Chapter 17.08 SUBDIVISIONS

(1) Official filing of an application for subdivision with the director shall be preceded by a preliminary review of the proposed subdivision by the planning director and the town engineer.

(2) Following the review, the subdivider shall submit an application to the planning director. A subdivider shall submit with the application 15 copies of a preliminary plat showing preliminary plans for streets and other improvements including but not limited to water lines, sewer lines, and drainage. Unless the subdivider requests otherwise, at the time of application the application will be processed simultaneously with applications for rezones of a planned unit development upon the property to be subdivided.

(3) Applications shall be processed according to the procedures set forth in Chapter 19.68 CMC, Land Use Permit Process, and the additional procedures established in this article.

(4) A preliminary plat shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from date of filing unless the applicant consents to an extension of the time period. If an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time required for environmental review. [Ord. 428 § 16.08.016, 1998]

17.08.020 Content of plat.

(1) Every preliminary plat shall consist of one or more maps together with written data including the following:

(a) The name of the proposed subdivision;

(b) North point and scale; the location of existing property lines; streets, building, if any; watercourses and all general features;

(d) The names and addresses of all persons, firms and corporations holding interest in the lands, including easement rights and interest;

(e) The proposed names, locations, widths and other dimensions of proposed streets, alleys, easements, parks, lots, building lines, if any, and all other information necessary to interpret the plat, including the location of existing utility and access easements which are to remain;

(f) The location of streets in adjoining plats and the approximate location of adjoining utilities and proposed extensions into the plat;

(g) The names of adjoining plats;

(h) The name, address and telephone number and seal of the registered land surveyor who made the survey or under whose supervision it was made;

(i) The date of the survey;

(j) All existing monuments and markers located by the survey;

(k) The zoning classification applicable to the land within the subdivision;

(l) The conditions of or the limitations on dedications, if any, including slope rights;

(m) Contour intervals as required, based upon town datum.

(2) Any plat submitted that covers only a part of the subdivider’s tract shall be accompanied by a sketch showing the proposed future street system in the remainder of the tract so that the street layout of the tract may be considered as a whole.

(3) The plat shall comply with the technical requirements of Articles V and VI of this chapter. [Ord. 428 § 16.08.020, 1998]

17.08.022 Distribution of preliminary plans.

If the director determines that the subdivider has met all the application requirements for the preliminary plat and that the preliminary plat contains sufficient elements and data to furnish a basis for its approval or disapproval, the director shall affix a file number and date of receipt to the application and promptly forward three copies of the plat to the town engineer. The director shall also forward a copy of the preliminary plat to each of the following:

(1) Skagit County health department;

(2) Puget Power;

(3) Public works department;

(4) Chief, fire department;

(5) Skagit County sheriff’s department;

(6) Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the Secretary of Transportation. The transportation authority shall respond within 15 days as to the effect that the proposed subdivision will have on the state highway or the state or municipal airport; who shall review the preliminary plat and, within 30 days, furnish the director with a report as to the effect of the proposed subdivision upon the public health, safety, and general welfare, and containing their recommendations for approval or disapproval of the preliminary plat. The reports of the town engineer shall also include a recommendation as to the extent and type of improvements to be provided in dedicated areas and a preliminary estimate of the cost of these improvements. [Ord. 428 § 16.08.022, 1998]

17.08.024 Planning director review.

The planning director shall review the preliminary plat for conformance with the minimum standards of this chapter and the comprehensive plan; consider all comments submitted by affected agencies and recommend approval on condition or disapproval in a report submitted to the town council. The planning director recommendations made by the planning director shall be based on written findings of fact. The final recommendation of the planning director shall be forwarded to the town council prior to its following meeting at which a public hearing shall be held on the preliminary plat. Notification of the public hearing shall be given in accordance with this title. [Ord. 428 § 16.08.024, 1998]

17.08.026 Council review.

Pursuant to Chapter 58.17 RCW, upon receipt of the planning director’s recommendations, the town council shall at its next public meeting conduct a public hearing after which it may adopt or reject the recommendations. If after hearing the matter, the town council determines that a change is necessary in the planning director’s or the town engineer’s recommendation, it shall adopt its own recommendations and approve or disapprove the preliminary plat. The town council’s decision shall clearly state any conditions of approval imposed, including dedications and the construction of protective improvements. Town council final action shall be based on written findings of fact. If the preliminary plat is approved, the decision shall include a written finding of fact that the proposed subdivision is in conformity with the applicable provisions of this title. [Ord. 428 § 16.08.026, 1998]

17.08.028 Effect of preliminary plat approval.

(1) Approval of the preliminary plat shall constitute authorization for the subdivider to develop the subdivision facilities and improvements as required in the approved preliminary plat upon issuance of the final plat. Development shall be in strict accordance with the plans and specifications as prepared or approved by the town engineer and subject to any conditions imposed by the town council.

(2) No subdivision requirements which become effective after the approval of a preliminary plat for a subdivision shall apply to such subdivision unless the town council determines that a change in conditions created a serious threat to the public health or safety.

(3) Preliminary plat approval is valid for three years. [Ord. 428 § 16.08.028, 1998]

Article II. Preliminary Plat Consideration

17.08.050 Topographical and surface hazards – Protective improvements.

Land having topographical or subsurface conditions hazardous to the health, safety or general welfare of persons or property in or near a proposed subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazards or unless land subject to the hazard is restricted to uses which will not expose persons or property to the hazard. Protective improvements consistent with the standards established in Article VI shall be constructed, prior to final plat approval unless a performance bond acceptable to the town engineer and town council is filed in lieu of the improvements. [Ord. 428 § 16.08.050, 1998]

17.08.052 Dedications required.

(1) Every subdivision shall include adequate provision for dedication of drainage-ways, streets, alleys, easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.

(2) Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the town.

(3) Convenient pedestrian and vehicular access to every lot by way of a dedicated street or permanent appurtenant easement shall be provided. Access from a dedicated street shall be required, unless the town engineer determines that the following conditions exist, and permits access by a permanent private easement:

(a) Access by easement would not compromise the goals of CMC Title 19 to provide for adequate light, air and usable open space between structures; and

(b) The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and

(c) The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking for overflow conditions; and

(d) No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines; and

(e) There is not potential for extending the street system.

(4) If the town council concludes that the public interest will be served the town council may, in lieu of requiring the dedication to the public of land in a subdivision for protective improvements, drainage-ways, streets, alleys, sidewalks, parks and other open space, allow the land to be conveyed to a homeowner’s nonprofit maintenance corporation. In that case the subdivider shall, at or prior to the time of filing a final plat for approval, supply the director with copies of articles of incorporation and bylaws of the grantee organization and with evidence of the conveyance or of a binding commitment to convey. The articles of incorporation shall provide that membership in the corporation shall be conditioned upon ownership of land in the subdivision, that the corporation is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the corporation, and that the assessment shall be a lien upon the land. The town attorney shall review and approve the articles of incorporation and bylaws as to compliance with this provision. The town council may impose other conditions as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.

(5) Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quitclaim deed to the grantee or grantees, for his, her or their use for the purpose intended by the donors or grantors.

(6) Dedicated streets, alleys and easements shall meet the requirements of Chapter 12.04 CMC, Engineering Design Standards, as adopted or amended by the town council. Easements shall meet the engineering design standards of Chapter 12.04 CMC for access streets, except that the minimum width of an easement shall be 30 feet. [Ord. 736, 2015; Ord. 428 § 16.08.052, 1998]

17.08.054 Public use and interest.

The town council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall consider all relevant facts to determine whether the public interest will be served by the subdivision and dedication, and if it finds that the proposed plat makes appropriate provision for the public health, safety and general welfare and for open spaces, drainage-ways, streets, alleys, other public ways, water supplies, sanitary wastes, fire protection facilities, parks, playgrounds, sites for school and school grounds and that the public use and interest will be served by the platting of subdivision, then it shall be approved. If it finds that the proposed plat does not provide the appropriate elements or that the public use and interest will not be served, then the town council may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The town council shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners. [Ord. 428 § 16.08.054, 1998]

Article III. Review of Final Plat

17.08.064 Filing with town engineer.

(1) Time of Filing.

(a) A final plat meeting all the requirements of Chapter 58.17 RCW and of this chapter, shall be filed with the town engineer within three years of the date of preliminary plat approval. As required by RCW 58.17.140, an applicant who files a written request with the town council at least 30 days before the expiration of the three-year period shall be granted a one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period.

(b) Within 30 days of the date of filing of the plat, unless the applicant consents to an extension of the time period, final plats shall be approved or disapproved by action of the town council, or returned to the applicant.

(2) Submittal Requirements. The following shall be submitted for final plat review:

(a) A final plat consistent with the technical requirements of CMC 17.08.066 and Articles V and VI;

(b) A complete survey of the section or sections in which the plat or replat is located, or as many sections as may be necessary to properly orient the plat within the section or sections;

(d) A title report from a title company licensed to do business in the state showing the ownership and title of all parties of interest in the subdivision and confirming that title of the lands as described and shown on the final plat is in the name of the owners signing the certificate required in CMC 17.08.068.

(e) A guarantee deposit in an amount established by the town engineer sufficient to cover the expense of the town in checking the plat, advertising the ordinance, posting notices. [Ord. 428 § 16.08.064, 1998]

17.08.066 Technical standards for final plat.

(1) The final plat shall be prepared upon the best grade of tracing medium and shall be 18 inches by 24 inches in size. The accuracy and completeness of the map shall be the sole responsibility of a registered land surveyor whose seal shall appear on the plat and who shall make field surveys and investigations as necessary to ensure that the map is complete and accurate in every detail. The preparation of the tracing shall be by an experienced draftsman and work shall conform to established standards of workmanship. The final plat shall be presented at a scale not smaller than 100 feet to one inch and shall contain and show the following:

(a) The name of the subdivision;

(b) The lines, widths and names of all streets, avenues, places, parks or other public property, and the location of monuments marking the same;

(d) The location of control points and monuments together with all ties;

(e) The names of all subdivisions immediately adjacent;

(f) The scale and north point;

(g) The boundary of the tract as covered by the plat showing courses and distance on the plat;

(h) The initial point;

(i) All protective improvements and restrictions on uses;

(j) All dedications and all conveyances to a homeowner’s nonprofit maintenance corporation in lieu of dedication;

(k) Any additional information necessary to meet the standards for mapping as set forth in Chapter 332-130 WAC.

(2) In the case of a re-plat, the lots, blocks, streets, alleys, easements and parks appearing on the original plat shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, and the new plat shall be shown clearly in solid lines to avoid ambiguity.

(3) The description, dedication, acknowledgment, certificates of town and county treasurers, certificates of approval by the town engineer, and the planning director, and recording certificate, shall be lettered with India ink and shall be substantially in the form set forth in the town engineer subdivision standards. [Ord. 428 § 16.08.066, 1998]

17.08.068 Certificates required.

Each and every final plat, or re-plat, of any property to be filed for record shall:

(1) Contain a statement of approval from the town engineer as to the survey date, the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems, and other structures;

(2) Be acknowledged by the person filing the plat before the Skagit County auditor or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of the acknowledgment shall be enclosed or annexed to the plat and recorded with it;

(3) Contain a certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged;

(4) Contain a certificate giving a full and correct description of the lands divided as they appear on the plat, including a statement that the subdivision has been made with the free consent and in accordance with the desires of the owners. If the plat is subject to a dedication, the certificate or a separate written instrument shall also contain the dedication of all streets and other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land subdivided and recorded as part of the final plat. [Ord. 428 § 16.08.068, 1998]

17.08.070 Director’s action on final plat.

The town engineer shall refer the final plat to the planning director who shall review the final plat for substantial conformance to the approved preliminary plat, including any requirements or conditions imposed by the town council, and to the standards established by Chapter 58.17 RCW and this chapter. The planning director shall within 10 days furnish the town engineer with a report regarding the conformance of the plat. The town engineer shall review the final plat for the following:

(1) That the proposed final plat bears the certificates and statements of approval required by state law and this chapter;

(2) That a title insurance report furnished by the subdivider confirms that title of the land and the proposed subdivision is vested in the name of the owners whose signatures appear on the plat certificate;

(3) That the facilities and improvements required to be provided by the subdivider have been completed or alternatively, that the subdivider will provide a bond in a form approved by the town attorney and in an amount commensurate with the cost of improvements remaining to be completed, conditioned upon the construction and installation of improvements within a fixed time set by the town engineer, not to exceed one year after final approval of the plat;

(4) That the map is technically correct and accurate as certified by the registered land surveyor responsible for the plat. [Ord. 428 § 16.08.070, 1998]

17.08.072 Submission to council.

(1) Pursuant to the requirements of RCW 58.17.150, the town engineer shall not modify the recommendations made in the town council approval of the preliminary plat when making recommendations on the final plat without the consent of the subdivider.

(2) If the planning director and the town engineer determine that the requirements of this title are met, the town engineer shall certify that the proposed final plat meets the requirements of Chapter 58.17 RCW and this chapter, and shall forward a complete copy of the proposed plat to the town council.

(3) If either director determines that the requirements of this chapter have not been met, the final plat shall be returned to the applicant for modification, correction or other action as may be required for approval; provided, that the final plat shall be forwarded to the town council together with the determination of the directors, upon written request of the subdivider. [Ord. 428 § 16.08.072, 1998]

17.08.074 Council determination.

(1) The town council shall determine:

(a) Whether the final plat is in substantial conformance with the approved preliminary plat;

(b) Whether the requirements imposed when the preliminary plat was approved have been met;

(d) Whether the requirements of state law and the Concrete Municipal Code which were in effect at the time of preliminary plat approval have been satisfied by the subdivider.

(2) The town council shall approve by ordinance, or disapprove, the proposed final plat. If the town council approves the plat, it shall inscribe and execute written approval on the face of the plat, and the town engineer shall transmit the original plat to the Skagit County auditor for filing, and forward one copy to the planning director and one copy to the county assessor. At least one copy of the approved final plat shall be retained in the files of the town engineer.

(3) As required by RCW 58.17.170, a subdivision shall be governed by the terms of approval of the final plat and any lots created thereunder shall be deemed to meet lot requirements imposed by this title for a period of no less than five years. [Ord. 428 § 16.08.074, 1998]

17.08.078 Resubmission.

(1) Any final plat disapproved by the town council or returned to the applicant may, at the subdivider’s option, be resubmitted for approval upon satisfaction of the following condition:

(a) The subdivider has corrected those deficiencies of the final plat, attachments to it, or improvements, any or all of which caused the final plat to be returned or disapproved;

(b) The final plat is resubmitted within the three-year period after the date of approval of the preliminary plat as provided in CMC 17.08.064 or within six months from the date of town council disapproval, whichever is later;

(d) The subdivider has not accepted any proffered refund of filing fees paid for individual lots.

(2) Any subdivision, the final plat of which is disapproved for reasons of nonconformance with the approved preliminary plat and any requirements or conditions attached to it, may be submitted as a preliminary plat, and shall be considered a new and separate application for all intents and purposes. [Ord. 428 § 16.08.078, 1998]

Article IV. Reserved Land

17.08.082 Land reserved for public use.

Any public agency with the power to acquire land by condemnation or otherwise for public use may, at any time prior to final approval of a preliminary plat, notify the town council and the subdivider of its intention to acquire some or all of the land in the proposed subdivision for public use, and may request that the town council require its dedication for the use, the public agency may request that the town council require the reservation of the land for a stated period not to exceed the two years following the town council’s approval of the final plat, during which time the agency may acquire the land. If the town council finds that the public health, safety, or general welfare will be served, it may require as a conditional precedent to approval of the final plat that the land or that part of it as the town council deems appropriate be designated on the plat as reserved land and that for the period requested or a shorter period as the town council deems sufficient, the reserved land not be developed for uses other than the contemplated public use. A public agency may accelerate the expiration date of a reservation period by filing written notice with the Skagit County auditor of its intention to abandon its right to acquire the reserved land. [Ord. 428 § 16.08.082, 1998]

17.08.084 Reserved land to show on plat.

The subdivider may indicate on the plat that if the reserved land is not acquired for public use, it shall be subdivided and if the subdivider does so the plat shall show the configuration and dimensions of the proposed lots, blocks, streets, easements and like features in the reserved area. [Ord. 428 § 16.08.084, 1998]

17.08.086 No development on reserved land.

No building permit or other development permit shall be issued for improvements on reserved land during the period of reservation unless the public agency has abandoned its rights and except as expressly authorized by the town council at the time the final plat is approved. [Ord. 428 § 16.08.086, 1998]

17.08.088 Development if not acquired.

If the public agency has not acquired or commenced proceedings to acquire the reserved lands within the period set by the town council, the subdivider may proceed to develop land lying within the reserved area in conformity with the final plat. No improvements shall be made upon reserved land which is made available for development until adequate security for development of all required public and protective improvements has been provided. [Ord. 428 § 16.08.088, 1998]

Article V. Survey Requirements

17.08.092 Registered land surveyor.

A survey of every proposed subdivision and the preparation of preliminary and final plats of the subdivision shall be prepared by a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All surveys shall conform to standard practices and principles for land surveying. [Ord. 428 § 16.08.092, 1998]

17.08.094 Computations – Notes.

(1) The surveyor shall furnish the town engineer with a full set of survey notes which notes shall clearly show:

(a) The ties to each permanent monument;

(b) At least three durable, distinctive reference points or monuments;

(d) The base meridian referred to.

(2) A traverse of the boundaries of the subdivision and all lots and blocks shall close within one foot in 5,000 feet, as required by Chapter 332-130 WAC.

(3) Primary survey control points shall be referenced to section corners and monuments, and corners of adjoining subdivisions, or portions of subdivisions shall be identified and ties shown. [Ord. 428 § 16.08.094, 1998]

17.08.096 Permanent control monuments.

(1) Permanent control monuments shall be established at:

(a) All controlling corners on the boundaries of the subdivision;

(b) The intersections of centerlines of roads within the subdivisions;

(d) All block corners.

(2) Permanent control monuments may be placed on the offset lines. The position and type of every permanent monument shall be noted on all plats of the subdivision. Permanent control monuments shall be of a type approved by the town engineer.

(3) Permanent control monuments within the streets shall be set after the streets are graded. In the event a final plat is approved before streets are graded, the security deposit to provide for grading shall be sufficient to pay the costs of setting the monuments estimated by the town engineer.

(4) Each lot corner shall be marked by a three-quarter-inch galvanized iron pipe, 24 inches in length, or approved equivalent, driven into the ground, set with C cap per the requirements of RCW 58.19.120. [Ord. 428 § 16.08.096, 1998]

17.08.098 Proper contiguous to water.

If any land in a subdivision is contiguous to a body of water, a meander line shall be established along the shore at a safe distance back from the ordinary high water mark. Property lying below and beyond the meander line shall be defined by distance along the side property lines extended from the meander line. If the thread of a stream lies within a subdivision or forms the boundary of a subdivision, such thread shall be defined by bearings and distances as it exists at the time of the survey. [Ord. 428 § 16.08.098, 1998]

Article VI. Design and Construction Standards

17.08.100 Design standards.

The design of all subdivisions shall conform to the standards set forth in this section and Chapter 12.04 CMC:

(1) Streets and Alleys.

(a) All subdivisions shall be served by one or more streets providing adequate ingress and egress to and from the subdivision.

(b) Major streets within each subdivision shall provide for the continuation of major streets which serve property contiguous to the subdivision. Unless warranted by special physical circumstances, streets serving lots on two sides shall be at least 60 feet wide.

(c) Street intersections shall be as nearly at right angles as practicable and in no event shall the angle formed be less than 30 degrees.

(d) Street networks shall provide ready access for fire and other emergency vehicles and equipment, and routes of escape for inhabitants.

(e) Alleys shall be at least 16 feet wide plus such additional width as shall be necessary for an adequate turning radius.

(2) Blocks. Blocks shall be designed to assure traffic safety and ease of traffic control and circulation. Blocks shall be identified by letters or numbers.

(3) Lots.

(a) Every lot shall be provided with convenient vehicular access to a street or to a permanent appurtenant easement which satisfies the requirements of Chapter 12.04 CMC except that the minimum width of an easement shall be 30 feet.

(b) Lots shall be numbered with reference to blocks.

(4) Sidewalks. Design of sidewalk or sidewalk easement in residential subdivisions shall be as required by the town engineer.

(5) Drainage, Storm Sewer and Utility Easements.

(a) Easements for drainage channels and ways shall be of sufficient width to assure that they may be maintained and improved. Easements for storm sewers shall be provided and shall be of sufficient width and in proper location to permit future installation. Utility easements shall be in accordance with plans and specifications prepared by the appropriate town department.

(b) Easements for electric, telephone, water, gas and similar utilities shall be of sufficient width to assure installation and maintenance.

(c) Design of storm water systems shall comply with the latest section of the Department of Ecology Stormwater Management Manual.

(6) Underground Utility Installation. Subdivisions shall provide underground utility lines including but not limited to those for electricity, telephone, CATV and street lighting.

(7) Street Lighting. The design and use of street lighting in subdivisions shall be as required by the town engineer or town council. [Ord. 428 § 16.08.100, 1998]

17.08.102 Improvements.

All improvements shall follow the latest edition of the Washington State Department of Transportation Standard Specifications and Chapter 12.04 CMC.

(1) Streets, Bridges, and Other Construction. All streets, bridges, drains, culverts and other structures and facilities in dedicated areas shall be constructed in accordance with plans and specifications prepared or approved by the town engineer.

(2) Street Grading and Surfacing. All dedicated streets shall be graded to their full width with adequate drainage provided prior to acceptance for public use. Grades shall be established by the town engineer and all roadways shall be surfaced according to plans and specifications prepared or approved by the town engineer.

(3) Water and Sewers. Water supply facilities adequate to provide potable water from the town of Concrete water supply to each lot within a subdivision shall be installed in conformity with standards adopted by the town of Concrete. Where available, each lot shall be provided with a single sanitary sewer system connection approved by the department of public works, unless a shared system is approved by the department of public works. All connections shall conform to applicable town regulations.

(4) Service Mains and Fire Hydrants. Prior to the construction of any structure in the subdivision, service mains and fire hydrants shall be installed in accordance with plans and specifications prepared or adopted by the town engineer and in accordance with requirements and standards of the town of Concrete, the Skagit County Coordinated Water System Plan and town of Concrete fire department. [Ord. 428 § 16.08.102, 1998]

17.08.106 Exceptions.

Exceptions from the design standards and improvement requirements set forth in this article may be authorized by the town council in those instances where it is deemed that hardship, topography or other factual deterrent conditions prevail, and in such manner as it considers necessary to maintain the intent and purpose of the regulations and requirements. Approval by the town council of a preliminary plat on which variations and exceptions are clearly indicated shall constitute authorization of the variations and exceptions. [Ord. 428 § 16.08.106, 1998]