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RES 98-30 APPROVAL OF FERNBROOK SUBDIVISION FINAL PLAT (FSUB05-26-98-1)RESOLUTION NO. 98-30 A RtSOLUTION of the City of Bainbridge Island, Washington, approving the Fernbrook Subdivision final plat (FSUB05-26-98-1) WHEREAS, by Resolution 97-32, adopted on November 6, 1997 the City Council approved the preliminary plat of Fernbrook, submitted by Ras Property Development Co. to the Department of Planning and Community Development; and WHEREAS, on May 26, 1998 Ras Property Development Co. submitted a final plat application to the Department of Planning and Community Development; and WHEREAS, the City Engineer reviewed the final plat and forwarded a recommendation of approval to the Department; and WHEREAS, the Department of Planning ~nd Community Development reviewed and forwarded its recommendation and the recommendations of other departments for approval to the City Council; now therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RKSOLVE AS FOLLOWS: Section 1. The City Council finds that the subdivision proposed for final plat approval conforms to all terms and conditions of approval for preliminary plat. Section 2. The City Council finds that the subdivision proposed for final plat approval and the final plat meet the requirements of Chapter 58.17 RCW,. other applicable State laws, BIMC Chapter 17.04, the zoning ordinance and all other applicable ordinances that were' in effect at the time of preliminary plat approval. Section 3. The Mayor or Council Chair is authorized and directed to inscribe and execute the City Council' s approval on the face of the final plat. Section 4. The City Clerk is authorized and directed to file the original of the final plat for record with the Kitsap County Auditor, and to file one reproducible copy of the final plat (containing the Kitsap County Auditor' s recording number) with the City Clerk, the City Engineer, the Kitsap County Assessor and the applicant. PASSED by the City Council this ~;"t day of June, 1998. APPROVED by the Mayor this 1~ day of June, 1998. ATI'EST/AUTHENTICATE; FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NUMBER 98- City of Bainbridge Island PLANNING AND COMMUNITY DE VEL OPMENT ': ' ' ':" ........ :' : : i .'. :: ..... ... : .: ....:2 ..... '. 2': : : !' ...... . '... 2' ::. ':' ' '. :::' :: .... 'i '. : ..... : ' · .: .... . :.. .:. :. . ..... . ......... . ......... : .. ............. .'..::.:.'.: :...: ...... :: ............: .....:..:: :! :?:... TO: FROM: Mayor Sutton and the City Council Joshua Machen, Planner DATE: June 10, 1998 Fernbrook Final Subdivision (FSUB 05-26-98-1 ) REOUEST To approve a final plat application for Fembrook Subdivision BACKGROUND The preliminary plat for Fernbrook was approved under Resolution 97-32 on November 6, 1998 with conditions. The approval was for a 10-lot subdivision in a single-family (12,500 square feet per unit) zone. The site is located on 3 acres just south of Klikitat Avenue on the west side of Femcliff Avenue. CONDITIONS OF APPROVAL Conditions are itemized on Attachment A, which are contained in the October 6, 1997 Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner as accepted and modified by the City Council in Resolution 97-32. REVIEW BY CITY ENGINEER Renzo Toglia, Construction Manager determined that all construction items required for the plat are either completed on the ground or that security agreement amounts submitted are sufficient to cover improvements. Sewer Interceptor assessment fee to be paid prior to recording. Michael Kulish, Engineer Specialist has reviewed the drawings and is working with the applicant to make minor draining corrections. A corrected plat will be submitted to the City prior to council meeting. OPTIONS 1. Approve the final plat application. 2. Disapprove the final plat application. 3. Remm the application to the applicant for corrections. City of Bainbridge Island P L A NNIN G AND C 0 MM UNIT Y D E VEL 0 P MEN T RECOMMENDED MOTION Move to approve Resolution 98- , approving the final plat application for Fembrook Subdivision. ATTACHMENTS A. Fembrook Conditions of Approval. B. Recorded Covenants, Conditions & Restrictions (CC&Rs) containing the approved open space management plan. C. Resolution 97-32 approving Fembrook preliminary plat. D. Final plat drawing. Fernbrook Subdivision Conditions of approval from Resolution 97-32 A) As a condition of approval the Applicant shall comply and satisfy all conditons of the mitigated declaration of non-significance issued in this matter. These are: 1, Prior to any clearing, grading or building activities, the applicant shall submit a Temporary Erosion and Sedimentation Control Plan to the City Engineer for review and approval. The erosion control plan was submitted and approved by the City Engineering Department February 6, 1998. , No clearing or grading for infrastructure shall occur until preliminary subdivision approval. No work was done prior to preliminary plat approval. , Any clearing and grading proposed outside of the dry season, April 1 to October 1, shall provide an erosion control plan that specifically identifies methods of erosion control for wet weather conditions, which shall be approved by the City Engineer prior to any activity. The erosion control plan for wet conditions was approved by the City Engineering Department February 6, 1998. o Complete storm water drainage plans designed in accordance to the Washington State Department of Ecology Technical Manual shall be submitted and approved prior to final plat approval. Storm water drainage plans were submitted and approved by the City Engineering Department February 6, 1998. , , , , Fertilizers, herbicides, pesticides and irrigation of the lawn area shown as informal active recreation should be used at the minimum necessary for its maintenance and shall not exceed levels conforming with the best management practices as defined by the Kitsap Conservation District so as not to have an adverse effect on water quality. This condition has been placed on the f'mai plat drawings. To mitigate impacts on air quality during earth moving activities, contractors should conform to Puget Sound Air Pollution Control Agency Regulations which insure that reasonable precautions are taken to avoid dust emissions. (Section 16.08.040, BIMC) Precautions were taken during grading operations per the regulations. To mitigate impacts on air quality, cleared. vegetation must be removed from the site and processed by chipper or some other method of disposal that does not require burning. Vegetation was removed and/or processed without burning. Any street lighting within the subdivision, if proposed, will be required to be hooded and be the minimum height necessary to prevent glare off site. (Section 16.08.080, BIMC) Any street lighting, if installed will conform to BIMC Section 16.08.080. Fernbrook Conditions of Approval ATTACHMENT A , In order to mitigate the noise impact on adjacent development, construction and grading activities shall be limited from 7:00 a.m. to 6:00 p.m. Monday through Friday. Construction activities have complied with the regulation hours of work Monday thru Friday. 10. Any disturbance that occurs in the open space area adjacent to Ferncliff Avenue for the placement of the storm water drainage facilities shall be replanted with native trees, shrubs and ground cover to provide a full landscaped buffer to Ferncliff Avenue. The planting plan shall be submitted and approved prior to final plat and the planting shall occur during the next planting season following the approval. A planting plan to provide a full screen landscape buffer to Ferncliff Avenue has been submitted and approved by the Planning Department along with a Performance Assurance. 11. The 50 foot native vegetation buffer adjacent to the ravine shall be fenced with construction netting and or silt fencing prior to any grading or clearing within the open space area. The 50' buffer is protected by silt fencing. 12. In order to mitigate impact on the ravine and its wildlife habitat, a re-vegetation plan for the previously disturbed 50 foot native vegetation buffer (including a variety of native trees and shrubs) shall be submitted and approved by the City prior to final plat approval. The planting shall occur during the next planting season following approval. A planting plan with native trees and shrubs for the 50'foot buffer has been submitted and approved by the Planning Department along with a Performance Assurance. In order to provide safe pedestrian access within the subdivision and through the open space area, the subdivision shall provide sidewalks on both sides of the street, the 5 foot wide path leading to the open space shall be paved with asphalt or be concrete and the formal passive recreation walking trail shall be developed with a surface of crushed rock 5/8 of an inch or less layered 4 inches deep or more as detailed in the Bainbridge Island Trails Master Plan. All pedestrian improvements shall be installed prior to any building permit issuance. The sidwalks and path layout have been submitted and approved and shall be installed prior to any building permit issuance. C. The fire hydrant shall be installed in the approved location as proposed in accordance with Public Works standards. The location of the Fire Hydrant on the "water Plan" was submitted and approved by City Public Works Department February 6, 1998. The finish grade of the road shall not exceed 12 % for the entire length. If this is not possible, sprinkler systems will be required for each house served by the road. The road grade does not exceed 12% as shown on the grading plan submitted and approved by the City Engineering Department February 6, 1998. E. The intersection with Ferncliff Avenue shall be coordinated with the City's impending development of Ferncliff Avenue. Frontage improvements to the east edge of the property shall be consistent with Ferncliff Avenue improvement Fembrook Conditions of Approval 2 designs. The intersection of the plat roadway and Ferncliff meets the specifications and Design of the to be developed Ferncliff improvement plans as submitted and approved by the Public Works Department February 6, 1998. F. The permanent road end shall be developed in a cul-de-sac which meets the City of Bainbridge Island Design and Construction Standards and Specifications. (Attachment R) The cul-de-sac for the plat road end was designed per the City road standards as drawn in the roadway and plat plan submitted and approved by the City's Engineering Department February 6, 1998. G. If and when a trail system in the ravine is developed through the City, the formal wallring trail shall be extended through the buffer to connect to that trail system in accordance with the trail provisions contained in Bainbridge Island Trails Master Plan. The Open Space Management Plan, contained in the recorded Fernbrook CC&R's has this condition, thus requiring the Fernbrook Homeowners Association to connect their trail to the "Ravine" Trail system if and when it is developed. H. A school impact fee of $3,030.00 is to be paid for each of the newly created lots. One half shall be paid prior to final plat approval; the remaining $1,515.00 shall be paid at the time of building permit issuance. (Ord. 92-01 ). The applicant has paid the first half of the school impact fees and is prepared to pay the other half at the time of building permit issuance. This condition is noted on the f'mal plat. I. A final Open Space Management Plan and associated Covenants Conditions and Restrictions shall be recorded prior to final plat approval. The Open Space Management Plan and the Fernbrook CC&R's have been recorded. All open space area uses and restrictions are to follow the approved Open Space Management Plan. The Fernbrook CC&R's have been conformed to the uses and restrictions contained in the Open Space Management Plan. K. The private Covenants Codes and Restrictions containing the maintenance and responsibility of the open space shall be recorded prior to final plat. The Open Space Management Plan, containing the maintenance and responsibilities of the open space, has been recorded. L. All lot comers shall be staked with three-quarter inch galvanized iron pipe and locator stakes along with all other applicable survey provisions of Appendix A.(BIMC Chapter 17.04) The plat will be staked by Map LTD. As per the survey provisions of Appendix A (BIMC Chapter 17.04). The monumentation has been bonded for and will be completed after the sidewalks and pavement is in place. M. A plat certificate shall be provided prior to final plat approval. A Subdivision Guaranty has been submitted and reviewed by the City's Engineering Department. Fernbrook Conditions of Approval 3 N. Conditions 5, 8, 13 and 18-21 shall be listed on the final plat mylar. These conditions are listed on the f'mal plat mylar. O. Building setback and lot coverage requirements must be shown on the final plat. The building setbacks and lot coverage requirements are shown on the f'mal plat. Pi, Approved street names, traffic regulatory signs, and accessible mailbox locations that do not restrict pedestrian access must be provided prior to final plat approval. A street name has been submitted for approval along with traffic signs. The sidewalk layout provides locations for accessible mailboxes. Q. The final plat must contain a notice that the subdivision is within 300 feet from an established agricultural land on which a variety of commercial activities may occur that are not compatible with residential development in accordance with BIMC 16.20.180 C. The notice is inscribed on the final plat. Fernbrook Conditions of Approval 4 WHEN RECORDED RETURN TO: NAME: ADDRESS: CITY, STATE,ZIP I i I I / la:a?P RAS PROPERTY MANAGEMENT C COUEH ~4.ee Kitsap Co, MR Chicago Ti~e Insurance Company DOCUME~ TiTLE(s) \. ~-~",.~D~'L~L~ c~=' d,.d-~-cb~-~ n . C_c,-d-.e,,,,LLb ~. Cend-lt,c-ri 3. 4. REFERENCE NUMBER(s) OF DOCUMENTS ASSIGNED OR RELEASED: I"'i Additional numbers on page of document GRANTOR(s): 2. 3. Fladditional names on page of document GRANTEE(s)/BENEFICIARY: ~1. FE~tJ~e,&-cr~ Vz-t-LAc-t~ 2. 3. TRUSTEE: r'ladditional names on page LEGAL DESCRIPTION Lot-Unit: Block: Plat Name: of document gAIN''' ''' ''''''' ~ ISL'XND JUN 1. o 1998 DEP'i', OF }::LANNING & GOMMIjN!TY DEVELOP. ~MENT Volume: Page: Quarter/quarter: -sj~' c-'i/)'a) Section: -.2 ~ Township: ~ 5 [3additional l~gal d~Scription is on pageK'ydl; h ,' +~%f document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): ~. flc2,5'o2 - -:~- 6' s''/-2 - 2 ~ ~ Sz 2. 3. -.,, The Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. Range: ,;-~ E.:I 5tTtd/n ATTACHMENT B DECLA/IATION OF EASEMENTS, COVENA/qTS, CONDITIONS A/qD RESTRICTIONS ON THE PIJ~T OF FERbrBROOK .. THIS DECLARATION made this ~'2~F , day o f the R.A.S. Property Management Company, Incorporated, a Washington corporation, ~hereinafter called the "Declarant"), provides as follows: WHEREAS, Declarant is the owner of certain real property in, Bainbridge Island, Kitsap County, Wa hington, commonly known as the "Plat of Fernbrook", legally describ~e.d as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. EXCISE TAX EXEMPT JUN 5 1998 (hereafter the Property). WHEREAS, the Declarant is desirous of subjecting the Property described in the Plat of Fernbrook Village, a Planned Unit Development to the restrictions, covenants, reservations, easements and charges hereafter set forth (Protective Covenants), which are for the benefit of said Property and each Owner, and shall-inure to the benefit of and pass with said Property. _ NOW, THEREFORE, each and every parcel within the Property, and' each respective owner thereof, shall have the benefit of and be bound by the terms of this Declaration which are as follows: ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Fernbrook Homeowners" Associa-tion, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Property" shall--mean and refer to that certain real property hereinbefore described, and Such additions thereto as may hereafter be brought within the jurisdiction of the Association. I 3093403 . . Page: 8 o~ 1S ' 8B/85/S8 12:27P RRS PROPERTY MRHRGEMEH~ C COU[H ~4.88 Kitsap Co, WR I ° Section 4. "Common Area" shall mean all real property ( including the improvements thereto ) owned by the Association for the common use and enjoyment of the owner. The Common' Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. Section 5. "Lot" shall mean and refer to any plot of land shown upon the recorded subdivision map of the Property with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to the R.A.S. .Property Management Company, Incorporated, its successors and assign. ARTICLE I t PROPERTY RIGHTS Section 1: Owner's Easements of Eniovment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to suspend the voting rights and right to use of the common area by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (b) the right of the Association to dedicate or transfer all or any part of the Common Area (which is already subject to certain utility easements appearing on the plat therefor) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an ins[rumentagreeing to such dedication or transfer signed by two-thirds of the Owners has been recorded. Section 2: Delegation of Use- Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his immediate family, his tenants, or contract purchasers who reside on the property. I 3093403 · . P age.' 3 o{' 19 · 86/85/98 12:27P RRS PROPERTY MFINRGEMENT C COUEN $34.88 Kitsap Co, WFi ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall- be appurtenant to and may not be separated from ownership of any .__ Lot which is subject to assessment. Section 2. Every Owner of a Lot shall be entitled to one vote for each Lot owned, except the Declarant, who shall be entitled to three (3) votes for each Lot owned, until 6 lots have been sold by Declarant to independent owners, or until the Declarant's sooner choice to relinquish the Declarant's special voting rights. \ Section 3. The Lots owned by a party or parties other than the Dectarant, when more than one person holds an interest in that lot, all such persons shall be members. The vote for such Lot shall be exercised as the members' may determine, but in no event shall more than one Vote cast for any such multiple owner lot. ART I CLE IV COMMON FACILITIES AND OPEN SPACES Section 1: Use. On or before the first conveyance of a Lot in the Plat of Fernbrook, the Declarant shall have conveyed its right, title and interest now and hereafter acquired in the Common Area to the Fernbrook Homeowners' Association, subject to easements created or established pursuant to said plat. The properties and rights thereunder are to be used and enjoyed as roadways, parking, common facilities, and open spaces by members of the Association. The Association shall have the right to enter such properties and make improvements and alterations thereon as the Association may deem appropriate, including, without limitation, the storm drainage facilities, paving, landscaping, pedestrian walkways, recreations equipment .and outbuildings which the Association may deem necessary, desirable or convenient to promote, preserve, enhance and/or maintain the properties. The Open Space Managment Plan(OSMP), as approved by Bainbridge Island is attached hereto as Exhibit "A" and is binding upon the Fernbrook HOA... All the open space/common area will be maintained bi-monthly to ,the standards set out in the OSMP, attached hereto as Exhibit -~Ft"'~ AR CLm,,V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1: Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such 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) special assessments- for yard maintenance, such assessments to be established and collected as hereinafter provided. The assessments, toget[~r with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal-obligation for delinquent assessments shall not pass to his successors in title unless e~pressly assumed by them. Section 2: Purpose of Annual Assessments. The annual assessments levied by the Association are for the following purposes: (a) To maintain or enhance the landscaping for common areas; (b) To maintain or enhance the storm drainage facilities for the properties. The Association has special responsibilities to City of Bainbridge for the storm'drainage facilities, as set forth in Article XII below; (c) To provide for the maintenance of the Common Areas and parking facilities; (d) To pay the expenses of maintaining the Homeowners' Association, including costs and fees of professional, liability and casualty insurance premiums postage, printing and other administrative expenses; and, (e) In general, to promote the recreation, health, safety and welfare of the Owners and residents of the Lots. The Homeowners' Association shall have the power to require the annual assessments to be paid monthly. Section 3: Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner other than the Declarant, the maximum annual assessment shall - 3093403 Page: 5 o{' I S ,, 86/85/98 12:27P RRS PROPERTY MRNRGEMENT C COUEN $34.88 Kitsap Co, WR be Two Hundred Forty Dollars ($240.00) per Lot, assessed monthly in equal installments. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner other than the Declarant, the maximum annual assessment may be increased each year not more than five percent (5%) a~56Ve the maximum assessment for the previous year without a vote of the membership. ._(b) ~rom and after January 1 of the year immediately following the conveyance of the first Lot to an Owner other than the Declarant, the maximum annual assessment may be increased above five percent (5%), only after a seventy percent (70%) yes vote at a'\ membership meeting held as provided under Section 5 below. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4: Special Assessments for Capital Improvements'. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for. the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of- a capital improvement upon the Common Area, including roadways, the storm drainage facilities, parking areas, fixtures and personal property related thereto, provide°d that a special assessment for capital improvements shall be established only after a seventy percent (70%) yes vote at a membership meeting held pursuant to the provisions of Section 5 below. The Homeowners' Association shall have the power to permit amortization of special assessments for capital improvements through monthly installments paid over a finite period of time. Section 5: Membership Meetings to Approve Extraordinarv Increases in the Annual Assessment, and Special Asses~qments for Capital Improvements. Membership meetings to approve extraordinary increases in the annual assessment, and special assessments for capital improvements, may be held only after written notice sent to all members, not less than 15, or more than 50 days, in advance of the meeting. Members may vote at these meetings in person, by written proxy, or, if authorized by the Board of Directors, by mail. Sixty percent (60%) of all eligible votes must be cast, to establish a quorum at the meeting.-,.If the required quorum is not present, another meeting may be called to vote on this same issue. The required quorum at the second meeting shall be thirty percent (30%) of all eligible votes, provided that no second meeting shall be held more than 50 days following the preceding meeting. ' , - 3093403 : P age: 6 o~' 19 ! i ' e6./~5~;98 12:22P I~tS PROPEI~TY HFINRGEMENT C COUEN ' 4.ee Kitsap Co, HR Section 6: Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 7: Assessments for Yard Maintenance. Each lot will, prior to occupancy by the first homeowner, be landscaped. Each owner is obligated to maintain this landscaping in its installation condition, throughout their period of ownership. If a~"owner fails to meet this landscaping standard, the Board of Directors shall provide the homeowners with written notice of this failing, and a 30 day opportunity to restore the landscaping to the necessary standard. If at the end of this 30 day period, the homeowner has not met its landscaping responsibility, the Board of Directors may retain a contractor to provide this service, and charge the expense for the landscaping maintenance, to the affected owner, as a special assessment. \If this assessment for yard maintenance is not paid within 30 days of receipt, it shall be deemed delinquent, and enforced as provided in Section 9 below. Section 8: Dat~ of Commencement of Annual AssessmentS/Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notfce of the annual assessment shall be sent to every Owner subject'thereto. The due dates 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 assessments on a specified Lot have 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 9: Effect of Nonpavment of AssessmeDts/RemCdies of the Association. Any assessment, whether annual, special, or yard maintenance, not paid within thirty (30) days after the due date shall be subject to a late charge equal to 5% of the amount due, which assessment and late charge shall bear interest from the due date at the rate of twelve percent (12%) per annum. There is hereby imposed on each Lot a lien for all assessments remaining due and unpaid for a period of thirty (30) days after the due date. Such lien shall include the amount ~i. the assessment, late charges, interest, costs and attorney's fees. The Homeowners' Association shall have the right to record a Notice of Lien Claim. Said lien may be foreclosed in the manner provided for the foreclosure of mortgages. The Association may bring action at law against the . 3093403 ' Page: ;' oi' l, 9 86/85/88 12:27P PA,q PF~OP~ TY M~NRGEM[NT C' COUEN ~4.00 K i t. sap Co: $4R Owner personally obligated to pay the same, and foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the. Common Area or abandonment of his Lot. Section 10: Subordination of the Lien to Mortgages. The lien of the assessment provided for herein shall be subordinate"to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However,-the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI USE RESTRICTIONS Section 1: Improvements. No Lot shall be used for any purpose other than for single family residential use or home office as per Bainbridge Island standards. All Lot improvements shall be' of permanent construction. No temporary structure, trailer, garage, outbuilding or other similar device shall be maintained on any Lot except during the construction of permanent property improvements. Any construction, altering, repairing or reconstruction of any structure or improvement shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished withih nine (9) months from the date on which work first commenced. Section 2: Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot within the Property, or any portion thereof, except that dogs, cats, or other common household pets may be kept provided they are not kept, bred or maintained for any commercial purse, and provided further that they are kept under control by their Owners. Section 3: Signs. Except as to signs placed by the Declarant to identify the community, no 'sign, billboard or other advertising structure or device shall be located, placed or maintained on the properties except that a sign not to exceed three (3) square feet in total area may be placed on a Lot to offer the property for sale or rent and individual family name and street address signs. The Association may cause any sign placed upon the Property in violation of this provisions to be-removed. Section 4: Maintenance. Each Lot shall be maintained by the Owner thereof in a neat, clean and sightly condition at all times, and shall be kept free from litter, junk, containers, equipment, . - 3093403 : P age: 8 oF ! 9 · 86/85/98 t2:27P RSS PROPER TY MRNRGEMENT C COVEN $34.88 K i t sap Co,. W8 building materials and other debris. The landscaping for each Lot shall be maintained by the Owner thereof, at all times, according to the standards established in Article V, Section 7 above. All refuse shall be kept in sanitary containers and the containers shall regularly be emptied with the contents thereof disposed of off the Property. -. Section 5: Commercial Activity. No business or commercial activity of any kind, except such home occupation as may be approved by the appropriate governmental authority, shall be conducted on any Lot, with the further exception of the business of the Declarant and the transferees of the Declarant in the development and marketing of all of the Lots. No Lot shall in any way be used for other than residential purposes, provided, that the Declarant and the transferees of the Declarant are permitted to locate an office trailer, and dumpster, in places which they may select on lots, and in the common area, during the course of marketing the plat. Section 6: Yard Sales. No yard sales, garage sales, "flea" markets, or other type sale or similar activities shall be conducted on any Lot or the Property without the express prior written permission of the Board. The Board shall be entitled to permit all such activities subject to such rules and regulations as the Board may impose, including but not limited to frequency, intervals, times, types of items that cannot be included in such sales, areas where the same can be conducted, and signage limitations. Section 7: Nuisances. There shall not be erected on any Lot or portion thereof within the Property, or stored in while or in part on any Lot or portion thereof anything which shall be offensive, noxious, or detrimental to the use of the land in the vicinity to appear unclean, disorderly or untidy. Nor shall any flammable materials, hazardous materials or explosives be stored or maintained on any Lot or portion thereof within the Property. garage is granted an easement to maintain, repair and replace the overhanging eves. ART I CLE VII INSURANCE Section 1. The Common Area own~.d by the Association together with any improvements or other assets of the Association, shall at all times be insured by a policy purchased by the Association to provide coverage in the total amount of not less than $1,000,000.00 , ..... 3093403 P age= S of 1 S ' ' ! 88/85/98 18: P. 7P RAS PROPERTY MANAGEMENT C COUEN S34.88 Kitsap Co, WA for general liability. The Insured under such a policy shall be the Fernbrook Homeowners ' Association. Section 2. The cost of such insurance shall be paid in full by the Association. The premiums shall be properly included in the Annual Assessment levied by the Board of Directors. ~. ARTICLE VIII AMENDMENTS Section 1: Amendments by 'Declarant. So long as Declarant continues to own one or more lots, the Declarant, on the Declarant's signature alone, may file such amendments to the Declaration as are necessary to meet the then requirements of the Federal National Mortgage Associat~n, Veterans Administration, Federal Home Loan Mortgage Corporation, or other agencies, institutions or lenders financing and/or title insuring the purchase of a lot from the Declarant. Section 2: All Other Amendments. Except as provided above, no amendment may be made to this Declaration, or to any Articles herein, without prior approval by vote of the Owners of the Property. Except as provided below, a 60 percent majority of the Owners must vote approval. When such vote has been obtained approving an amendment, the"said amendment shall be made by a written Notice of Amendment executed and acknowledged by the President and Secretary of the Association, and recording same with the Kitsap County Auditor. Any easements for the benefit of the particular Lots affected thereby, and for the benefit of the municipalities and utility companies providing utility services to the Lots of the Property shall not be changed or amended without the written consent of any and all users thereof. Article IV is for the benefit of the OWners, and no changes or amendments may be made to any of the provisions of that Article without the written consent of the owners in fee title (in case title is subject to a real estate contract, the purchaser under the real estate contract shall be deemed to be the Owner of the fee title) of ninety percent (90%) of the members. For purposes of amendment, no -c. onsent to an amendment by an Owner of fee title shall be binding upon the Owner and any successors to the fee title for a period in excess of six (6) months after it is given for the purpose of calculating the required percentage for the adoption of an amendment. Consents GEMEH , - . ' 3093403 Page: 1,t9 o{' 13 eB/85/98 18: P, TP 'COUEN' '$34.0'0' Kitsap Co, ~R required herein shall be in writing and shall be delivered to the Association for tabulation. When such vote has been obtained approving an amendment to this Declaration, then such amendment shall be made as provided in Section 1 above. Said Notice of Amendment shall become effective putomaticallv at the expiration of six (6) months from date of recording, unless a written objection or withdrawal of consent is both filed with the Associa~i0n ~ recorded with the Kitsap County Auditor prior to the expiration of said six (6) month period. ARTICLE IX STORM DRAINAGE AND OPEN SPACE FACILITIES The Declarant establishes the following covenants with respect to the storm drainage and open spac~ facilities installed within the Plat of the Fernbrook, for the benefit of the City of Bainbridge and Fernbrook homeowners: Section 1: Assessment for Regular Repair and Maintenance. If at any time the City reasonably determines that maintenance or repair work is required to be done to the existing, approved storm drainage facilities installed on the property described above (which will mean repair or clean out of the existing system only to the same standards as originally installed and approved), the Director of the Department of Public Works shall give the current owners seven days notice that the City intends to perform such maintenance or repairs, or to have them performed by others. In the event that the open space is not maintained consistent with the Open Space Management Plan, Exhibit "A," the city shall have the right to provide this maintenance thereof and bill the owner accordingly. Such bills shall become delinquent 20 days after the date of mailing and interest shall accrue on and after the date of delinquency at 12% or the rate authorized by statute, whichever is lower. If the.current owners have not completed or are not diligently pursuing the repair of maintenance of the system and it becomes necessary for City to perform the work, the current owners will assume responsibility for the cost of such maintenance or repair and will reimburse the City within thirty days of receipt of the invoice. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City, should any legal action be required to collect such payments, will be borne-.by the parties responsible for said reimbursements. Section 2: Assessment for Emergency Repair and Maintenance. If at any time the City reasonably determines that the existing and 10 ' '. ; 3093403 , .. . P age: 11 of 19 [ 88/85/98 18: 87P RSS PROPERTY MSNRGEMENT C COUEN ~4.88 Kit sap Co, LJ8 approved storm drainage system on the property poses a hazard to life and limb, or endangers property, or adversely affects the safety and operations of a public way, due to failure, damages or non-maintenance of the existing on-site storm system, and that the situation is so adverse as to preclude written notice to said owners, the Director of the Department of Public Works may take the measures necessary to eliminate the hazardous situation (whiCh will mean repair or clean out of the existing system only to the same standards as originally- installed and approved) provided the Director has first made a reasonable effort to locate said owners before acting The current owners will assume responsibility for the cost of such maintenance or repair; and will reimburse the City within thirty days of receipt of the inv~.ice. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City, should any be borne by the parties responsible for said reimbursements. Section 3: ContaGt Person. The owner shall keep the City of Bainbridge Public Works Department informed at all times as to the name, address and telephone number of the contact person responsible for the performance of maintenance or repair work to the storm drainage facilities. Section 4: Roof and Yard Drains. All roof and yard drains must be directed so they do not adversely affect adjacent properties. ARTICLE X GENERAL PROVI S IONS Section 1: Enforcement. The Association, Declarant, or any Owner, shall have the right to enforce, by an proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event by deemed a waiver of the right to do so thereafter. Except for any action against he Declarant, the prevailing party in any action to enforce any provisions thereof shall recover a reasonable cost of searching and abstracting the public record, which sums shall be paid by the unsuccessful party. In the event any action or proceeding is instituted to enfor-c.e, interpret, or modify these covenants or for declarative relief, the prevailing party shall be entitled to the recovery of their costs and attorney's fees. | "I%% ' ' 3'093403 Page: 1.2 of 19 6B/85/98 12: 27P RRS PROPERTY MRHRG~MENT C ' ' ~OUEH i34. ee Kit sap Co, NR Section 2: Effect. The covenants, restrictions, easement : rights, liens and encumbrances herein provided for shall be covenants running with the land and shall be binding upon each and every Lot within the Property and any and all parts thereof, the parties in interest thereto, and their heirs, assigns, personal representatives and successors in interest. Accepting an interest in and to any portion of the Property shall constitute an agreement by any person, firm or corporation accepting such an interest that they and each of them shall be bound by and subject to the provisions hereof. The covenants contained herein shall extend in perpetuity unless and except as modified in accordance with Article XI. Section 3: Severability. In the event that any portion hereof shall be declared to be inva~..id by any court of competent jurisdiction, no other provisions shall be affected thereby and the remaining provisions shall remain in full force and effect. No waiver of the breach of any provision hereof shall constitute a waiver of a subsequent breach of the same provision or of any other provision. No right of action shall occur for or on account of the failure of any person to exercise any right hereunder not for imposing any provision, condition, restriction or covenant which may be unenforceable. Section 4: Annexation. Additional residential property and Common Area may be annexed to the Property with the consent of seventy percent ( 7 0% ) o f the Owners. Section 5: FHA/VA Approval. As long as the Declarant owns any Lot within the Property, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set 9~_.ts hand and seal the .~r~ day of ,~ ~z~v~ , 19 R.A/S. Prop/erty Management Co. ~ ._I.I P r--e.s i d ~n t By: 12 . . 3093403 ' Page: 13 ' 08105/98 18:27P PAR PR~F'FRT~: MANAGEMENT C COUEN ~34 08 Kitsap Co., STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) the R.A.S. Prop~Managment Co., a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath sated that is authorized to execute the said instrument and that the seal\affixed is the corporate seal o f said corporation. WITNESS my hand and official seal hereto affixed the day and year first- .above written. !,~.~;i.~;:";"':...-,,. .~?: ' -.'. =>~" ':4:,~ '-.:.'~ ~ '~. fOr the :'.-> :Z. c:'%'~,~'~-:-: : o ...... - :: ~. s~g~~ : o .... ..,~ : :2 ~. State of Wa c~.~ "'jD~-- : c~ :- Residing at ">:.,L" My co issio _ expires: 7- fF STATE OF WASHINGTON ) ) ss. CO~TY OF KITSAP ) On this ~q~ day of ~~~~ , 19~, before me the undersigned a Notary Public in and for the State of Washington, duly co~issioned and sworn, personally appeared ~[~~FZc ~- ~)')%~'q-~ , to me known to be the Secretary of the R.A.S..Property Mana~ent Co., a Washington corporation, the corporation that executed the foregoing instr~ent, and acknowledged the said instr~ent to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath sated that 5h~- is authorized to execute the said instr~ent and that the seal affixed is the corporate seal of said corporation. year WITNESS my hand and official se_al hereto affixed the day and en. Print Name: ')[Cl.~q .~.F~ ~; ;~- 13 i ' 3093403 ~ , ' Page: 14 of ~ - . ~ 88105/98 12:27P DQC DDADCDTV H~H~,~rFI~HT P CCIL.IEN ~4.0e Kitsap Co., WR NOTARY PUBLIC in and for the State of Washington Residing at My commission expires: I !' I .; 3093403 PaGe: 15 of 8G/85/98 18:87P RSS PROPER TY MRNRGEMENT C COVEN $34.88 K i t sap Co~ W8 14 Office File No.: E- 120423 DESCRIPTION: EXHIBIT ' A' THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 26, TOWNSHIP 25 NORTH, RANGE 2 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 792 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION; RUNNING THENCE NORTH 198 FEET; THENCE WEST-660 FEET, MORE OR LESS, TO THE RIM OF A RAVINE, AS ESTABLISHED BY KITSAP COUNTY SUPERIOR COURT CAUSE NO. 1768; THENCE SOUTHERLY , ALONG THE RIM OF THE RAVINE TO A POINT WEST OF POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING; EXCEPT FERNCLIFF .AVENUE. RAS PROPERTY MAHA'GEMEHT C COVEN $3'4.88 3093403 Page: 1S of 1S 86/85/98 18:87P Kitsap Co, WA EXHIBIT B LEGAL- DESCRIPTION FOR COMMON AREAS FOR THE PLAT OF FERNBROOK The common areas are described as Tracts A, B and C of The Plat of Fembrook. 3093403 Page: 17 of 19 Kit sap Co, 14FI C EXHIBIT ~: TO THE DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS ON THE PLAT OF FERNBROOK. ' FINAL OPEN SPACE MANAGEMENT PLAN 1. MANAGEMENT ENTITY: The management entity is the Fembrook Homeowners Association. The address, telephone .number and authorized representative for the HOA during buildout of the project is as follows: -- REPRESENTATIVE: David Smith, president of the Fembrook Homeowners Assc. ADDRESS: PO Box 1306, Bremerton Wa. 98337 TELEPHONE NUMBER: Office: 360-779-7157 Fax: 360-7795428 2. PROJECT DESCRIPTION: The Fembrook Plat is a 10 lot subdivision with three tracts of open space that are the responsibility of the HOA. TRACT A: This tract is adjacent to Femcliff Ave and lot I of the plat and includes the bioswale, which is an integral part of the plat storm system. TRACT B: This tract is adjacent to Femcliff Ave. And lot 10 of the plat and will act primarily as a vegetative buffer for the plat from Ferncliff Ave. TRACT C: This tract occupies the western portion of the site from the west end of 1ots'5,6, and 7 to the Ravine. There are two areas in tract C: The 50 foot buffer planted with native vegetation and the play area. A copy of the plat map graphically depicting tracts A, B and C is included as part of the OSMP. 3. OPEN SPACE ACTIVITIES: TRACT A: Passive only ( it is the bioswale and heavily planted to act as a buffer for the plat) TRACT B: Passive only ( it is heavily planted to act as a buffer for the plat) TRACT C: In the 50 foot buffer for the ravine passive activities such as birding, walking along a nature trail and so forth are the planned activities. The play area will be for informal active recreation such as kites, and ball sports. The activities listed here are acceptable and the following are examples of probited activities: horseback tiding, operation of motor vehicles (other than a riding lawnmower being used to mow the play area), agricultural activities and livestock or horse grazing. ._. 4. THE FERNBROOK FORMAL WALKING TRAIl. AND THE TRAIL SYSTEM PROPOSED BY BAINBRIDGE FOR THE "RAVINE" If a trail system in the ravine is developed through the City, the formal walking trail, Tract C, shall be extended through the buffer to connect to that trail system. The connection and the trail shall be in accordance with the trail provisions RRS PROPERLY MRNAGEMENT C COVEN $34. 3093403 Page: 18 0f is 88/85/98 18:87F' Kit sap Co, ~4R contained in the Bainbridge Island Trails Master Plan. 5. MAINTENANCE RESPONSIBILIT1F~S OF THE OPEN SPACE BY THE FERNBROOK HOA. The open space tracts will be maintained on a regular basis, at intervals frequently enough, to preserve the planting programs for the functional objectives of each of the tracts. The HOA may decide to make some changes that would be an allowable deviation from the purpose and uses of tract C' s play area as follows: A. A "Pea Patch" would be an allowable use of a portion of the play area B. The construction of a small storage shed for supp6rt of the pea patch is acceptable C. The constructior; of a g-azebo in the play area is acceptable. Fertilization and irrigation for the lawn area shown as informal, active recreation should be maintained at the minimum necessary for its maintenance, as to not have an effect on water quality in the ravine. \ 6. OPEN SPACE USES: All open space are uses and restrictions are to be consistent with this Open Space Management Plan. THE FOLLOWING USES SHALL BE PROHIBITED: DUMPING/STORAGE OF WASTES (TRASH, GARBAGE, ASHES, SAWDUST, LAWN CLIPPINGS) DUMPING/STORAGE OF MATERIALS(TIRES, BRICKS, ROCKS METAL, WIRE, MACHINERY, BUILDING MATERIALS) , STORAGE OF MOTORIZED VEHICLES RESIDENTIAL, COMMERCIAL OR INDUSTRIAL DEVELOPMENT 'l ' 3093403 Page: 19 oxe 19 T R 86105198 12=22P RRS PR MEHT C COUEN ~4.~8 Kitsap C0, ~R ,,TUrt 83 '98 10:07AM CITY OF BAlMBRIDGE FROM FINANCE DEPT CITY' Of P. ~ BAINBRIDGE ISLAND JUN 0 3 !998 DEPT. Of:' PLANNING & assoLtrrzoN No. 9~-s2 ~UNJTY DEVELOPMENT A P-ESOL~TION' of the City af Bajnbridge Island, Washington, appmving the Fernbrook Subdivision p~lim~n=ry pl~t (SU~06-12-97-1). WHEREAS, on J'uz~ 12, 1997, a pfelimin.,fy plat application was submi,~ !s~ ~ ~,q3ctty Devclopm~t Co. to the Department of Plann~g and Community Devdopmmu; and, ~, tJxe prefiminvy pint application LS mabmilzed m ttcveJop a plat d 10 sha~e ~mi~ resi~kial lot~ on th~ ac~ of real propcRy south of Klickitnt Avcnuc mad on the m~e~t ~ ot];ernclj~f · Avontin; and, WHEREAS, the P!'nniq8 Delmtm~t tcvicw~ and forwarded its recem~~o*(s) for approval to tlz Hcanng E-smlner, szld, WJ~RF.,~, on ~bcr 19, 1997, thc I-kafing E.~ml,,~r cond'~t~d a public heedqe on the prelimlnm,7 pht upon proper notice; and, WHEREAS, on ~ 6, 1997, the Hearing E~min~r ttcommen,Md comiititmal approval of thc prcliminazy plat application and cnt~xvd a repo~ Findlq~ of Fact, Conclusion ~Law and gecommend~ons; now, therefore, THE CITY' COUNCIL OF THE CITY OF BM24BRIDGE ISLAND, W~G'I~N, DOES KESOLVE AS FOr z OWS: S_egtima_A., Thg City Cmmgt upholds the Octol~ 6, 1997, Fi~i~ ~F~ epcb~o~ ~hw S~firm_2. The proposed subdivision is ia coA/omiW with th~ ztmi'nB ordi,,-,~e. the comprehensive plan, tim subdivision reStclarions and mbdivlslon p+~,,4Q,da, and all oth~ ai~licable land use ordinanm and app]icg~M star= law in eft'oct at the tint= of prcliminaz7 plat apptmat. S~c~ion 3. The fimma plat ofFend}rook shatl state on its face titat it is mabjcct to tIM conditions of approval set forth in th~ rcsolution. PASSED by the City Cmmcil of the City of Bzinbridgc bland, Wu~n, this 6m d~y of November 1'997. APPROVI~ by th~ Mayor this a0m day of Nov~mba, 199~. ~,~-~..~.~.d}(D, H'~<4~--.- ANDREW W. ~vtARON, Mayor ATr~;ST/A~NTICATE: SUSAN P. ~.~SPER, Ci~ Clerk Post. it* Fax Note 'Co./i~.p,. Phone # 'Fa~ # ., 7671 _ 'F~# ATTACHMENT C Ju~g 0~ '98 10:08AM CITY OF BAlMBRIDGE Fn.~r~ WITH TH~ CrFY CLERK: PASSF:D BY TH~ CITY COUNCIL: RESOLUTION NO. 97-32 {'k-t,o--r 10, 1997 Novcxnber 6, 1997 ATTACH[XIENT D ' ' THE PLAT OF _FERNBB 0 OK =A PORTION OF THE SE 1/4, OF THE NW 1/4, SECTION 26, T 25 N, R 2 E, W.M. KITSAP COUNTY, WASHINGTON 23 SURVEYOR'S CERTIFICATE LEGAL DESCRIP..iE...~._Q~ GRAPHIC SCALE o 2f~ ~ lO0 inch - 0 fL THE PLAT OF FERNBR 0 OK A PORTION OF THE SE 1/4, OF THE NW 1/4, SECTION 26, T 25 N, R 2 E, W.M. KITSAP COUNTY, WASHINGTON NOTE5 I~AL !,.~'1I, THIS SUIfi{T ME:L'T~ WG T~ ~ ~T (~i~ EASEMENT RESERVATIONS I c..,~'l ~Ao,u'Z l" ~o~ t. o~,~ j c1 25,00' 26.57' 80'53'47' C2 .,1.5,00'25.30'32'12'31' C3 4,5,00'44.1.4.'5612'00' C~. ~5.00' 75.58' 9613'35' C5 45,00' 6,35' 8'05'05' C5 45,00' 62.84' 80'00'4,1" C7 45.00' 4,01' 5136'01 ' C8 25.00' 16.12' 36'56'04' CITY OF BAINBRIDGE ISLA. ND '~,','" 19~;' DEPT. OF PLANNING & COMMUNIVY DEVELGFMENT CITY OF BAINBRIDGE ISLAND ?tAT J., !998 DEPT-OF PLANNING & COMMUNITY DEVELOPMENT THE PLAT OF FERNBR 0 OK h PORTION OF THE 'SE 1/4, OF THE NW 1/4, SECTION 26, T 25 N, R 2 E, W.M, KITSAP COUNTY, DEDICATION KNOW ALL urr..N BY THEf~E PR~SiD, IT 11-1AT RANDOLE, ALLrXAND~:R AND Sti ll'I PROF~Pf MAHAG[J/F_NT COMPANY. H~Y 0(CLA,q~ TI-I5 RAT r0 TI.,E USE OF 1hE PUBUC R:~',D~ A/,.L STRE:LrT, ROADS, A/~ EAStEMEN~; SHOVel ON PLAT AND I'HE:~EOF FCI~ ANT AND ALL PUEIJC F~IRPOS[~. NOT INCONSiSTD,IT ~11-1 THIE USE TH[R'ECF FO~ PUBLIC HICHWAY PURPOSES; ALSO TH~ RIGHT TO uAKE ALL NECESSARY SLOI:~S FaR OJ'i~ AH0 FIU. S LIPON THE LOTS SHO'v/N ON THIS PLAT tN THE: REASONABLE ORIC|NAL GRADING OF ALL THE SIRE[TS ANO ROAOS SHOWN HERE- OH;, ALSO 11-1E RIGHT TO DI~A/N ALL STRLq~TS, ROADS ANO .E.A.SEMENIS ~ AND ACROSS ANY LOT OR LOFj WHERE 'R..tE STOI:~M WA1[R RUN IS IN NA'I1JRAL DRAINAGE: AF'Ec'R THE STRE:[T OR STREETS AR~ Gi~AOrcD. DIMENSK:XNS AND USES OF ALL LOTS E~BRAC~D IN n.41S PLAT AR~ SUB, E:CT TO AND SHALL I~: IN CONF'ORMITf R IMTH THE arY OF BANBRIOC~ ISLAm0 ORDINANCE No, g3-2& 114( OV&IERS HEREOF, AND THE] SUCI:TLSSORS ANO ASSIGHS, t..t:~EBY WA,R,~: ALL (].AIMS FOR DAMACES AGAINST ANY GOVr,.RNMENTAL AUTHORITY ARfSING FROM THE CON':;TRUC11ON AND MAINTI-2.{ANC~E OF PU/tJC FAC3UI~ES AND ~UB. JC PROPE. RTY V~THIN THIS PLAT. tN V~TNESS WNEREOF ~ HAV~ N~R~O SET uY NANO ANo S~AL mlS DAY BY:. DAVe R.A. S~ITI.t eY: TITLE I:~ESIDI~IT tiTLE R.A_.~ P~OPD~TY MA~Ct:~T ClX4PANY, INC.LAND tiTLE CCI,eANY C~c k'ITSAP CCUNTT WASHINGTON R ESIARJC TION S i H0U[OV~e~ ASSOOAn0N AND ~0]~C11V~ COY[NAN/5, C0N01110~.S, A,N0 ~l'R~I10HS HAS E~ ESTABLLSHEO TO ENSURE PERPETUAL MNNTI)IANC~: G~' PRIYATE STORM 13P, AI~AC~: FAOUTIES, REC3~AT~ONAL FAQU fiES AHD COMMal, I 0Pe~ 5t~AC~ A5 R[:OC)RI:)rcD LIN0~ AU01TOR'S RLE NO. APPROVALS; APPROVED ~]Y THE DIRECTOR OF PLANNING AND COMMUNITY DEV~LO PEM ENT Tt~IS DAY OF , 19~ , BAINBRIDC_,E: ISLAND APPROV~D BY THE BREMERTON-KITSAP COUNTY HEALTH OEPARTIJENT THIS ' DAY OF , 19__, A.D ACKNOWL~DGEMENT5 DIRECTOR OF HEALTH, BREMERTON-KITSAP HEALTH DEPARTMENT STATE OF WASHINGTON /55 COUNTT OF KITSAP ) THIS IS TO CERtiFY THAT ON THE DAY OF 19__. A.D.. BEFORE uE, THE UNDERgGNED, A NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON DULY COMMISSIONED AND SWORN. P'ERSONAI IY APPEARED OAVIO R.A, '9~'1. TO ME KNOWN TO BE: THE PRESIO~:NT OF RANOOf, E. ALEXANDER, AHO SI,aTH PR{:)I:~TY MARA~ENT CO&IPANY, INC., 'n4Ar E:X[CUED THE FORE:GOING AND ACKNOWLEDC~:D SAID DEDICATION TO BE HIS FREE AND VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENtiONED. 1N WITNESS WHERE:OF, I HAVE HEREUNTO SET MY HANO AN[) OFF1C1AL SEAL THE DAY AND YEAR F'IRST ABOVE: WRITTEN. NOTARY PUBUC IN AND FOR THE STATE: OF WASHINGTON. RESIDING AT: STATE OF WASHINGTON ) COUNT"( OF KIrSAP t THIS IS TO ClL'I~T1FT THAT ON THE UNDERSJGNED, A NOTARY PUBJJC IN AND rO~ THE '3TAT~ OF WASHINGTON DULY COMMISSIONED AND SWORN. PJ~q~S(:)NALLY APPEARED ______ TO ME KNOWN TO BE THE OF LAJNO T]TL~ COMPANY OF KITgAP COUNTY, ThAT EXECUTED 1~E FOREC, OINC DEDICAI'ION AND ACKNOWLE, DC, ED SAID 0EDICAI1ON TO BEFREE AND VOLUNTARY ACT AND DEED FOR TNE USES AND PURPOSES THEREIN IN I~TNESS WNEREC)F. I HAVe, NERE3JNTO SET ~4Y HANO AN[~ OFF1CIAL SEAL ~"fE OAT AND Y~A~ RRST ABOVe: wRI 1~EN, .... NOTARY PUBUC IN AND FUR DE WASHINGTON, RESJDING AT: APPROVED BY mE OTY ENG1NEER THIS ~ DAY OF ~ 19 , A.D. CSTY ENGINErr_,R, gT'f OF BAINBRIDC, E ISLAND APPROV~D BY .'THE CITY COUNCIL OF 8AINBRIDCE ISLAND THIS __ OAY OF 19 . A.D. MAYOR, CJff OF BAINBRIDGE ISLAND COUNTY TJ~EASUR_B_ER'S CERTIFICATE t, TREASURER OF KITSAP COUNTY, WASHINCTON, HEREBY CER'RFY 'HAT ALL TAXES ON 'HE ABOVE: PROPERTY ARE FULLY PAll:) UP TO AND iNCLUDING TNE Y~ 19 AD. .ITSAP COUNTY '~EASURER FLL~ N G~,S~R T~ F~ f lLFD FOR PECORD AT n~E ~EQUEST ,OF ON ~g AT MINUTES PAST_ AND RECORDED IN VOLUME OF PLATS, PAGE ........RFCORDS OF KFTSAP COUNTY. WLSHINGTON. r%t~y 2,5 7 MA:3, L t't:~ · :ITSAP COUNh' AUDITOR ATTL~T: " ~b"~:f ' .......... ,, , LOT 15 THE PLAT OF FERNBRO_OK · ' '/4 R ON OF THE SE 1 , OF THE NW , SECTION 26, T 25 N, R 2 E, W.M. KITSAP COUNTY, WASHINGTON SURVEYOR'.S CFRTIFICATE I A,C, 8A115TA REQSTERt~ AS A I.A/~O SURVEYI~ BY THE "3TATE OF WA,~IINOTON, CERTIFY THAT THIS PLAT 15 BA~E:D OH N,,I ACI'UAL SURVEY OF THE LAND D~BE:D THAT TIE; DIS'TANCF.. COURSES. AI~ ANOLES ARE $HO~ - THERE. ON CORRECTLY. ANO THAT MONUMENTS OTHER THAN THOSE MONUMENTS APPROVED FOR SLrT'TING AT A LATER DATE: HAVE: BEig~ SLrl' AND LOT CORNERg STAKED ON THE GROU!~) AS DEFqCTED ON THE PLAT. A.C. BATI~TA RECIS'TE"It~D LAND SURV~ CER'flFIOATE No- 20620 LOT 1¢ LEGAL DESCRIPTION '!HAT PC~110N OF THE SCUTI.rr_AST QU~TD~ OF THE N4~1Hlf..ST OUAR"II~R. SEC110N 26. TOIiN~J.-IP 25 NOR114. RAN6E 2 EAST. W~.. IN lOTSAP C(XNTY, WA.SHNGTCN. DE:~OtiBE:D AS F(Xl.,OW~ BECI, NI'4G AT A PONT 792 FET NCR1H OF ~ ~)UIHEA~i ~ OF 1HE SOUTH HN.F OF 1HE CUA.~TER OF SA/D SECtiON; RUNlING 'fl{:N(I NOR1H 198 FEET: 11.ENC[ WEST 660 FET, MORE OR LESS, TO 11{ RIM CF A RA~NF_., AS E~ABt. I';J,E~ BY Id~ CCINTY SIJEItlOR COURT CAUSE NO, 1768; 11.ENCE SOUll. lERLY ALONG 11.1E RIM OF 11..IE RA',qNE TO A POINT WLS'T OF P(XNT OF BEGNNING: 114E:NCE EAST TQ 1HE POINT OF' BECNNIHQ GRAPHIC SCALE 0 25 50 I00 J~j i -., - (~) I inch = 50 f~ / 1HE PLAT OF W~ISU:)i LANDING ~ REC'ORDED ~R A.F.N. 9109100112 LOT 13 LOT 12 LOT 11 . LOT 9 LOT 6 . 88'42~/4" Ec i33.72' o ~ ~ 7f~ . 90.00' O ~ 7 ; ~[ ~' 5O, O6' . .~ ' ' ."'~ .'7' ........ w88'2gh~0 %. "2Tra' ~- w \ BAM~IEE ISLAN0. WA 98110 'eN~PONT WAY VlCINITY MAP S26. T25N,, R2E. W.M,. LEGEND C.03J. - OITY OF BAJNBRIDGE ISLAND (~ FCXJND ~:JECTIC)N cJUBO IV1SiON MONUMENT ~ SET C.O.B,L MONUMENT AT PLAT CORNER 0 SET 3/4' I.P. W/L.~. PLUG 0 LOT COR. 'E)' SET C.O.B.I. MONUME. NT IN CONC. IN PVldT. 0 CL OF ROAD $1 '~ iAPRL 1997) Or SECTIOq, ii i [C:\WINDOWS\TEMP\~LF30001.BMP] THE PLAT OF FERNBROOK A PORTION OF THE SE 1/4, OF THE NW 1/4, SECTION 26, T 25 N, R 2 E, W.M. KITSAP COUNTY, WASHINGTON NOTES ~, ALL LOTS ARE OBLJQAII~) TO ~ ROAD I}~AI~A~E AT ~ NATURAL LOdA'IIONS AFI[R THE GRAL~NGGFTI.E~ISCCAa:q._rlT, NSN~DUAL LOiS 3. ~E)IT LqJST filET RE~UIR!gIENI~ OF ~ IS~ OF BAt4BR[)~ ~ iI.INiCiPAL 4, THIS SORV~Y IIEZ]~ MININfi.~ Rf~C~JIRF. IiD,,IT 5TANDAJ~S PER WAC 5. RE1D ~ A~~ RVNMNG (X~'fK'O. TRA,w~ AND RAmAL STAKE ~ Nl14 A 'fl. IREIE 9ECOND THIEOOOUTE. ILD~. A/~ CAUBRAI'~ ~ kiSASi.tR- raNG TAPE. 6, ALL RO0~ AND TARO ORAIN~ MU~9' BE I)ECTt'D ~0 A.~ TO NOT ADVER~EI.Y AFFEG'9' 7, Tl.{ MAINIrr~AN~ OF ON-LOT ROOF ~ YARD DRAINS AND ~AIED PPING AND APPUR'1"E~A.,NCI~) '[~J..IALL BE THE ~~$UTY OF' tNQiV~DUAL HOMEO'M, IERS. 1 I. 1RACT "A" LS NE:]ttgiY OONV[YE~ 1"0 THE CITY OF BAII~tNt'(X;E ISLAND FOR OVI, IE:I;I~P AND ~ Cf 1HE 51'O~'rE:R MANAGt~IBI"T FACILITY. i2. I'~ACT Y IS F,[~:BY CON'~"'fE:D TO 'II..IE C~TY OF' BNN!~aOGE I~LANO FOR i:)'llf:i~jl~P AND MAINIE:NANCE OF ~ STORMWAI[R MAN,ACI-~.{:NT FACB.rI"Y. 13. ~ "C' ~ I. Im'BY Ca, I',,LrYED TO TIE HOME(W,'NER~ A..,~,Z3(;~11(~ ~ rl~ USE B Fl.Utll. ER ~ PATH I,EADg41~ ~ ~ 0P!a~ SP/Z~ SHALL ~ RAVB) I'IH A,qaH/~.T OR lIE CeNC~'IE ANO 1HIE FOq~& PA.,~h~ rr.C~ATDI WALJaNG ~RAL ~,q/. BE ~ trm A 5CRr.~CE 0F CRUSHa) ROCK 18, FER~ FIgniChES, ~ AND latr, A'li~4 OF 11{ I..,Awt ,,U~:A ~H0m4 AS NraN/4,. ACT1VE D6qlaCT $0 AS NOT TD HAVE AN AD4ERc.~: AITECT GN W~T~ QUALITY, PREC,W'n0NS A'~ W~a~q 'tO XVOe m,'ST DISStuNS. (sernm ~6.ce.o,m. aMC) 1~I.,515.,~0 ~,t,IJ.. BE P/dD AT 1HE: 'IlldE OF BUt[llC PE11MT 15'~UAN(~ (ORD. (c:tFg'nQ ~ TO RICHT ~ WAY 01HER ~ 15 FEET BU!.~4NG TO 11~AN.. ~ SPACE Idlt, al/'dM IO ~ 'SE"FBAC]( ~ To EXTE~O~ m'I'YA..OT muL~ 15 ~ FASFMENT RE-qFRVAT!ONS THE U~GND HEREBY GRAH"I'~,. CONVEY~ AND C~JIT CLAIMS TO PUGLrl' ¢JOUND ENERGY COMPANY,. U.S. WE:ST. . CiTY OF' BAINBRIDGE rSLANO. TI-IE ~ HOMEOV&IE:RS ASSOCIATION, AND ANY CABLE: TIg..EVIS1ON AND ~ 11..IE 'I0' UTILrlIE~ AND MNNIE)IANC[ EA..~EMENI'* AD,~CI:NT TO THE PUBUC RO,~WAY ON E.~H i.;OT I~ THE ~ 0= IN~,M, LAlla~ ~, CON~TRUC11ON. R~N~WAL, 04:~RA~ U'~ AND MAINTENANCE: OF UNDERGROUND GON[XX~ ~ PFE1.Jt~ ~ ~ TOOE]H~ ~l'fl-I TI~ kE(:~"e~f FAGI[.I'IZ~ ANO O1HER FQUIo- MENT A/aPtJRTENANT THEIr'TO, FOR 'THE PUlaoC)SE OF PROVIDING SERVIGE TO THE ~ PtAT OP FE~BRGIX WITH ELE:GTR~ WA'fi~ TE1.EPHOI~ DRNNAQF.., ~ AND 'G/4aLE (f FERNBR(X~ TO FAOU'rATE 1HE PU!t~OSE~ trot' F'ORTH HERON, TO THE ~ I~Ju~NAi~IZ Alt PRACTICA~ ANY ~JCH U11UTY 9tALL B[ !tEQUt~D. AS A CONi~'IION OF THE EASD4ENT GRANll[:D HERfiN TO ~ THE EASEMENT AREAS FOLLOV~NG ACll'~TY. wrnaN THE 90' U'I1LI11ES AND MAIN11ENANCE EASEMENT' NO STRUC~ PLANT~C OR 01HER MATErnAL ~HALL BE PLACED Oe PER~TTED TO RDIAN W~CH MAt' DAMA(~: E'~"'TING FACI.JTIES OR IN~ MTH THE PURPO~:: HE]tE]kl STATED, CURVF' TARI F CI 25,00' 26.57' 60'53'4.7" C2 45.00' 25.30' 329 2'31 ' C3 45.00' 44.14' 56 9 2'00' 04 45.00' 75.58' 969 C5 45.00' 6,35' 8'05'05' C6 45.00' 62.84-' 80'00'4.1" C7 4-5.00' 4..01' 5'06'01" CB 25.00' 16.12' 36'56'04"' THE PLAT 0 F FE R NB R 0 0 K A POR~ON OF THE BE 1/4, OF THE NW 1/4, SEC'RON 26, T 25 N, R 2 E, W.M. KITSAP COUNTY, WASHINGTON DEDICATION KNOW ALL MEN BY THESE ~T THAT RANDOLF, ALEXANDE~ AND SMITH PROPERTY MANAGEMENT COMPANY, INC., A CAIJFORNIA CORPORATION, AND LAND TIE COMPANY OF KITSAP COUN'I'Y, OINER"S IN FEE SIMPLE OF 'IHE LAND PLATTED Fi~tF_.BY DECLARE THIS PLAT AND I:)EDICA11~ TO THE USE OF 11..IE PUBLIC FOREVe~ ALL S'TRET, ROADS. AND EASEMENTS 9.10'le, I ON THE PLAT ~ THEREOF FOR ANY AND ALL PUBUC PURPOSES, NOT INCONSISTENT 1111.1 THE U~ 11..EREOF FOR PUBLIC HIGHWAY PURPOSE'S~ ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND fiLLS UPON THE LOTS SH011~I ON THIS PLAT IN THE REASONABLE ORI(~',IAL GRADING OF ALL THE S1REETS AND ROADS SHOWN HERE- ON: ALSO THE RIGHT TO DRAIN ALL STREETS. ROADS AND EASEMENTS OVER AND ACROSS ANY LOT OR LOTS WItERE THE STORM WA'I'E~ RUN IS IN NATURAL DRAINAGE AFTER THE STREET OR STREETS ARE GRADED. DIMENSIONS AND USES OF AlL LOTS EMBRACED IN THIS PLAT ARE SUBJECT TO AND SHALL BE IN CONFORMITY iITH 11-1E CITY OF BAINBRIDGE ISLAND ORDINANCE No. 93--28. THE OIINERS HEREOF'. AND THEIR SUCCESSORS AND ASSIGNS. HE~FRY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORIIY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBUC FACIUTIES AND PUBUC PROPERTY MTHIN THIS PLAT. IN ltTNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL THIS DAY OF · 19 . A.D. BY: DAVID R.A. Si4ri'H TITLE: PRESIDENT R,A.S. PROPER'P{ MANAGEMIg',rl' COMPANY, INC_,. BY: 11TLE: LAND TI'i1.E COMPANY OF KITSAP COUNTY RESTRICTIONS A H01iE0'&NERS ASS0ClA'I10N AND PROEC11VE COVENAN'IS. ~11(}NS, AND RES111C'I10NS HAS BEDI ESTABUSHED TO ENSURF_ FFr. RPETUAL MAINTENANCE OF PRIVATE STORM DRAiNAGE: FACIUTIES, REC!tEAllONAL FACILrI1E'..; AND COMMON OP!9,1 SPACE AS RECORDED UNDER AUDITOR'S FILE NO. APPROVALS APPROVED BY THE DIRECTOR OF PLANNING AND COMMUNITY DEVELOPEMENT THIS__ DAY OF _ .19__, A.D. DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT, CITY OF RAINBRIDGE ISLAND APPROVED BY THE BR~MERTON-KITSAP COUNTY HEALTH DEPARTMENT THIS - DAY OF ~ , 19.___, A.D. ACKNOWLJ~DCEMENTS STATE OF WASHINGTON ) COUNTY OF KITSAP : THIS iS TO CERTIFY THAT ON THE DAY OF (g__, A.D.. BEFORE ME, THE UNDERSIGNED. A NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON DULY COMMISSIONED AND SWORN. PERSONALLY APPEARED DAVID R.A. SMITH, TO NE KNOWN TO BE THE PRESIDENT OF RANDOff'. ALEXANDER, AND SMITH PROPERTY MANAGEMENT COMPANY, INC., THAT EXECUTED THE FOREGOINC DEDICATION AND ACK, NOWLEDGE'D SAID 'DEDICATION TO BE HIS FREE AND VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THBtEIN MENTIONED. IN WITNESS VW, IEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL THE DAY AND YEAR RRST ABOVE WRITTEN. NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT: STA~E OF WASHINGTON I SS COUNTY OF KITSAP ) THIS IS TO CER]~FY THAT ON THE DAY OF 19 , A.D., BEFORE ME. THE UNDER~GNED, A NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED TO ME KNOWN TO BE THE OF LAND TITLE COMPANY OF K1TSAP COUNTY. THAT EXECUTED THE FOREGOING DEDICATION AND ACKNOWLEDGED SAID DEDICATION TO BE FREE AND VOLUNTARY ACT AND DEED FOR THE USES AND PURP~S THEREIN MENTIONED. IN WITNESS WHEREOF. I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL THE DAY AND YEAR RRST ABOVE WRITTEN. NOTARY PUBUC ,IN AND FOR THE STATE OF WASHINGTON. RESIDING AT: DIRECTOR OF HEALTH. BREMERTON-KITSAP HEALTH DEPARTMENT APPROVED BY THE CiTY ENGINEER THIS 19 , A.D. DAY OF CITY ENGINEER, CiTY OF BAINBRiDO E ISLAND APPROVED BY THE CITY COUNCIL OF BAINBRIDGIE ISLAND THIS __ 19 _, A,D, DAY OF MAYOR. CITY OF RAINBRIDGE ISLAND COUNTY, T'RFASURER'5 CFRTIFICATE I, TREASURER OF KITSAP COUNTY, WASHINGI:ONo HEREBY CER~FY THAT ALL TAXES ON THE ABOVE PROPERTY ARE FUt.LY PAID UP TO AND INCLUDING THE YEAR 19~, A.D. KiTSAP COUNTY TREASURER [.JLING CFRTIFICAT__~ FlED FOR RECORD AT THE REQUEST OF ON . 19__. AT MINUTES PAST .... AND REC'ORDED IN VOLUME PLATS, PAGE , RECORDS OF KITSAP COUNTY. WASHINGTON. oF KITSAP COUNTY AUDITOR ATTEST: DEPUTY , .