee. No improvements are permitted within the Native Growth Protection Easements without approval from the City of Federal Way's Community Development Department. This prohibition shall not apply to the landscape and fence/monument sign improvements in the Common Maintenance Areas installed by Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated Common Maintenance Areas, nor shall this Section prohibit the installation of fences by Lot Owners on property lines as may be otherwise allowed in this Declaration, nor shall this Section prohibit the installation of landscaping on private Lot areas encumbered by utility casements not otherwise restricted in this Declaration as to landscaping. Also, this prohibition shall not apply to landscaping of front or side yard areas of Lots extending up to the edge of the curb or sidewalk in the public right-of-way as further set forth in Article XII, Section 12 of this Declaration. ARTICLE VII MAINTENANCE OF THE COMMON MAINTENANCE AREAS DELEGATION OF MANAGEMENT Section 1. Maintenance of Common Maintenance Areas. Maintenance of the Common Maintenance Areas and all improvements thereon shall be the sole responsibility of the Association and shall include, but not be limited to maintenance of the Common Maintenance Areas. All maintenance of Lots and Residences located on Properties shall be the sole obligation of the Owner, provided, however, the Association may, from time to time, provide certain common maintenance of Lots and Residences as may be determined to be in the best interest of all Owners. The Association shall maintain and regulate the use of Common Maintenance Areas for the benefit of each Lot within the Plat, and shall do all things necessary to preserve and maintain the Common Maintenance Areas for the purpose intended. Section 2. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character of areas designated on the face of the Plat as Common Maintenance Areas, or as defined in this Declaration as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes. Section 3. Repair of Common Maintenance Areas. Any damage to the Common Maintenance Areas or improvements thereon, including landscaping plantings, fences, berms, etc., by the Owners or their children shall be repaired within one (1) week by the Owners who (or whose children) caused the damages. If the damage cannot reasonably be repaired within one (1) week, the time for the Owner to repair the Property shall be extended to the time reasonably required to repair the Property, provided that the Owner promptly begins, and diligently pursues, the repair of the damage. If such repairs are not made timely, the Association shall execute the repair and the Owner will be obligated to immediately pay the Association or its designee for the repair. If the Owner fails to promptly make payment for such repairs, the Owner will be charged interest at the rate of ten percent (100) per annum on the payment -due, the payment due shall be a personal liability of the Owner, and the amount of the payment due shall be a lien on the Owner's Lot. Section 4. Native Growth Protection Easements. The Association shall not permit any structures, filling, grading or obstruction to be placed beyond the building setback lines or within the Native Growth Protection Easements or Tracts unless the Association obtains the approval of the City of Federal Way Community Development Department. No decks, patios, outbuildings, or overhangs shall be permitted beyond the building setback line or within the Native Growth Protection Easements or Tracts. Unless the Association obtains the approval of the City of Federal Way Community Development Department, neither the construction of fencing nor the clearing or removal of trees or vegetation shall be permitted within the areas of the Native Growth Protection Easements or Tracts. Dead trees or vegetation growing within the Native Growth Protection Easements or Tracts which present a threat to life and property due to decay or other natural causes may be removed upon obtaining the approval of the Association and City of Federal Way. In the event of any conflict between this Section and the terms of Article VI, Section 5, the terms of this Section shall control. Section 5. Management. Each Owner expressly covenants that the Board and the Declarant, during the Development Period, and the Board, after the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management be terminable by the Association without cause upon ninety (90) days written notice thereof, the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive periods of up to three (3) years each. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Any fees or salaries applicable to any such management, employment or service agreement shall be assessed to each Owner. ARTICLE VIII ASSESSMENTS Section 1. Each Owner of any Lot, by acceptance of a deed therefore, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, (2) special assessments for capital improvements, and (3) any assessments made by Declarant pursuant to this Declaration. If the Owner fails to timely pay any assessments within thirty (30) days of the date specified by the Association or Declarant (during the Development Period), the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien on the land comprising the Lot, and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorneys' fees incurred in attempting to collect the easement, shall also be the personal obligation of the person who is the Owner of such Property at the time when the assessment fell due. The personal obligation for delinquent assessments shall continue even if the Owner subsequently transfers legal or equitable title to the Lot; however, the personal obligation for delinquent assessments shall not pass to the delinquent Owner's successors in ownership for the Lot unless expressly assumed by the successor(s). The Association shall record such liens in the Office of the King County Auditor. Section 2. Puri2ose of Assessments. The assessments levied by the Association shall be used exclusively to (a) promote the recreation, health, safety and welfare of the residents of the Properties, and (b) for the improvements and maintenance of the Common Maintenance Areas as provided in Article VI. Section 3. Annual Assessment. Until April 1, 2017, the annual assessment shall be $400.00 per Lot; twenty-five percent (250) of which shall be allocated and paid to the Declarant for Plat management services provided by the Declarant (or by a professional management firm hired by Declarant) to the Association. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping, and other management responsibilities which are described with particularity in the Association. The balance of the annual assessment deby Bylaws of the the Development Period, shall be used by Declarant during tent period, for maintenance, the Association after purposes Permitted by this Declaration. repair, and other p Pthe be increased during The annual assessment may maintenance costs, Development Period to reflect increased ement(costs. All increases or (3) plat 'managementin (2) repair costs, reflect increases the during the Development Period must d nee Development Period, During the annual the above -recited costs•the authority to reduce supports such a reduction because Declarant shall have Association assessments if economic data of reduced maintenance costs or other anticipated expenses. the maximum After the Development Period expires, (a) not be increased each year more than ten annual assessment maY assessment for previous year membership 3(b) of percent (ldopursuant to Section ) above the maximum athe without a vote of the Article VIIX of this Declaration. meat Period expires, the maximum (b] After the Develop more than ten percent be increased by only annual assessment may a year's maximum annual assessment] are (10%) [over the previous of the members of the dulyc Galledf for this if two-thirds (2/3) proxy at a meeting voting in person or by P purpose, consent to such an increase. the Development Period expires, the Board of After the (c] annual assessment in. accord with Directors shall fix the above -recited standards. I ital Im rovements. S ecial Assessment for the Section �• authorized above, to the annual assessments In addition tent Period, the Declarant) the Develop common assessment, Association (or duringassessment year, a in may levy, in any for the purpose of defraying, applicable to that year only, construction, reconstruction, whale ❑r in part, the cost of any arson or by placement of a capital improvement uponP repair or reppurpose- proxy at a meeting duly called for this Quorum for arnrrAction Authorized Notice and place, day,hour Section 5. Written notice ofUnder Sections 3 and 4. called for the ppose of taking any of any meeting and purpose (30) days nor more action authorized under Sections 3 and 4r�f this Article shall a s in advance of the meeting. At the first be sent to all membersdays not less than than fifty ( 5 o) Y meeting called, the presence of sixty percent (60%) of the members of the Association or of proxies entitled to cast sixty percent (60%) of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. In the event that a quorum is still not achieved at the second meeting, then the Declarant, during the Development Period, shall have the sole and exclusive authority to initiate a special assessment and carry out capital improvements more fully described in Section 4 herein without first obtaining the approval of the required number of members of the Association as further defined in Sections 4 and 5 herein. Section 6. Uniform Rate of Assessment. Both annual and special assessments arising under Article VIII, Sections 3, 4, and 11, must be fixed at a uniform rate for all Lots, provided, however, that , as stated in Article VIII, Section 10, any unimproved Lot owned by the Declarant shall not be subject to any assessments or charges described in this Declaration. Assessments shall be collected on a monthly, bimonthly, quarterly, or annual basis as determined by the Declarant during the Development Period or by the Association for periods after the Development Period. Section 7. Date of Commencement of Annual Assessment: Due Dates. The annual assessments described in this Article shall commence during the first calendar month following recording of the plat of MIRROR ESTATES, or any division thereof. If the plat is recorded in divisions, then the annual assessment shall only apply to those Lots recorded within each division based on the date each division is recorded. The first annual assessment for each Lot Owner shall be adjusted according to the number of months remaining in the calendar year calculated from the date of recording of the division in which the Lot is located. After the Development Period expires, the Board of Directors shall fix the annual assessment. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot has been paid. A properly executed certificate of the association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Non-Pavment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (100) per annum. Each Owner hereby expressly vests in the Declarant during the Development Period, or the Association after the Development Period, or their agents the rights and powers to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Declarant or to the Association, as applicable, the power of sale in connection with such liens. The liens provided for in this Section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the poser to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens (see Article XVI, Section5). No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinate to the lien of any first mortgage or first deed of trust ("first mortgage"). Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, or the first mortgage holder's acceptance of a deed in lieu of foreclosure, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall (a) relieve such Lot Owner or Lot from liability for any assessments thereafter becoming due nor from the lien thereof, nor (b) shall relieve the delinquent Owner from personal liability for the amount of the payments which become due prior to such sale or transfer, and for costs and attorneys' fees. Section 10. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from the assessments provided for in this Article. Property and Lots within MIRROR ESTATES owned by Declarant, and all Common Maintenance Areas, shall be exempt from any and all assessments provided for in this Declaration. This Section shall apply notwithstanding any other provision to the contrary in this Declaration. Section 11. Management by Declarant During the Development Period. Declarant, at its option, shall have and may exercise all of the rights and powers herein given to the Association. Such rights and powers are reserved by the Declarant, its successors and assigns as provided in Article III. Declarant shall have the right and option to assess Owners for actual costs of maintaining Common Maintenance Areas and rights -of -way, and to assess a Plat management fee during the Development Period as set forth in Article VIII, Section 3. ARTICLE IX MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials, and other debris. All landscaping areas, including landscaping extending into the City right-of-way, shall be regularly maintained and trimmed to present a clean, neat, and well -maintained appearance. All refuse shall be kept in sanitary containers sealed from the view of any Lot; the containers shall regularly be emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device shall not be prohibited. No storage of goods, vehicles, boats, trailers, Commercial Vehicles (those used for employment that have outside advertising labels on the vehicle), campers, recreational vehicles, commercial use vehicles, or other equipment or device shall be permitted in open view from any Lot or right-of-way. (Vehicles, boats, trailers, trucks, campers, recreational vehicles, and commercial use vehicles shall be referred to as "Vehicles.") This provision shall not exclude temporary (less than 24 hours) parking of Vehicles on the designated driveway areas adjacent to garages on the Lots. This paragraph is not meant to disallow permanent (more than 24 hours) parking or storage of Vehicles on the Lots, but if stored, Vehicles shall be adequately screened from the view of adjacent rights -of -way and Lots. Screening of such Vehicles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked Vehicle, the Board has the authority to have towed, at the Owner's expense, any Vehicles still visible from the right-of-way or adjacent Residences that have been parked on any Lot or within the right- of-way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a Vehicle may secure written permission from the Board for such guests to park the Vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board. Section 2. Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purposes of going upon the Lots of Owners for the purpose of removing Vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration. Section 3. Lot Maintenance by the Association. In the event that an Owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the MIRROR ESTATES community, including maintenance of landscaping required in the adjacent right-of-way as set forth in Article XII, Section 12, the Board shall, upon receipt of written complaint of any Owner and the subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within forty-five (45) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law for enforcement of labor liens and materialman's liens. In the event that the estimated cost of such repair should exceed one- half (1/2) of one percent (10) of the County Tax Assessor's assessed value of the Lot and improvements on the Lot, the Board shall be required to have the assent of two-thirds (2/3) of the Members before undertaking such repairs. Section 4. Enforcement During the Development Period. During the Development Period, the Declarant may elect to exercise and perform the functions of the Board. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant shall appoint the Temporary Board to function as provided herein. Section 5. Wildlife Protection. Lot owners within this plat are encouraged to participate in informational and educational programs and activities, such as The Backyard Wildlife Sanctuary program established by the State's Department of Fish and Wildlife, dealing with the protection of wildlife. Suggestions for programs and activities may include, but are not limited to, the following: - Plant more trees and shrubs; vegetation is the key to attracting a variety of wildlife. Dead trees (snags) are especially valuable to wildlife; try to keep them on your property if they pose no safety hazard. - Add a birdbath, garden pond, or other source of water. A safe place to bathe and drink will act as a magnet to many animals. - Add bird houses; try to leave snags on your property. Cavity -nesting birds have been especially impacted by urban development. A bird house of the proper dimensions can substitute for snags where these birds used to nest. Cover any openings under the eaves or other places around your house where house sparrows and starlings may nest. These non-native birds are undesirable competitors for food and nesting cavities and many native birds have suffered because of their presence. Bird houses and feeders should be designed and managed to reduce use by sparrows and starlings. - Control cats that may be prowling around your sanctuary; they can be especially harmful to birds that feed or nest on the ground. visit the American Bird Conservancy Website for information on their "Cats Indoors!" program for ideas on how to keep your cats indoors. - Get your neighbors interested in backyard wildlife. Several adjacent yards with good wildlife resources are even more effective. Most wildlife species need areas larger than a single lot can provide; every homeowner is a habitat manager, and the collective actions of conscientious homeowners will benefit the wildlife that shares your living space. Keep bird feeders clean and safe, if you choose to feed for your own viewing pleasure. ARTICLE X HOMEOWNERS' ASSOCIATION Section 1. Non -Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. Section 2. Membership_. Every person or entity (including Declarant) who is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in an way except upon the transfer of title to, or a real estate contract vendee's interest in, said Lot and then only to the transferee of either the title to the Lot or the vendee's interest in the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. Section 3. Voting Right. The Association shall have two (2) classes of voting membership: Class A: Class A members shall be all Owners, with the exceptions of (I) the Declarant while the Declarant is a Class B member, and (ii) the Owners of Lots described as exempt in the Declaration. Class A members shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they by majority determine, but in no event shall more than one (1) vote be cast with respect to any Lot, nor shall any vote be divided. When more than one person holds an interest in any Lot, all such persons shall unanimously designate (in writing delivered to the secretary of the Association) one of the persons (owing an interest in the Lot) to vote (in person or by proxy) the vote for such Lot. Class B: Class B member(s) shall be the Declarant (as defined in this Declaration), and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on April 1, 2017. The Declarant shall become a Class A member as to any Lots owned by the Declarant on April 1, 2017. The voting rights of any Owner may be suspended as provided for either in this Declaration, or in the Articles, or the Bylaws of the Association. The Declarant, during the Development Period, or the Association, after the Development period, shall have the right to suspend the voting rights of a member for (I) any period during which any assessment, or any other charge (as defined in Article XVI, Section 6) against the Lot remains unpaid, and (ii) for a period of not to exceed sixty (60) days each for any (and for each separate) infraction of the terms of this Declaration, the Articles or the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of Plat of MIRROR ESTATES Homeowners' Association. ARTICLE XI MANAGEMENT BY BOARD Section 1. Expiration of the Development Period. Upon expiration of the Declarant's management authority under Article III, all administrative power and authority shall vest in a Board of three (3) Directors who need not be members of the Association. The Association, by amendment of the Bylaws, may increase the number of Directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period under Article III. Section 2. Terms. The terms which the Board members will serve are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accord with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limitation: (a) Insurance. Obtain policies of insurance for Common Maintenance Areas. (b) Legal and Accounting Services. Obtain legal and accounting services if necessary to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. (c) Maintenance. Pay from Association funds, all costs of maintaining the Common Maintenance Areas. (d) Maintenance of Lots. Subject to the requirements of Article IX, Section 3, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas, or (2) to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot and the Lot for the cost of such maintenance. (e) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the entire cost of discharging the lien(s) and all of any costs or expenses, including reasonable attorneys, fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot(s) responsible to the extent of their responsibility. (f) Utilities. Pay all utility charges attributable to Common Maintenance Areas. The Homeowner's Association will pay for the monthly electric bills, repair and maintenance of the private street lighting system. (g) Security. Pay all cost deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (h) Right to Contract. Have the exclusive right to contract for goods, services, maintenance, and capital improvements provided, however, that such right of contract shall be subject to the provisions of this Declaration. (i) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas; provided that for those capital improvements exceeding Five Thousand and No/100 Dollars ($5,000.00), addition of such capital improvements to the Common Maintenance Areas must be approved by two-thirds (2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose (subject to notice and quorum requirements as set forth in Article VIII, Section 5 herein) . (j) Right of Entry. Enter any Lot or Residence, when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Board, at the Association's expense, if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot and against the Owner of the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot and against the Owner of the Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot and against the other Lot. W Promulgation of Rules. Adopt and publish any rules and regulations governing the members and their guests and establish penalties for any infraction thereof. (1) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three (3) consecutive regular meetings of the Board. (m) Employment of Manager. Employ a manager, as independent contractor, or such other employees as the Board deems necessary and describe the duties of such employees. (n) Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Common Maintenance Areas. (o) Impose Assessments. assessments. (p) Associatio Impose annual and special Bank Account. Open a bank account on behalf of the n and designate the signatories required. (q) Exercise of Powers, Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions by the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. Section 4. This Article XI is subject to the provisions of Article III. ARTICLE XII LAND USE RESTRICTIONS Section 1. All Lots within the Properties shall be used solely for private single-family residential purposes. Private single-family residences shall consist of no less than one (1) Lot, and no Lot shall ever be further subdivided. No Residence shall be constructed which exceeds the allowable height set forth in the City of Federal Way Zoning for the RS-7.2 zone. Each Residence must have a private enclosed car shelter for not less than two (2) cars. No single structure shall be altered to provide residence for more than one (1) family. Rambler type residences shall contain at least 1,200 square feet. Multi- story residences shall contain at least 1,500 square feet. For daylight basement homes and split-levels, the minimum main floor area shall be at least 1,000 square feet. For tri-level homes, the minimum total floor area shall be at least 1,200(including basement) square feet. In computing the total square footage of a residence, the basement shall not be included, nor shall garages or enclosed decks be included. Section 2. No Lot shall be used in a fashion which unreasonably interferes with any other Owner's right to use and enjoy the other Owner's Lots. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use of a site unreasonable interferes with those rights; such determination shall be conclusive. Section 3. (a) No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done or maintained on the Properties which may become an activity or condition which unreasonably interferes with the rights this Declarant gives other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detracts from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers, mobile homes, recreational vehicles, disabled vehicles of any kind whatsoever, and landscaping which is not properly maintained. (b) Notwithstanding anything in Section 3(a) of this Article XII to the contrary, during the Development Period the Declarant may permit trailers ("temporary trailers") to be placed upon Owner's Lots to facilitate the sale of the Lots and the construction of residences (and residence -associated improvements) upon the Lots. All such temporary trailers shall be placed only upon either (A) a Lot being sold by the Lot's Owner, or (B) the Lot upon which a residence is being constructed by the Lot's Owner. No such temporary trailers shall be placed, without Declarant's permission, on any other portion of the property described on the attached Exhibit "A" and the adjacent rights -of -way. The Declarant specifically, in the Declarant's sole discretion, may (i) completely deny an Owner permission to place a temporary trailer on Owner's Lot, (ii) require any temporary trailer placed upon the Lot to be placed in such a location as to minimize view from public rights -of -way or from residences on other Lots, or (iii) impose landscaping requirements which the Declarant, in the Declarant's sole discretion, may require, to improve the appearance of the temporary trailer on the Lot. Any trailer is also subject to the City of Federal Way's Temporary Trailer Regulations. Section 4. Fences, walls or shrubs are permitted on side and rear property lines, up to within the greater of (i) twenty (20) feet of the front property line, or (ii) the distance between the front Lot line and the adjacent front wall ( f agade ) of the primary Residence, subject to (1) the approval of the Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements elsewhere recorded. In no event shall any fences be allowed between the front Lot line and the front wall (fagade) of the primary residence. No barbed wire, chain link, or corrugated fiberglass fences shall be erected on any Lot, except that Chain fencing for sports facility enclosures may be considered for approval by the Committee upon request. All fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction. For corner Lots or panhandle Lots, fencing closer to the front property line than as otherwise allowed in this section may be approved upon review by the Committee. All fences and walls are also subject to the City of Federal Way's height and setback limitations. Section 5. No mobile or "manufactured" homes, trailers, structures of a temporary character, recreational vehicle, basement, tent, shack, garage, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently. No vehicles parked in public rights -of -way may be used temporarily or permanently for residential purposes. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil Storage for residential heating purposes is permissible if the storage tank is buried, any necessary permits are obtained, and the storage complies with all applicable environmental laws, rules, and regulations. Section 7. Building Setbacks. No structures shall be located within ten (10) feet of the front line or nearer to the side street line than minimum dwelling setback lines required by applicable public zoning ordinances. The City of Federal Way allows no structures within twenty (20) feet of the front property line unless otherwise permitted by Code. For the purpose of this Covenant, eaves, steps, chimneys, and open porches shall not be considered as part of the dwelling; provided, however, that this shall not be considered to permit any portion of a dwelling on a Lot to encroach any required setback by local codes, or to encroach upon another Lot or upon any easements indicated on the face of the Plat or as otherwise recorded, or upon the Common Maintenance Areas. In no event shall any structure violate any provisions of any City of Federal Way zoning ordinance, or any specific setbacks as set forth on the recorded plat map, or any setbacks imposed through the establishment of easements for utilities or access. Section B. Signs. (a) No signs, billboards, or other advertising structures or device shall be displayed to the public view on any Lot except one (1) sign not to exceed five ( 5 ) square feet in area may be placed on a Lot to offer the property for sale or rent. The sign may also be used by a builder to advertise the property during the construction and sale period. Political yard signs, not more than eight (8) square feet in area, of a temporary nature, will be allowed during campaign periods on Lots. Within five (5) days after the date of the election to which the sign refers, such signs must be removed from Lots. This Section 8(a) [including, but not limited to, the restrictions on the number of signs and the sign size limit] shall not apply to signs approved under Section 8(b) or Article XII by the Declarant during the Development Period. (b)(1) The Declarant may establish, for the duration of the Development Period, signage guidelines and standards for Lot identification signs, realtor identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the Lots within PLAT OF MIRROR ESTATES, the Common Maintenance Areas, or public rights -of -way. The Declarant may also develop an overall theme for signage within the project, including specific requirements for physical sign installations and size requirements, which theme will then become part of the established guidelines and standards for signage in MIRROR ESTATES during the Development Period. In the event such Guidelines are established, the Declarant shall make the signage guidelines and standards available upon request to Lot Owners and their representatives, including both builders and real estate agents of Lot Owners. (b)(2) During the Development Period, the Declarant shall have the sole exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within the Plat of MIRROR ESTATES, including the adjacent rights -of -way. Every Owner of a Lot in MIRROR ESTATES, and any builder or real estate agent on behalf of an Owner, shall submit any proposed signs to the Declarant for approval prior to installation of the signs. Any signs not specifically approved by the Declarant found anywhere within MIRROR ESTATES, the Common Maintenance Areas, (or any other potion of the property identified on the attached Exhibit "A"), or on adjacent rights -of -way, may be promptly removed and disposed of by the Declarant. The absolute right of the Declarant to remove unauthorized signs from the Premises specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or their representatives, including temporary reader board signs and other signage installations. No person, including, but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for sign(s) removed by Declarant pursuant to this Section. (c) The Board may cause any sign placed on Properties, in violation of this Article XII, Section 8, to be removed and destroyed without compensation of any kind to anyone including, but not limited to, any persons having an ownership interest in the sign. This Section shall not apply to signage placed by Declarant (see Section 8(d) of this Article XII). (d)(1) Additional signage may be installed by Declarant during the Development Period to promote the sale of Lots or houses and to promote Declarant's project and company. Notwithstanding anything in this Section 8 of Article XII to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the limitation set forth in Section 3(a) of this Article XII on the number of signs and the size of signs. The Declarant shall not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Section 8(d) of Article XII. (d)(2) Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation, or maintenance of any signs which are placed upon any Lot not owned by the Declarant. This Section shall apply even if Declarant requires an Owner to place a sign pursuant to this Section 8 of Article XII. Section 9. Animals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the Plat. Leashed animals are permitted within rights -of -way when accompanied by their Owners. Efforts shall be made by the person accompanying the animal to exercise "scooping" of animal waste. All pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Board will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within ten (10) days. Failure to comply with the written notice will result in a fine of $25.00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fined Owner. The Association shall be entitled to attorneys' fees and costs for any action taken to collect such fines in accordance with the provisions of Article XVI, Section 5. Section 10. Driveways. All driveways shall be paved with exposed aggregate concrete, unless otherwise approved by the Committee. Section 11. Delegation of Use and Responsibilities. Any Owner may delegate, to members of his family or his tenants, in accordance with the Bylaws of Plat of MIRROR ESTATES Homeowners' Association, the Owner's right of enjoyment of Common Maintenance Areas. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each Owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association as they may relate to appropriate community behavior. Each Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common Maintenance Areas (or any other area maintained by the Association) or to any other Association property, whether real or personal, caused by an Owner's family, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association shall impose a lien upon the Owner's Lot for the amount of damages. Section 12. Landscaping Standards. The entire front yard, including up to the edge of the curb or sidewalk in the adjacent right-of-way fronting any Lot within MIRROR ESTATES shall be landscaped in accordance with the provisions of this Section 12. The landscaping shall be installed within sixty (60) days of the receipt of a Certificate of Occupancy, or within eight (8) months from the date that construction is initiated, whichever date is earlier. If inclement weather conditions prevent the timely installation of said landscaping improvements, the Lot Owner must make application to the Committee for an extension of time until weather conditions sufficiently improve. For corner Lots, the "front yard" shall mean the frontage on both streets, such that both street frontages and yards must be landscaped. "Front yard" shall be defined as the Lot area extending from the front property line back to a line measured parallel with the front property line which would coincide with the front wall of the main dwelling on the Lot, exclusive of any garage projections. The front yard landscaping shall include all the adjacent public street right-of-way along the Lot frontage out to the edge of the curb or sidewalk in the public street. Each Lot Owner shall be responsible for installing and maintaining the landscaping within this adjacent right-of-way. Section 13. Garages. Each Residence shall incorporate a minimum two (2) car garage designed and constructed as an integral part of said Residence. Section 14. Street trees (a) Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. (b) The trees shall be located no more than 20 feet from the street right-of-way line. (c) The trees shall be owned and maintained by the abutting lot owners of the Homeowner's Association. (d) Species of the trees shall not include Poplar, Cottonwood, Soft Maples, Gum, and any fruit bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. ARTICLE XIII BUILDING RESTRICTIONS Section 1. Building Materials. All homes constructed on each Lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with the aesthetic character of MIRROR ESTATES development and whether the material would add to the attractive development of the subdivision. All roofs are to be architectural composition pewter gray (or equivalent), shingle, tile, or other similar material acceptable to the Committee. All siding and trim are to be re -sawn wood or equivalent, i.e., "Hardie Plank" lap type siding or brick, or stucco (upon approval of Committee) of a color approved by the Committee. The exterior of all construction on any Lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings and landscaping within MIRROR ESTATES. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed, built, and maintained to be compatible with the exterior of the structure they adjoin. Section 2. Maintenance of Lots During the Construction Period. Each Lot Owner, exclusive of the Declarant shall have a responsibility to generally maintain the Lot in either a natural forested condition prior to any clearing or in a neat and clean appearance after construction commences for a Residence on said Lot. After clearing of vegetation for construction, the debris from the clearing operation shall be promptly removed from the Lot and disposed of off site in an approved location. In no case shall any vegetation cleared from one Lot be deposited on an adjacent Lot. During construction of each Residence, periodic efforts shall be made by the Owner, or the Owner's construction representatives, to pick up scrap materials and other construction debris and to periodically dispose of said materials. No dumping of any such debris or refuse shall be allowed on adjoining Lots or on any Common Maintenance Areas within the Plat of MIRROR ESTATES. Upon completion of the construction on any Lot and prior to the occupancy of the structure, the Lot Owner shall be responsible for keeping the landscaping improvements and the structure itself in a clean and neat appearance. This shall include the responsibility for regular landscape maintenance, watering, trimming, and upkeep to present a finished, manicured appearance of said premises from the adjacent right-of-way. In the event that the Lot Owner, or Owner's construction representatives, fails to meet the standards set forth in this Section, the Board shall have the right to complete such clean-up activity in accordance with the provisions as set forth in Article IX. Each Owner shall be required to clean up the Lot within ten (10) days of receipt of Certificate of Occupancy. Following occupancy, the new Owner shall then be responsible to maintain said Lot in a manner consistent with Article IX herein. Section 3. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority, and written approval of such permits from the Board, Committee, or the Declarant, as well as plan check approval as set forth in Article XV, Section 8. Section 4. Codes. All construction shall conform to the requirements of the State of Washington's Rules and Regulations for Installing Electric Wires and Equipment, and Uniform Codes (building, mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section 5. Time of Completion. The exterior of any structures, including painting or other suitable finish and front yard landscaping, shall be completed within eight (8) months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period. Section 6. Entry for Inspection. Any agent, officer or member of the Board, Committee, or Declarant may, at any reasonable predetermined hour upon twenty-four (24) hour's notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above -recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created and easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 7. Contractor. Without the prior approval of the Committee, no home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the State of Washington. ARTICLE XIV UTILITIES Section 1. Wiring/Power Supply- The wiring (other than interior wiring) for buildings of any kind shall be underground. Section 2. Antennae. No radio or television antennae, transmitters or parabolic reflectors (satellite dish antennae) shall be permitted unless approved by the Committee. Any such installations shall be fully screened from public view as a minimum requirement for approval, but such screening shall not guarantee approval by the Committee. Any such installations shall not be approved if, in the sole discretion of the Committee, the installation(s) will detract from the appearance of the Lot or Properties. 30" maximum width DSS type dishes are permitted. Section 3. Utilities - Requirement for Natural Gas Connection. All structures must utilize natural gas for home heating systems unless otherwise approved by the Declarant. A penalty of $1,200.00 will be assessed against any Lot Owner's Lot where natural gas is not utilized for home heating systems unless a specific exemption in writing was first obtained by said Lot Owner from the Declarant. The $1,200.00 penalty shall be a lien upon the Lot or Lots upon which the residence, not using natural gas, is locate, and shall also be the personal obligation of the Owner of the Lot(s). Declarant shall have the right to foreclose on said lien if payment is not made by said Lot Owner promptly within thirty (30) days of the request for such payment by Declarant. The $1,200.00 to be paid pursuant to this Section shall be paid to Declarant. ARTICLE XV ARCHITECTURAL CONTROL Section 1. Architectural Control Committee ("Committee"). So long as the Declarant is either a Class A or Class B voting member of the Association, the Declarant shall act as the Architectural Control Committee ("act as the Committee") created by this Article XV (even if the Development Period has ended) unless the Declarant elects not to act as the Committee. If the Declarant is acting as the Committee, the Declarant shall have all authority and perform all functions given to the Committee by these Declarations and applicable law; all references to "Committee" in this Article XV shall apply to the Declarant while acting as the Committee. If the Declarant is still a voting member of the Association but elects not to act as the Committee, then (i) if the Development Period has not ended, Declarant shall appoint a Committee to function as the Committee and (ii) after the Development Period, the Board shall appoint the Committee. At such time as the Declarant is no longer a voting member of the Association, the Board shall have the authority to appoint the Committee provided for by this Article XV. The Committee, when appointed, shall consist of not less than three (e) and not more than five (5) Members. It is not a requirement that Members of the Committee be (1) Owners or (2) Members of the Association. Section 2. Jurisdiction and Purpose. The Committee or the Declarant as set forth herein, shall review proposed plans and specifications for Residences, accessory structures, fences, walls, appurtenant recreational facilities (e.g., hot tubs, basketball courts, tennis courts, swimming pools, and bath houses), or other exterior structures to be placed upon the Properties. No exterior addition, structural alteration, or exterior structures of any kind may be made until plans and specifications showing the nature, kind, shape, height, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of homes in the Plat. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes in the Plat. Section 3. Members. Except as provided in Section 1 of this Article XV, the Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The decisions of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section S. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members shall have no financial liability resulting from Committee actions. Section 6. Address of the Committee. The address of the Committee shall be at the registered office address of the Association. Section 7. Voting. Committee decisions shall be determined by a majority vote of the members of the Committee. Section 8. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted either in person or by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify the Lot involved, and the information contained in Exhibit "B" as generally outlined below: (a) The location of the structure upon the Lot; (b) The elevation of the structure with reference to the existing and finished Lot grades; (c) The general design; (d) The interior layout; (e) The exterior finish materials and color, including roof materials; (f) Other information which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the Committee in evaluating development proposals. Section 9. Plan Check Fee. All individuals submitting plans to the Committee shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee will be charged to review plans and specifications for Residences, as noted in Exhibit B. After the Development Period, the review fees may be changed by vote of a majority of the Board, to cover reasonable review costs. Section 10. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to such standards in evaluating development proposals, the Committee shall determine whether the external design, color, building materials, appearance, height, configuration, location on the Lot, and landscaping of the proposed structure (the "design elements") harmonize with (1) various features of the natural and built environment, (2) the aesthetic character of the other homes in MIRROR ESTATES, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration (collectively the "approval factors"). The Committee shall decline to approve any design in which (1) the design elements fail to harmonize with the approval factors described in the previous sentence or which fail to meet any aesthetic standards promulgated by the Committee, (2) impacts adversely on nearby Properties and Common Maintenance Areas, or (3) is of a temporary on non -permanent nature. Committee determinations may be amended by a majority vote of Committee members. Section 11. Exclusions. So long as the Declarant is either a Class A or Class B voting member of the Association, the Declarant shall have the right to waive the plans and specifications review for builders in MIRROR ESTATES. Any such waiver shall not exempt said builder from any of the standards or restrictions articulated in this Declaration, and all structures and improvements shall meet all standards and restrictions contained in these declarations. Section 12. Approval Procedures. Within fourteen (14) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed structure. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration and criteria (including those in Section 10 of this Article XV) or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event that no disapproval of such plans and specification is given within fourteen (14) days of submission, then the plans shall be deemed to be approved. In any event, the Association shall hold the Committee members (and the Declarant, if acting as the Committee) harmless from any actions taken (or actions not taken) relative to the approval, disapproval, or non -action on any plans submitted for review. "Non -action" on the part of the Committee shall not exempt the applicant from any of the provisions of this Declaration or the restrictions articulated herein. By purchasing a Lot in MIRROR ESTATES, the Owners agree that, to the extent permitted by law, the Declarant shall have no liability to the Owners or the Association for any actions taken, or actions not taken, while acting as the Committee. Section 13. Compliance with Codes/Environmental Laws. (a) In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with local building codes and requirements. The Owner shall hold the Committee members (and Declarant) harmless in the event that a structure which the Committee (or Declarant) authorizes fails to comply with relevant building and zoning requirements or these covenants and restrictions contained herein. No person on the Committee or acting on behalf of the Committee or Declarant, be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee, or by the Declarant. (b) Neither the Declarant, the Committee, nor any member of the Committee, nor the Association, no anyone acting on behalf of the Committee or the Association shall have any responsibility for compliance by Owner (or any agent, representative, guest, or invitee of Owner) with any environmental laws, regulations, or rules, including, but not limited to those relating to hazardous waste and placement of underground oil storage tanks. Section 14. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not (1) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted if the Committee determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. Section 15. Enforcement. The Association (including the Declarant on behalf of the Association), Board, or any Owner shall have the right to bring suit for judicial enforcement of a determination of the Committee, or, after the Development Period, to seek an order requiring the Committee to exercise its authority, and perform its functions, under this Article XV. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal (see Article XVI, Section 5). Section 16. Committee/Declarant Liability. The Association shall hold the Committee Members and the Declarant, if acting as the Committee, harmless from any actions taken (or actions not taken) under any previous of this Declaration, including, but not limited to, actions taken (or not taken) under Articles XII, XIII and XV of this Declaration. By purchasing a Lot in MIRROR ESTATES, the Owners agree that, to the extent permitted by the law, neither the Declarant (nor any officer, director, or representative of Declarant), nor the Committee (nor any member of the Committee) shall have any liability to the Owners or to the Association for any actions taken, or actions not taken, while acting as the Declarant or the Committee under this Declaration. "Non -action" on the part of the Committee or the Declarant shall not exempt the applicant from any of the provisions of this Declaration or restrictions contained in this Declaration. ARTICLE XVI GENERAL PROVISIONS Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend or remove the covenants in whole or in part. Section 2. Amendment. The covenants and restrictions articulated in this Declaration shall run with the land and bind the land for a term of thirty (30) years from the date that this Declaration is recorded. After thirty (30) years have expired the covenants shall be automatically extended in accordance with the provisions set forth in Section 1 of this Article. So long as the Declarant is either a Class A or Class B member of the Association, this Declaration may be amended only if (a) the Declarant gives the Declarant's express written approval of the amendment in writing, and (b) the Owners of at least fifty-one percent (510) of the Lots, including those owned by Declarant, sign an instrument (which may be executed in counterparts) approving the amendment. At such time as the Declarant is no longer a Class A or Class B voting member of the Association, this Declaration may be amended if the Owners of at least seventy-five percent (75%) of the Lots vote to amend particular provisions of this instrument as then in effect (including any prior amendments). In no event shall any provision regarding the payment of funds for streetlights be amended without the prior written consent of the City of Federal Way. All amendments must be filed with the office of the King County Auditor. Section 3. Insurance. The Association shall have no obligation to obtain any insurance on the Lots or the structures located on the Lots except as expressly provided herein. Section 4. Enforcement. The Association (including the Declarant on behalf of the Association) the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration (including, but not limited to, Article XV, Section 15) . Section 5. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provisions of this Declaration, or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be personally obligated to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's Lot. In any legal action commenced in order to enforce the provisions of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' fees and expert witness fees incurred in order to enforce the provisions of this Declaration. The prevailing party shall also be entitled to recover all costs. Section 6. Liens for Other Charges. This Section shall apply to all fees, charges, penalties, interest, costs, attorneys' fees and other amounts assessed against an Owner or the Owner's Lot (the "other charges") and which are not described in Sections 3 and 4 of Article VIII of this Declaration (the "regular assessments"). Unless otherwise provided in this Declaration, the other charges shall be a personal obligation of the Owner, and also a lien against the Owner's Lots identical to the lien of the regular assessments. The liens upon Lots for other charges may be recorded, collected and foreclosed in the same manner as liens for regular assessments, with the costs (including reasonable attorneys' fees) of collection or foreclosure, or both, to be additional "other charges" for which the Owner shall be personally liable and which shall be a lien on the Owner's Lot enforceable as provided in this Section. Section 7. Interest. All assessments, penalties, liens, fines, and other charges (defined in Section 5 of this Article XVI) shall bear interest, if not paid when due, at the rate of ten percent (l00) per annum until paid in full. The interest shall accrue from the due date. Section 8 Successors and Assigns. restrictions and conditions shall run with the land and successors and assigns. articulated in shall accordingly The covenants, this Declaration be binding on all Section 9. Severability. The invalidity of any one or more phases, clauses, sentences, paragraphs or sections herein shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. Section 10. Rule Against Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving member of the Temporary Board appointed by the Declarant in the Articles of Incorporation for the Association ("First Temporary Board") of the Association or twenty-one (21) years after the death of the last survivor of all of any of the First Temporary Board member's children and grandchildren who shall be living at the time this instrument is executed, whichever is later. All such provisions shall be given full effect until the particular provisions become void under this Section. IN WITNESS WHEREOF the undersigned, being the Declarant herein, have hereunto set their hand and seal this day of 2014. By: MIRROR ESTATES LLC STATE OF WASHINGTON j SS COUNTY OF KING 7 On this day of 2014, personally appeared before me to me known to be the of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he is authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Notary Public in and for the State of Washington, residing at My appointment expires EXHIBIT "A" LEGAL DESCRIPTION PLAT OF MIRROR ESTATES, KING COUNTY, WASHINGTON RECORDED UNDER AUDITORS FILE NO. Volume of Plats, Pages through , inclusive in KING County, Washington. i MIRROR ESTATES PRELIMINARY INFORMATION WORKSBEET BUILDER LOT NO. PREVIOUSLY REVIEWED FOR LOT NO. ADDRESS PLAN NO. SECTION I PLOT PLAN AND LANDSCAPING Please include the following information on the plot plan and fill in blanks where provided.) A. Plot Plan (Scale: 1" = 20') 1. Location of Structure on Lot (in feet) a. Front yard setback b. Side yard setback (Rt.) c. Side yard setback (Lt.) d. Rear yard setback 2. Exposed aggregate concrete driveway 3. Show all easements affecting lot (per recorded final plat) B. Landscape Plan/information 1. Show proposed lawn and planter areas. 2. Sod or seeded area to extend to adjacent edge of sidewalk or curb (on corner lots, lawn is to extend to edge of pavement on both adjacent street frontages). 3. Location and proposed type of fencing (if applicable). Fences shall not extend beyond adjacent front elevation of house, unless otherwise approved by the Architectural Control Committee (ACC). SECTION 11— RESIDENTIAL PLAN REQUIREMENT A. Complete set of building plans, elevations, and specifications, providing the following information, as a minimum: 1. Finished floor areas - Main Floor s.f. - Upper Floor s.f. - Basement s.f. - Unfinished s.f. - Garage s.f. 2. Roofing materials: 3. Exterior wall materials/finishes: 4. No. of fireplaces and finishes: Main Other 5. Area of masonry on facade: s. f. 6. Types of window frames: Wood Extruded Vinyl Extruded Aluminum (anodized only) 7. Exterior color scheme (please attach samples or manufacturer name and number) Main Accent Trim 8. Do you propose to install any an on exterior of structure? (Note: Such structures require special approval from ACC) _ No Yes (Please describe): 9. Main heating source: Natural Gas Other (submit fee of $1,200.00) 10. Proposed start date: Proposed completion date: B. Fees Street maintenance deposit $500.00. Each builder will be responsible for maintaining street frontage improverne37-Its during construction. $100.00 of this fee is consideration for a non-refundable deposit for storm cleaning services during the Development Period. A $50.00 Plan Review Fee for each floor plan will be charged. There will be no charge for subsequent reuse of previously approved plans, he balance of the fee will be refunded upon completion of last residence and a satisfactory inspection by the ACC, in accordance with the recorded. CC&Rs. 1, , am as authorized representative of Owner/Contractor for residence to be constructed on this Lot, and certify that the information provided herein is accurate to the best of my knov.7ltedge. Any significant deviations from the above will be submitted to the MIRROR ES-rATES Architectural Control Committee for review and approval. Signature Title Company Submittal Requirements: 1. One complete set of Building Plans 2. Two copies of Plot/Landscape Plan 3. One copy of Preliminary Information Sheet 4. Color samples and/or manufacturer name and number Note: Plans submitted for review must be legible and will not be returned. Plans that have been previously reviewed, please specify plan and Lot number, and any modifications being proposed. CITY OF A�k Federal Way DATE: 3/3/15 TO: Matt Herrera — Senior Planner Kari Cimmer — Permit Center Supervisor Scott Sproul — Assistant Building Official Erik Earle — IT GIS Analyst Brian Asbury — Lakehaven Utility District FROM: Kalon Thomas SUBJECT: Recorded Mirror Estates Final Plat MEMORANDUM Community Development Department The following plat was recorded on February 26, 2015. Mirror Estates Final -Plat File # 14-103140-00-SU Recording # 20150226001192 # of lots: 27 Volume: 268 Page #: 077-081 Major #: 555700-