Section 8.2 Sensitive Area Tract. Dedication of a sensitive area tract conveys to the public a beneficial interest in the land within the sensitive area tract. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety, and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract imposes upon all present and future owners and occupiers of the land subject to the tract the obligation, enforceable on behalf of the public by City of Kent, to leave undisturbed all trees and other vegetation within the tract and buffer. The vegetation within the tract and buffer may not be cut, pruned, covered by fill, removed, or damaged without approval in writing from the City. No building foundations, structures, fill, or obstructions (including but not limited to outbuildings and overhangs) are allowed within fifteen (15) feet of the sensitive area tract boundary unless approved by the City.

The City reserves the right to install public underground utilities within the sensitive area tract and to enter and perform drainage system maintenance. The City is required to restore or enhance the sensitive areas disturbed upon completion of the underground construction and/or drainage system maintenance. The City also reserves the right to enhance the sensitive area tract or easement via planting native vegetation and removing non-native or invasive vegetation.

 

Section 8.3 General Utility Easements. Upon recording of the Map, easements were reserved for and granted to the Puget Sound Energy, Inc., any telephone company, any cable television company, Soos Creek Water & Sewer District, and King County Water District #111 and their respective successors and assigns under and upon the exterior ten (10) feet parallel with and adjoining the street frontage of all Units, Tracts, and spaces within the Real Property, in which to construct, operate, maintain, repair, replace, and enlarge underground pipes, conduits, cables, wires, water meters, and fire hydrants with all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of serving the Real Property and other property with electric, telephone, gas, and other utility service, together with the right to enter upon the Units, Tracts and spaces at all times for the purpose herein stated. These utility easements entered upon for these purposes shall be restored as near as possible to their original condition. No lines or wires for transmission of electric current or for telephone use or cable television shall be placed or permitted to be placed upon any Unit or Tract unless the same shall be underground or in conduit attached to a building.

 

Section 8.4 City of Kent Easement Reservations. All public easements shown on the Map shall be for municipal purposes in favor of the City of Kent. Said easements are to be used for the benefit of the entire Plat Community and for the purpose of serving other properties. All easements in favor of the City shall take precedence over any other easement created by the Map.

The Owners and Association shall not construct or erect any structures or place any fill within the public easement areas. Nor shall they make any excavation within three (3) feet of the easements. The City of Kent reserves the right to remove obstructions without notice, and the owners of property adjacent to such obstruction shall be liable for all costs incurred by the City for the removal thereof.

Additionally, whenever it deems necessary, the City shall have the right to enter upon public easements to extend, construct, repair, alter, maintain, or reconstruct the utilities that lay within said easements. The City shall also have the right, whenever it deems necessary, to construct a hard surface road upon the easements. The City also has the right to use the area immediately adjacent to a public easement as required for construction, reconstruction, maintenance, and operation of the utility. The City shall hold its use of those adjacent areas to a reasonable minimum and shall return them to the conditions existing immediately before the City or its agents entered upon the property.

 

Section 8.5 Private Drainage Easement. The private storm drainage easement across Units 12 through 19 is for the use of Units 12 through 19 for storm drainage purposes. The easement shall be maintained by the Owners of those Units encumbered.

 

Section 8.6 Storm Facility Maintenance Covenant. All Units and Tracts, except Tract C, are subject to the stormwater facility maintenance covenant recorded under King County recording number 20180712000437. Consult that document for more detail.

 

Section 8.7 Water and Sewer Easements. Upon recording of the Map, the water and sewer easements shown on the Map were granted to Soos Creek Water & Sewer District for installation, operation, and maintenance of water and sewer lines.

 

Section 8.8 Temporary Turnaround Easement. A fifty (50) foot temporary public cul-de- sac easement shall terminate upon completion of future improvements that extend the road west and acceptance of those improvements by the City.

 

Section 8.9 Decorative Entries Prohibited in Street. Decorative-type entries, whether for beautification or advertisement of the Plat Community. shall not under any circumstances be placed in public rights of way. The responsibility of maintenance and liability shall be borne by Declarant and/or their assigns.

 

Section 8.10 Street Light Costs. Per the Map, the Association is required to pay for the street lighting system. The electricity expenses of such system shall be paid to Puget Sound Energy or its successors or assigns.