Loading...
HomeMy WebLinkAboutLUA02-144 BEGINNING OF FRI FILE TITLE ED:1Z 414 -- InPrri ---v--•• ,.- , , . •. . .._—.—..;I\ t — '=„. • , 0 0.4!,Aa. 1 n" '.:. i i 1 • :!fiC C). --3-ellig d 31 - ''.16411 ( ' •••:- 3 '44 AUTO 1310,3_1:4_, Op .1.4' .Z.i 1 6 as_ al, - . MI : • 41,8a1C•'(:,37Ac. 3-dLiko 0 to 2 . ._. 3Ece PLAT t s. IF PARR ,a. 1r4e.C..?-_,F-:°1*--e. I- .4 ,.. .-- .' I CD fr. .....- 9 ; Y.. ..,..I.Is . ..%I ink - ?_ SOUTHCO CY3 %fp R. .'-, ... 9 . _r j AISSOC... CARL.WIC SMITH LLSAc. ' 'ill 3,6' MARTIN'S ACRE TRAC- ®44... . .e? ...M.of&won ISIlAt. , . • 01114.• ''-----Fr- (ONE 4 le L14,..,. • Pp 471160 tHornPa r . -fl .eil* King Coung er Downs o M AEV rk 0 _ A('1sm-4111... ATOP , • ._, • -LSI' • tj .,‘ -n Mg 10.1 _ ihrf— ; „4,. ...; . .E. . II .11. p, 1 ,,, . _ . ..fil 6 INL/LI C.)0 ideeer i allaniCa 8 : • .. . - .. . 241 IL. . :P.'4111210ERTZ . 111.: 1.(..171" (1)8 (21 (41 ilLIA • 8 4 G21 -- 1,4MIIRP4:1..1=1.101Clw $UE• 2ND St. lia •Ra 154141 5. `2P a . .11"AL L.,-DT imp.lsp. Weroglikliatigt 144144.k. • - .6X : ... . N , IN,..m:, - :11*,. •. , •.. ,:•. ., ; ,„:, t„,,„,,,.. .„jet*. _itir4_ .., I* "eid, ._ 4.16 Ac. a MI -al -I. 41.cm. " , a c? jr--- _ ,.EA.,: . • -:•• ..11"2, _ - . SEE DRAWING(S) ... 7 * 711.-- fF.L 4+ c �J�(p I KIWan raa' � �k�.�' P'�' Ilf [ j"-f• i Cv'Y'wy"-f. ���� y11 I Park •x• i ... ,....,r a o k•Y d ® i , ',®60 infer: o© =y tb 0�r ,1;1-4 .,..4 ,,, ,,,Fwld .(.T.i II I'1 R'n�� ....°..,..«, ..,.. .o F�1$f � �o ,., i?d.• 'E� SIa"y`.: _Y 7�f a z I I fl p 3 �� m � I P HE • srH sr. • • rill fc ¢E3Y't SS1tilIE ..•.S2 s� ., .. 411111.1. y; �'' ..•„ooa O��I 4 1° a ' mEWnu:o-R147YI (Proposed) i wN� O ii b 15". a A e T . I, rt 2 x H sr �" . 1 1.:®9;�`�14 � � n�T ;, Yrk, "TYDICO SITE" sE 1.1. p� FIO 2 as NE Sr i S\ I�.ft fV�R "sr sr 5, t E. T lPJI - .... e m a, :., -" k E�•#m W q Te it,a�e /eIm 'in` COMPREHENSIVE °� ._ r s; •e 16moo o a1 l t r'I 143- + PLAN AMENDMENT & 01 �lP® Neighborhood el . 11 F -u�',au ari Z44„14 r i ' Detail Ma iI E �' . Il.e�x L�..E► REZONE/PREZONE —__._ n idis.[ RV I .Ck I¢ o 5kb04•+r ;1 'Op,� �aQE f yr RV � � r r`1 _ �{.,.? F�-Ir,Ifz "'dl,—S Fr 19.C:b.•.�E `i9 _ e c•w - + ° :.. .m W L1i IA .•+' tiTMs{`4r4Jf.-[ 3'r L E L iE Ja 7R k- ,"L.M .+�. ®I ° @@ptl1� `�'E N E�I CJ a.,.m. �® i ,17�1ryJ � •1 Sa�WW4 DIE-g; Pt I l��3.*3.c• i. SCALE lx no' 5n202EIR F ,L i 1,4 E, lA.... nD L -E trt118_. ®I 44` iif� la i11 J- d.+ g rc. o,�I. E N.E. r,6�;,TH • ST. - E ix ST O © -T I�fKMitli� t4xdiYl4G�kflltkJ 93ggaqg�par � 'i � I1 6ttes ` ��5p�a RI nii 'o;o-® ... .m° �. . >. pil �HR. Ri. ..�� Mike a'' """ r y .. . 4 o 0. 6„&_ aria e L u.4 1Gf�i � '''.2 i' e e _ SB & F Ali n .S�@R ` 2.°°ae yYy y .� r H nil. L I� 0 I' H. FkFe l>m,?•;d I,'y� [� i 12AR�I�L°3 IFS p� p -..a Q y i ... y Ng�r I I I�]CFI' d `ll:•Awi m liNg t Ri y 0 E� 1 al1� PL.x7� .,, __- .. ... S ��i LI`I -'IC En fi.yai Fsc�w ,ate i a ��(;6fzf �; a� I ® V II o I '-•`a 4 i trii1 t "'`m F� 7R o S I, '�`. i, ;f a IA#�7 ff t+' mmin W n' "�F L eg a a�`i aiiAWR 0 .�4' xl I �, I; t__—_ 4 ,r•�' y+ • " .0 knrti z C _`ti' k+'� oI P - •` -" i t'a'rrs I 2L7'a I x'+"a t? _g t' _.l ,,� I.11gaiiiin �L.3'��"�x �<rIF _23 s-n... a ° ° ® �,i_ g Itl Fey■} I 1 R.q -- uiu•,,,a• .r �.� •LJ1 .r...{. !,rJm,.w ,n.., • .I o 10 ':11. III 4 PIC.iiiii ril ik_____ 'y .Y PIti a ,I®I,. " _!II,s oil I 'I I ,I %41 III v '�"F I �F, `'L I NEa�aTHiaa3•>�3 , ..._., xEa�,TH rS .... -' we , _ - -_ —9 cv . I, 9 ..,, F7j`L �.�•.�0 A F ,vim, li I I M-Y.i�lE o.. u. E i 3 ,a. ®' ...© le p MIN•1i11111.��rrEEF F� ° � 11 ��4.... `I P O II?R p 5 PLAT '' .ie• I ��I. I�O N� Y. a 4 t ® r;b 11� i�.F ,..,,,.», ` I 1 Op I II I ,Tr ........�". arr� MARTINS ACRE' TRAC . 'e .g e ' ^ '•I B E At" H —_1® jar/ C. OW r c IRrxE� o s =1 ts .1 h °� III IS rvxgc,as C0 �r ,r� o r o 0 p r ' ,� o \ ,I Q,Z6�I. _,,'' e E � ." "' I'E orolign ,, t o. CQ' a D I 1 11 JIN di S,iEe.Sli E E M^a� • �-_axe _—_-. __.'-'1'-it Sp9p I • Nonni I1 �TA - - • -7....., :s E. °Il2Ha • N ,... I YIi I MN �li A>•.A�Q I . . , . 3 2e_ °`_, .� E <1'� ° 14 VA 1. mAri4 i ira t F E .yam "�C - so 4: 11 �� I 1I� ;7. I'I �iP s< �_ m sE s o o£.gAc of Loo ='. ,.. o c • .�..w..,. rik, I$5 I ,,, 4SFe'� � ,1$de l' Fb,34'��IC! L',. 'it ��[]�1� ® _ IA��.}.i.{WMI�ty,1NQlw p a �a0 x •..,�,1T, .ce,..r"Oi� i i t -r'ir I A I Aia Iter wN�knit+: I -,I.- xxm° k u l�wwl�!!� F M NB R E�µT R A .. J:I =iI 1 ,I I .. " �I �liiiiiiiiiii {f • SE.::.1": r .• ,w, " 9 ,a.•iI I I '+ ara l ", .- y {� �?a 29 E ° I! , 1 2 i Aimpts{SI,F�]i M ,•7e 2 1 ;f•C� r "•I 1 I '°�`°4.� I.}k�I ,m .. T,ii,i " ��[. s5�/,,,, :-.- s r ..v; .e.i C)O.,''t•• j.. ,.:., �'I 1 I F _�.1'!pI'.. vASxgyg.1 .iP•TF tJ� fI9 ': I• i I' iI I Atillat ait itt„ kit _.. .., w I .`i• d..p lit I Rl�i ABBaRR ... :ki -.�d. a -7R ° 3 r �I ne ?C ram« ri T [�.{����[[ • F� " m �..� zipmar. 1, Y9fNF P��•c� EiC 'r� OI E ig 081 Maple Q. EMI ,,,,' Enina.M � : *l t. i' v 1 .1l— .ter--.....1.....?. _ 7 'i','� p Nei 9 kborbaoE Park .i..w... nu.. 1 `J( ..+.o m..,•, •u.. i • 44 g it A �i '- .'`�-o m�el ® sm-ld. • lipp;' ApiippR b Q�1 P,�i Jou B _b �, eE. o i L + I Joseph H & Mildred C. Sanchez Corzon Y Fernandez Sokha &Chantha Touch 4126 NE 2nd St 4202 NE 2nd St 4208 NE 2nd St Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 107935 0050 107935 0060 107935 0070 ' Terry A & Mary A Kimsey ' Alejandro Santiago Tanaka Masaka Revocable Living Trst 4214 NE 2nd St. I 4220 NE 2nd St. , ' 4226 NE 2nd St Renton, WA 98059 i Renton, WA 98059 1 Renton, WA 98059 107935 0080 107935 0090 107935 0100 1 Joseph N Carlo i 1 D V Scherer Fue Y & Mee Vang Vue 28833 Redondo Shores Dr S P.O. Box 2353 13004 136th Ave SE Des Moines, WA 98198 Renton, WA 98056 Renton, WA 98059 152305 9015 ; . 152305 9024 ; 152305 9030 Violet F Bliss Bales Self-Storage Partnership ' Clara Hagerman 330 Bremerton Ave NE ' I P.O. Box 3015 13129 138th Ave SE Renton, WA 98059 Renton,WA 98056 I Renton, WA 98059 152305 9035 152305 9036 152305 9038 West Coast Investments Inc. Richard J & Karen E Ockwell D V Scherer 68 Cascade KY 13225 138th Ave SE P.O. Box 2353 Bellevue, WA 98006 Renton, WA 98059 Renton, WA 98056 152305 9039 ' 152305 9095 it 152305 9115 i Cortess D Pippin Charles G Ratzsch Donald E Hamblin P.O. Box 2573 320 Bremerton Ave NE 14250 142nd Ave SE Renton, WA 98056 Renton, WA 98059 Renton, WA 98059 152305 9192 152305 9193 152305 9211 , , < Donald E Hamblin Clara Hagerman Michael L Hampshire I 14250 142nd Ave SE 13129 138th Ave SE I 13625 SE 131' St Renton, WA 98059 ; ' Renton, WA 98059 Renton, WA 98059 152305 9212 152305 9213 152305 9214 Clara Hagerman 4th & Bremerton Associates Jon M Hendrickson 13129 138th Ave SE 2800 E Lake St 150 Bremerton PI NE Renton, WA 98059 Minneapolis, MN 55406 Renton, WA 98059 152305 9215 , i 205050 0010 . 252550 0290 Steven A & Deena M Stricker Kamilla Teletnik ( Glen W K &Tessie L Wong 156 Bremerton PI NE j 170 Bremerton PI NE 185 Bremerton PI NE Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 252550 0300 252550 0310 252550 0320 , Gildardo & Patricia L Lazcano Kathleen S Nada-Schrader Scott A &Julie M Rutledge . , 179 Bremerton PI NE j 173 Bremerton PI NE 169 Bremerton PI NE Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 252550 0330 1 252550 0340 I1 252550 0350 i I I 1 Terrance L Flaig 1 Cheryl Phillips ' James E Shepherd P.O. Box 3106 ' . 161 Bremerton PI NE I 157 Bremerton PI NE Renton, WA 98056 Renton, WA 98059 Renton, WA 98059 252550 0360 ; 252550 0370 252550 0380 Gerlad C &Susan R Dorer Edward D &Sandra L Gullekson Michelle M Hicks 151 Bremerton PI NE 111 Bremerton PI NE ; ' 4314 NE 1st PI Renton, WA 98059 Renton, WA 98059 , Renton, WA 98059 252550 0390 252550 0400 252550 0410 ( C E Stone Brian R &Jacqueline Saks Edward N James P.O. Box 2401 152 Whitman Ct NE 156 Whitman Ct NE Renton, WA 98056 Renton, WA 98059 ! Renton, WA 98059 252550 0420 252550 0430 252550 0440 Andrew Rosko Renee Sajous William J & Lori S Boone 164 Whitman Ct NE 170 Whitman Ct NE 176 Whitman Ct NE Renton , WA 98059 : Renton, WA 98059 Renton, WA 98059 252550 0450 252550 0460 ' ! 252550 0470 1 Peter M &Jovanne Jamero Jr. S C & Linda E LoNigel 1 Warren J & Paula J Madaj 179 Whitman Ct NE 173 Whitman Ct NE 167 Whitman Ct NE Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 252550 0480 252550 0490 252550 0500 1 ` 1 James ID &Gail Cunningham Jr. John A Lambert George S &Colleen M Cutler 161 Whitman Ct NE 155 Whitman Ct NE 154 Vashon PI NE Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 252550 0510 252550 0520 252550 0530 Joseph, M Cunanan r Joanne C Marcellis Thanh Huynh 5019 NE 18th Ct 166 Vashon PI NE 7422 Rainier Ave S Renton, WA 98059 Renton, WA 98059 Seattle, WA 98118 252550 0540 252550 0550 252550 0560 Geoff A Erbeck ' ! r Gordon & Marsha Schroeder Keith M &Connie J Haselfeld 178 Vashon PI NE 183 Vashon PI NE 177 Vashon PI NE Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 252550 0570 i 252550 0580 252550 0590 C Terry A Epperson Takashi D &Camilla Yuasa Kelly &Susan Salvatori 171 Vashon PI NE 165 Vashon PI NE 159 Vashon PI NE Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 252550 0600 iI 252550 0610 1 252550 0620 7 Dina Parker ! Fernwood North Homeowners Assoc. Robert E Johnson 370 SE 13th PI ! P.O. Box 2364 254 Union Ave SE North Bend, WA 98045 Renton, WA 98056 ! i Renton, WA 98059 252550 0630 ; I 252550 0720 518210 0012 1 Bradley J & Kathy L Faulkes Kenneth F&Carol A Pillon Riberto-Balko Family Enterprises Ltd. 326 Union Ave NE #10 23815 1415t Ln SE 16400 Southcenter Parkway #308 Renton, WA 98059 Kent, WA 98042 Seattle, WA 98188 I 518210 0013 518210 014 1 518210 0020 Ribera--Balko Family Enterprises Ltd. Janet Hatch James M Denton 137401SE 246th St 4405 NE 4th St 4455 Tolt River Rd NE Kent, WA 98042 Renton, WA 98059 Carnation, WA 98014 518210 0031 ' I 518210 0039 518210 0041 Susan E Prather i ;` Rose Lee Woodall Rose Lee Woodall 129051136th Ave SE 248 Union Ave NE 248 Union Ave NE Renton, WA 98055 Renton, WA 98059 Renton, WA 98059 i 518210 0042 518210 068 518210 0069 TeresalA Cronin i Rose Lee Woodall Rose Lee Woodall 4115 IVE 2nd PI 248 Union Ave NE 248 Union Ave NE Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 i 518210 0069 0071 518210 0080 518210 0081 Jodi J Allard John H & Margaretta J Losch Ren S C Li 4207 SE 2nd PI 4213 NE 2nd PI 4227 NE 2nd PI Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 518210 0082 518210 0083 518210 0084 ' Salvador C Patrianca Baljinder S & Rashpal K Buttar Kim A Nichols 27 59th PI SW 13324 27th Ave S 4501 NE 4th St #B Everett, WA 98203 Seattle, WA 98168 Renton, WA 98059 I � 518210 0085 : 722700 0010 ! I 722700 0020 J l• � \ I . . i I � � I 1 I # 1 * MetroScan / King * Owner :Sanchez Joseph H/Mildred C/Barbara D Parcel # :107935 0050 02 Site :4126 NE 2Nd St Renton 98059 Sale Date:05/03/1999 Mail :4126 NE 2Nd St Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$205,000 Lgl , :LOT 5 BRIAR PATCH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:2/ / Stories:1 BldgSF:1,510 Ac: .17 YB:1994 Ph:425-204-6007 # 2 * MetroScan / King * Owner :Fernandez Corazon Y;Cordero Erlinda D Parcel # :107935 0060 00 Site :4202 NE 2Nd St Renton 98059 Sale Date:02/14/1994 Mail :4202 NE 2Nd St Renton Wa 98059 Sale Price :$143,950 Full Use :002 Res,Single Family Residence Asd.V :$207,000 Lgl :LOT 6 BRIAR PATCH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:2/ / Stories:1 BldgSF:1,620 Ac: .17 YB:1993 Ph:206-277-4383 # 3 * MetroScan / King * Owner :Touch Sokha/Chantha Parcel # :107935 0070 08 Site :4208 NE 2Nd St Renton 98059 Sale Date:04/10/2000 Mail :4208 NE 2Nd St Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$199,000 Lgl :LOT 7 BRIAR PATCH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:2/ /1 Stories:1 B1dgSF:1, 950 Ac: .18 YB:1993 Ph: # 4 * MetroScan / King * Owner :Kimsey Terry A/Mary A Parcel #. :107935 0080 06 Site :4214 NE 2Nd St Renton 98059 Sale Date:05/22/1997 Mail :4214 NE 2Nd St Renton Wa 98059 Sale Price :$178,000 Full Use :002 Res,Single Family Residence Asd.V :$215, 000 Lgl :LOT 8 - 9 BRIAR PATCH LOT 8 LESS Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:2/ / Stories:1 BldgSF:1,740 Ac: .17 YB:1994 Ph: # 5 * MetroScan / King * Owner :Santiago Alejandro Parcel # :107935 0090 04 Site :4220 NE 2Nd St Renton 98059 Sale Date:03/01/2000 Mail :4220 NE 2Nd St Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$201,000 Lgl :LOT 8-9 BRIAR PATCH LOT 9 LESS Q:NW S:15 T•23N R:05E Bedrm:3 Bth F3H:2/ /1 Stories:1 BldgSF:1, 970 Ac: .22 YB:1993 Ph:425-430-8936 # 6 ' * MetroScan / King * Owner :Masako Tanaka Revocable Lliving Trust Parcel # :107935 0100 02 Site :4226 NE 2Nd St Renton 98059 Sale Date:ll/18/1997 Mail :4226 NE 2Nd St Renton Wa 98059 Sale Price . Use :002 Res,Single Family. Residence Asd.V :$194,000 Lgl :LOT 10 BRIAR PATCH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:2/ / Stories:1 BldgSF:1,310 Ac: .17 YB:1993 Ph: # 7 , * MetroScan / King * Owner :Carlo Joseph N Parcel # :152305 9015 05 Site :13203 138Th Ave SE Renton 98059 Sale Date:03/22/2000 Mail :28833 Redondo Shores Dr S Des Moines Wa 98198 Sale Price . Use :008 Res,Mobile Home Asd.V :$199,000 Lgl , :STR 152305 TAXLOT 15 PP ACT Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:4.76 YB: Ph: # 8 * MetroScan / King * Owner :Scherer D V Parcel # :152305 9024 04 Site :*No Site Address* Sale Date: Mail :PO Box 2353 Renton Wa 98056 Sale Price . Use , :300 Vacant,Residential Asd.V :$122, 000 Lgl :STR 152305 TAXLOT 24 S 1/2 OF NW Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:2.64 YB: Ph: # 9 * MetroScan / King * Owner :Vue Fue Y/Mee Vang Parcel # :152305 9030 06 Site :13004 136Th Ave SE Renton 98059 Sale Date:12/15/1999 Mail :13004 136Th Ave SE Renton Wa 98059 Sale Price :$321,500 Full Use , :002 Res,Single Family Residence Asd.V :$259,000 Lgl :STR 152305 TAXLOT 30 W 1/2 OF N Q:NW S:15 T:23N R:05E Bedrm:5 Bth F3H:2/ / Stories:1 BldgSF:2,420 Ac:2.45 YB:1977 Ph: Information compiled from various sources.Real Estate Solutions makes no representations # 10 * MetroScan / King * Owner :Bliss Violet F Parcel # :152305 9035 84* Site :330 Bremerton Ave NE Renton 98059 Sale Date:07/27/1999 Mail :330 Bremerton Ave NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$132,000 Lgl :STR 152305 TAXLOT 35 LOT 3 KC Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories:1.5 BldgSF:2, 050 Ac:1.59 YB:1932 Ph:425-255-2782 # 11 * MetroScan / King : * Owner :Bales Self-Storage Partnership Parcel # :152305 9036 00 Site :301 Duvall Ave NE Renton 98059 Sale Date:04/26/1999 Mail :PO Box 3015 Renton Wa 98056 Sale Price :$322,000 Full Use :300 Vacant,Residential Asd.V :$92,000 Lgl ' :STR 152305 TAXLOT 36 S 1/2 OF SE Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:1.15 YB: Ph: # 12 * MetroScan / King * Owner :Hagerman Clara Parcel # :152305 9038 08 Site :13129 138Th Ave SE Renton 98059 Sale Date: Mail :13129 138Th Ave SE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$102,200 Lgl , :STR 152305 TAXLOT 38 LOT 4 OF KC Q:NW S:15 T:23N R:05E Bedrm:2 Bth F3H:1/ / Stories:1 BldgSF:1,400 Ac:l.11 YB:1930 Ph:425-226-4977 # 13 * MetroScan / King * Owner :West Coast Investments Inc Parcel # :152305 9039 07 Site :*No Site Address* Renton Sale Date:03/16/1990 Mail :68 Cascade Ky Bellevue Wa 98006 Sale Price :$550,000 Use , :300 Vacant,Residential Asd.V :$127,000 Lgl :STR 152305 TAXLOT 39 S 1/2 OF NW Q:NE S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:4.99 YB: Ph: # 14 * MetroScan / King * Owner :Ockwell Richard J/Karen E;+ Parcel # :152305 9095 08 Site :13225 138Th Ave SE Renton 98059 Sale Date:06/29/2001 Mail :13225 138Th Ave SE Renton Wa 98059 Sale Price :$197,000 Use :002 Res,Single Family Residence Asd.V :$169,000 Lgl :STR 152305 TAXLOT 95 N 95 FT OF W Q:NW 5:15 T:23N R:05E Bedrm:2 Bth F3H:1/ / Stories:1 BldgSF:1,390 Ac: .68 YB:1955 Ph: # 15 * MetroScan / King * Owner :Scherer D V Parcel # :152305 9115 04 Site :13251 138Th Ave SE Renton 98059 Sale Date: Mail :PO Box 2353 Renton Wa 98056 Sale Price . Use :002 Res,Single Family Residence Asd.V :$164,000 Lgl ' :STR 152305 TAXLOT 115 W 70 FT OF E Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ /1 Stories:1 BldgSF:1,260 Ac: .33 YB:1963 Ph: # 16 * MetroScan / King * Owner :Pippin Cortess D Parcel # :152305 9192 .00 Site :12922 136Th Ave SE Renton 98055 Sale Date: Mail :PO Box 2573 Renton Wa 98056 Sale Price . Use :008 Res,Mobile Home Asd.V :$89,000 Lgl :STR 152305 TAXLOT 192 PP ACT Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .42 YB: Ph: # 17 * MetroScan / King * Owner :Ratzsch Charles G Parcel # :152305 9193 09 Site :*No Site Address* Renton Sale Date:06/28/1999 Mail :320 Bremerton Ave NE Renton Wa 98059 Sale Price . Use :008 Res,Mobile Home Asd.V :$144, 000 Lgl :STR 152305 TAXLOT 193 PP ACT Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .27 YB: Ph:509-663-4511 # 18 * MetroScan / King Owner :Hamblin Donald E Parcel # :152305 9211 07 Site :13015 138Th Ave SE Renton 98059 Sale Date: Mail :14250 142Nd Ave SE Renton Wa 98059 Sale Price . Use :008 Res,Mobile Home Asd.V :$95,000 Lgl :STR 152305 TAXLOT 211 PP ACT Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: B1dgSF: Ac: .77 YB: Ph: ' Information compiled from various sources.Real Estate Solutions makes no representations # 19 * MetroScan / King * Owner :Hamblin Donald E Parcel # :152305 9212 06 Site :13005 138Th Ave SE Renton 98059 Sale Date: Mail :14250 142Nd Ave SE Renton Wa 98059 Sale Price . Usel :002 Res,Single Family Residence Asd.V :$145, 000 Lglr :STR 152305 TAXLOT 212 LOT 3 KC Q:NW S:15 T:23N R:05E Bedrm:2 Bth F3H:1/ / Stories:1 BldgSF:890 Ac: .98 YB:1950 Ph: # 20 * MetroScan / King * Owner :Hagerman Clara Parcel # :152305 9213 05 Site :*No Site Address* Sale Date: Mail :13129 138Th Ave SE Renton Wa 98059 Sale Price . User :300 Vacant,Residential Asd.V :$87,000 Lgl; :STR 152305 TAXLOT 213 LOT 1 OF KC Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: B1dgSF: Ac:1.23 YB: Ph:425-226-4977 # 21 * MetroScan / King * Owner :Hampshire Michael L Parcel # :152305 9214 04 Site :13625 SE 131St St Renton 98059 Sale Date: Mail :13625 SE 131St St Renton Wa 98059 Sale Price . Use'' :008 Res,Mobile Home Asd.V :$138, 000 Lgl :STR 152305 TAXLOT 214 PP ACT Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: B1dgSF: Ac:1.17 YB: Ph:425-228-4797 # 22 * MetroScan / King * Owner :Hagerman Clara Parcel # :152305 9215 03 Site :*No Site Address* Sale Date: Mail :13129 138Th Ave SE Renton Wa 98059 Sale Price . User :300 Vacant,Residential Asd.V :$87,000 Lgl ' :STR 152305 TAXLOT 215 LOT 3 OF KC Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:1.11 YB: Ph:425-226-4977 # 23 * MetroScan / King * Owner :4Th/Bremerton Associates Parcel # :205050 0010 02 Site :4513 NE 4Th St Renton 98059 Sale Date:04/21/1993 Mail :2800 E Lake St Minneapolis Mn 55406 Sale Price :$330,000 Full Use :162 Pub,Bank Asd.V :$613,400 Lgl :LOT PARCEL A DOCHNAHL - BSP Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 B1dgSF:4,880 Ac: .84 YB:1982 Ph: # 24 * MetroScan / King * Owner :Hendrickson Jon M Parcel # :252550 0290 00 Site :150 Bremerton P1 NE Renton 98059 Sale Date:08/13/2001 Mail :150 Bremerton P1 NE Renton Wa 98059 Sale Price . User :002 Res,Single Family Residence Asd.V :$209, 000 Lgl , :LOT 29 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:4 Bth F3H:1/2 / Stories:1 B1dgSF:2,340 Ac: .17 YB:1986 Ph: # 25 * MetroScan / King * Owner :Stricker Steven A & Deena M Parcel # :252550 0300 08 Site :156 Bremerton P1 NE Renton 98059 Sale Date:06/15/1990 Mail :156 Bremerton P1 NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$204, 000 Lgl :LOT 30 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/2 / Stories:1 B1dgSF:2,270 Ac: .17 YB:1986 Ph: # 26 * MetroScan / King : * Owner :Teletnik Kamilla Parcel # :252550 0310 06 Site :170 Bremerton P1 NE Renton 98059 Sale Date:04/15/2002 Mail :170 Bremerton P1 NE Renton Wa 98059 Sale Price . Use, :002 Res,Single Family Residence Asd.V :$209, 000 Lgl , :LOT 31 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/2 / Stories:1 B1dgSF:2,340 Ac: .19 YB:1986 Ph: # 27 * MetroScan / King * Owner :Wong Glen W.K. & Wong Tessie L Parcel # :252550 0320 04 Site :185 Bremerton P1 NE Renton 98059 Sale Date:05/03/1990 Mail :185 Bremerton P1 NE Renton Wa 98059 Sale Price :$164,000 User :002 Res,Single Family Residence Asd.V :$205,000 Lgl, :LOT 32 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:2,280 Ac: .17 YB:1986 Ph: Information compiled from various sources.Real Estate Solutions makes no representations „r,.,,,rr„nt,t,(,„c t�tilt,nrM.rnrl,nr rn.nnimm�noo ntlnf r n.,t,nn rnntninnd:n th:r rnnnrt # 28 * MetroScan / King * Owner :Lazcano Gildardo/Patricia L Parcel # :252550 0330 02 Site :179 Bremerton P1 NE Renton 98059 Sale Date:12/08/1993 Mail :179 Bremerton P1 NE Renton Wa 98059 Sale Price :$168,500 Full Use, :002 Res,Single Family Residence Asd.V :$216,000 Lgl :LOT 33 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:4 Bth F3H:1/1 / Stories:1 B1dgSF:2,530 Ac: .17 YB:1986 Ph:425-793-5085 # 29 * MetroScan / King * Owner :Nada-Schrader Kathleen S Parcel # :252550 0340 00 Site :173 Bremerton P1 NE Renton 98059 Sale Date:02/16/2000 Mail :173 Bremerton P1 NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$202,000 Lgl :LOT 34 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:2,170 Ac: .18 YB:1986 Ph: # 30 * MetroScan / King : * Owner :Rutledge Scott A/Julie M Parcel # :252550 0350 07 Site :169 Bremerton P1 NE Renton 98059 Sale Date:08/14/1998 Mail :169 Bremerton P1 NE Renton Wa 98059 Sale Price :$185,977 Full Usel :002 Res,Single Family Residence Asd.V :$193,000 Lgl :LOT 35 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:1,310 Ac: .19 YB:1986 Ph: # 31 * MetroScan / King * Owner :Flaig Terrance L Parcel # :252550 0360 05 Site :165 Bremerton P1 NE Renton 98059 Sale Date:06/08/1990 Mail :PO Box 3106 Renton Wa 98056 Sale Price :$176,000 Use; :002 Res,Single Family Residence Asd.V :$213,000 Lgl , :LOT 36 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:2 BldgSF:1,690 Ac: .21 YB:1985 Ph: # 32 * MetroScan / King * Owner :Phillips Cheryl Parcel # :252550 0370 03 Site :161 Bremerton P1 NE Renton 98059 Sale Date:01/07/1994 Mail :161 Bremerton P1 NE Renton Wa 98059 Sale Price :$142,950 Full Use :002 Res,Single Family Residence Asd.V :$194,000 Lgl , :LOT 37 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:1,300 Ac: .19 YB:1986 Ph:425-687-8739 # 33 * MetroScan / King * Owner :Shepherd James E Parcel # :252550 0380 01 Site :157 Bremerton P1 NE Renton 98059 Sale Date:01/30/1992 Mail :157 Bremerton P1 NE Renton Wa 98059 Sale Price :$149,000 Full Use ; :002 Res,Single Family Residence Asd.V :$206,000 Lgl , :LOT 38 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:1,530 Ac: .22 YB:1986 Ph: # 34 * MetroScan / King * Owner :Dorer Gerald C & Susan R Parcel # :252550 0390 09 Site :151 Bremerton P1 NE Renton 98059 Sale Date:12/23/1985 Mail :151 Bremerton P1 NE Renton Wa 98059 Sale Price :$92, 950 Use :002 Res,Single Family Residence Asd.V :$213,000 Lgl , :LOT 39 FERNWOOD NORTH Q:NW 5:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:2 BldgSF:1,690 Ac: .19 YB:1986 Ph:425-255-9354 # 35 * : MetroScan / King : * Owner :Gullekson Edward D & Sandra L Parcel # :252550 0400 07 Site :111 Bremerton P1 NE Renton 98059 Sale Date:05/27/1986 Mail :111 Bremerton P1 NE Renton Wa 98059 Sale Price :$84,950 Use :002 Res,Single Family Residence Asd.V :$193,000 Lglr :LOT 40 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:1,290 Ac: .18 YB:1986 Ph:425-254-0737 # 36 * MetroScan / King * Owner :Hicks Michelle M Parcel # :252550 0410 05 Site :4314 NE 1St P1 Renton 98059 Sale Date:05/12/1999 Mail :4314 NE 1St P1 Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$176,000 Lgl , :LOT 41 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:4 Bth F3H:1/2 / Stories:1 B1dgSF:2,440 Ac: .22 YB:1986 Ph: Information compiled from various sources.Real Estate Solutions makes no representations # 37 * MetroScan / King * Owner :Stone C E Parcel # :252550 0420 03 Site :4308 NE 1St P1 Renton 98059 Sale Date:05/16/1986 Mail :PO Box 2401 Renton Wa 98056 Sale Price :$95, 950 Use , :002 Res,Single Family Residence Asd.V :$217,000 Lgl , :LOT 42 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:2 BldgSF:1,800 Ac: .19 YB:1986 Ph: # 38 * MetroScan / King * Owner :Saks Brian R & Jacqueline Parcel # :252550 0430 01 Site :152 Whitman Ct NE Renton 98059 Sale Date:09/15/1986 Mail :152 Whitman Ct NE Renton Wa 98059 Sale Price :$91,950 Use , :002 Res,Single Family Residence Asd.V :$206,000 Lgl , :LOT 43 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:1 BldgSF:2,280 Ac: .17 YB:1986 Ph: # 39 * MetroScan / King * Owner :James Edward N Parcel # :252550 0440 09 Site :156 Whitman Ct NE Renton 98059 Sale Date:04/29/1996 Mail :156 Whitman Ct NE Renton Wa 98059 Sale Price :$165,000 Full Use ' :002 Res,Single Family Residence Asd.V :$213,000 Lgl :LOT 44 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:4 Bth F3H:1/1 / Stories:1 BldgSF:2,440 Ac: .21 YB:1986 Ph: # 40 * MetroScan / King * Owner :Rosko Andrew Parcel # :252550 0450 06 Site :164 Whitman Ct NE Renton 98059 Sale Date:09/25/2002 Mail :164 Whitman Ct NE Renton Wa 98059 Sale Price :$270,000 Use :002 Res,Single Family Residence Asd.V :$218,000 Lgl , :LOT 45 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:2 BldgSF:1, 830 Ac: .20 YB:1986 Ph: # 41 * MetroScan / King * Owner :Sajous Renee Parcel # :252550 0460 04 Site :170 Whitman Ct NE Renton 98059 Sale Date:06/23/2000 Mail :170 Whitman Ct NE Renton Wa 98059 Sale Price :$249,950 Full Use :002 Res,Single Family Residence Asd.V :$213,000 Lgl :LOT 46 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:4 Bth F3H:1/2 / Stories:1 BldgSF:2,440 Ac: .19 YB:1986 Ph:425-235-6756 # 42 * MetroScan / King : * Owner :Boone William J & Lori S Parcel # :252550 0470 02 Site :176 Whitman Ct NE Renton 98059 Sale Date:12/19/1986 Mail :176 Whitman Ct NE Renton Wa 98059 Sale Price :$90,950 Use :002 Res,Single Family Residence Asd.V :$224,000 Lgl, :LOT 47 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:4 Bth F3H:2/1 / Stories:1 BldgSF:2,570 Ac: .17 YB:1987 Ph:425-235-1916 # 43 * MetroScan / King * Owner :Jamero Peter M Jr & Jovanne Parcel # :252550 0480 00 Site :179 Whitman Ct NE Renton 98059 Sale Date:02/04/1986 Mail :179 Whitman Ct NE Renton Wa 98059 Sale Price :$89, 950 Use, :002 Res,Single Family Residence Asd.V :$213,000 Lgl :LOT 48 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:2,440 Ac: .17 YB:1986 Ph:425-226-8524 # 44 * MetroScan / King Owner :Lo Nigel S C & Linda E Parcel # :252550 0490 08 Site :173 Whitman Ct NE Renton 98059 Sale Date:06/20/1986 Mail :173 Whitman Ct NE Renton Wa 98059 Sale Price :$91,950 Use :002 Res,Single Family Residence Asd.V :$213,000 Lgl, :LOT 49 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:2 BldgSF:1,700 Ac: .19 YB:1986 Ph: # 45 * MetroScan / King * Owner :Madaj Warren J/Paula J Parcel # :252550 0500 06 Site :167 Whitman Ct NE Renton 98059 Sale Date:10/15/1999 Mail :167 Whitman Ct NE Renton Wa 98059 Sale Price :$218,500 Full Use' :002 Res,Single Family Residence Asd.V :$205,000 Lgl :LOT 50 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:2,290 Ac: .18 YB:1986 Ph: Information compiled from various sources.Real Estate Solutions makes no representations # 46 * MetroScan / King * Owner :Cunningham James D Jr & Gail Parcel # :252550 0510 04 Site :161 Whitman Ct NE Renton 98059 Sale Date:04/01/1986 Mail :161 Whitman Ct NE Renton Wa 98059 Sale Price :$93, 980 Use :002 Res,Single Family Residence Asd.V :$213,000 Lgl :LOT 51 FERNWOOD NORTH Q:NW S:15 T:23N R:05E • Bedrm:4 Bth F3H:1/2 / Stories:1 BldgSF:2,410 Ac: .18 YB:1986 Ph:425-277-0902 # 47 * MetroScan / King * Owner :Lambert John A Parcel # :252550 0520 02 Site :155 Whitman Ct NE Renton 98059 Sale Date:04/14/1999 Mail :155 Whitman Ct NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$205,000 Lgl 'I :LOT 52 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:2,290 Ac: .17 YB:1986 Ph:425-255-8453 # 48 * MetroScan / King * Owner :Cutler George S/Colleen M Parcel # :252550 0530 00 Site :154 Vashon P1 NE Renton 98059 Sale Date:08/31/1992 Mail :154 Vashon P1 NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$213, 000 Lgl :LOT 53 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:1 BldgSF:2,440 Ac: .17 YB:1985 Ph:425-204-0890 # 49 * MetroScan / King * Owner :Cunanan Joseph M;Ebreo Emerita C Parcel # :252550 0540 08 Site :160 Vashon P1 NE Renton 98059 Sale Date:10/16/1998 Mail :5019 NE 18Th Ct Renton Wa 98059 Sale Price :Non-Disc Use :002 Res,Single Family Residence Asd.V :$208,000 Lgl :LOT 54 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:2,290 Ac: .17 YB:1985 Ph: # 50 * MetroScan / King * Owner :Marcellis Joanne C Parcel # :252550 0550 05 Site :166 Vashon P1 NE Renton 98059 Sale Date:03/11/1998 Mail :166 Vashon P1 NE Renton Wa 98059 Sale Price . Use , :002 Res,Single Family Residence Asd.V :$215,000 Lgl :LOT 55 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:2 BldgSF:1,740 Ac: .17 YB:1985 Ph:425-228-6388 # 51 * MetroScan / King * Owner :Huynh Thanh;+ Parcel # :252550 0560 03 Site :172 Vashon P1 NE Renton 98059 Sale Date:08/20/2001 Mail :7422 Rainier Ave S Seattle Wa 98118 Sale Price :$229,950 Use :002 Res,Single Family Residence Asd.V :$205, 000 Lgl :LOT 56 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:2,270 Ac: .20 YB:1985 Ph: # 52 * MetroScan / King * Owner :Erbeck Geoff A Parcel # :252550 0570 01 Site :178 Vashon P1 NE Renton 98059 Sale Date:11/21/2001 Mail :178 Vashon P1 NE Renton Wa 98059 Sale Price :$249, 000 Use :002 Res,Single Family Residence Asd.V :$213,000 Lgl :LOT 57 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:1 BldgSF:2,440 Ac: .17 YB:1985 Ph: # 53 * MetroScan / King * Owner :Schroeder Gordon & Marsha Parcel # :252550 0580 09 Site :183 Vashon P1 NE Renton 98059 Sale Date:12/26/1985 Mail :183 Vashon P1 NE Renton Wa 98059 Sale Price :$550 Use :002 Res,Single Family Residence Asd.V :$206,000 Lgl ; :LOT 58 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:2,290 Ac: .18 YB:1985 Ph: # 54 * MetroScan / King Owner :Haselfeld Keith M/Connie J Parcel # :252550 0590 07 Site :177 Vashon P1 NE Renton 98059 Sale Date:01/30/1991 Mail :177 Vashon P1 NE Renton Wa 98059 Sale Price :$140,000 Full Use , :002 Res,Single Family Residence Asd.V :$213,000 Lgl :LOT 59 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:1 BldgSF:2,440 Ac: .23 YB:1985 Ph: Information compiled from various sources.Real Estate Solutions makes no representations # 55 * MetroScan / King * Owner :Epperson Terry A Parcel # :252550 0600 05 Site :171 Vashon P1 NE Renton 98059 Sale Date:04/26/1999 Mail :171 Vashon P1 NE Renton Wa 98059 Sale Price :$70,100 Full Use :002 Res,Single Family Residence Asd.V :$215,000 Lgl :LOT 60 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:2 B1dgSF:1,740 Ac: .17 YB:1985 Ph: # 56 * MetroScan / King * Owner :Yuasa Takashi D/Camilla Parcel # :252550 0610 03 Site :165 Vashon P1 NE Renton 98059 Sale Date:08/15/1990 Mail :165 Vashon P1 NE Renton Wa 98059 Sale Price :$160,000 Full Use :002 Res,Single Family Residence Asd.V :$215,000 Lgl :LOT 61 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:2 B1dgSF:1,740 Ac: .17 YB:1985 Ph: # 57 * MetroScan / King * Owner :Salvatori Kelly/Susan Parcel # :252550 0620 01 Site :159 Vashon P1 NE Renton 98059 Sale Date:09/29/1999 Mail :159 Vashon P1 NE Renton Wa 98059 Sale Price :$214,900 Full Use :002 Res,Single Family Residence Asd.V :$213,000 Lgl :LOT 62 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:2 B1dgSF:1,700 Ac: .17 YB:1986 Ph:425-917-2301 # 58 * MetroScan / King * Owner :Parker Dina Parcel # :252550 0630 09 Site :4202 NE 1St P1 Renton 98059 Sale Date:02/21/2001 Mail :370 SE 13Th P1 North Bend Wa 98045 Sale Price . Use :002 Res,Single Family Residence Asd.V :$210,000 Lgl :LOT 63 FERNWOOD NORTH Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:1 B1dgSF:2,530 Ac: .18 YB:1986 Ph: # 59 * MetroScan / King * Owner :Fernwood North Homeowners A Parcel # :252550 0720 00 Site :*No Site Address* Renton Sale Date:05/07/1985 Mail :PO Box 2364 Renton Wa 98056 Sale Price . Use :300 Vacant,Residential Asd.V :$1,500 Lgl :LOT TRACT B FERNWOOD NORTH OPEN Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:1.51 YB: Ph: # 60 * MetroScan / King * Owner :Johnson Robert E Parcel # :518210 0012 03 Site :254 Union Ave SE Renton 98059 Sale Date:05/01/2001 Mail :254 Union Ave SE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$161,000 Lgl :LOT 1 MARTINS ACRE TRS UNREC S 66 Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories:1 B1dgSF:1,560 Ac: .45 YB:1950 Ph: # 61 * MetroScan / King * Owner :Faulkes Bradley J/Kathy L Parcel # :518210 0013 02 Site :326 Union Ave NE Renton 98059 Sale Date:02/29/2000 Mail :326 Union Ave NE #10 Renton Wa 98059 Sale Price :$500,000 Full r Use , :106 Off,Office Building Asd.V :$517,500 Lgl :LOT 1 MARTINS ACRE TRS UNREC N 100 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories:2 BldgSF:7,544 Ac: .67 YB:1979 Ph: # 62 * ▪ MetroScan / King Owner :Pillon Kenneth F & Carol A Parcel # :518210 0014 01 Site :316 1/2 Union Ave SE Renton 98059 Sale Date:06/03/1986 Mail :23815 141St Ln SE Kent Wa 98042 Sale Price :$46,500 Use :002 Res,Single Family Residence Asd.V :$74, 900 Lgl :LOT 1 MARTINS ACRE TRS UNREC LOT 2 Q:NW S:15 T:23N R:05E Bedrm:2 Bth F3H: /1 / Stories:1 B1dgSF:640 Ac: .45 YB:1928 Ph:253-639-9122 # 63 * ▪ MetroScan / King * Owner :Ribera-Balko Enterprises Family Limited Parcel # :518210 0020 03 Site :13221 128Th Ave NE Kirkland 98034 Sale Date:09/15/1992 Mail :16400 Southcenter Pkwy #308 Seattle Wa 98188 Sale Price . Use :309 Vacant,Commercial Asd.V :$1,127,500 Lgl :LOT 2 - 3 MARTINS ACRE TRS UNREC Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: B1dgSF: Ac:5.98 YB: Ph: Information compiled from various sources.Real Estate Solutions makes no representations # 64 * MetroScan / King * Owner :Ribera-Balko Enterprises Family Limited Parcel # :518210 0031 00 Site :4301 NE 4Th St Renton 98059 Sale Date:09/15/1992 Mail :13740 SE 246Th St Kent Wa 98042 Sale Price . Use :189 Pub,Postal Services Asd.V :$1,179, 000 Lgl :LOT 3 MARTINS ACRE TRS UNREC Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 BldgSF:12,000 Ac:3.22 YB:2001 Ph: # 65 * MetroScan / King * Owner :Hatch Janet Parcel # :518210 0039 02 Site :4405 NE 4Th St Renton 98059 Sale Date: Mail :4405 NE 4Th St Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$188,000 Lgl :LOT 4 MARTINS ACRE TRS UNREC N 1/2 Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories:1 B1dgSF:1,290 Ac: .53 YB:1952 Ph: # 66 * MetroScan / King * Owner :Denton James M Parcel # :518210 0041 08 Site :Se 128Th 136Th Ave SE Renton Sale Date:03/10/1987 Mail :4455 Tolt River Rd NE Carnation Wa 98014 Sale Price . Use :309 Vacant,Commercial Asd.V :$491,300 Lgl :LOT 4 MARTINS ACRE TRS UNREC LOT 2 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: B1dgSF: Ac:1.41 YB: Ph:425-333-5009 # 67 * MetroScan / King * Owner :Prather Susan E Parcel # :518210 0042 07* Site :12905 136Th Ave SE Renton 98055 Sale Date: Mail :12905 136Th Ave SE Renton Wa 98055 Sale Price . Use :002 Res,Single Family Residence Asd.V :$136,300 Lgl :LOT 4 MARTINS ACRE TRS UNREC S 1/2 Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories:1 BldgSF:2,120 Ac:2.29 YB:1960 Ph: # 68 * MetroScan / King * Owner :Woodall Rose Lee Parcel # :518210 0068 06 Site :*No Site Address* Renton Sale Date:12/19/1996 Mail :248 Union Ave NE Renton Wa 98059 Sale Price . Use :300 Vacant,Residential Asd.V :$81,000 Lgl :LOT 7 MARTINS ACRE TRS UNREC E 264 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:1.04 YB: Ph:425-255-9584 # 69 * MetroScan / King * Owner :Woodall Rose Lee Parcel # :518210 0069 05 Site :230 Union Ave NE Renton 98059 Sale Date:12/19/1996 Mail :248 Union Ave NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$158,000 Lgl :LOT 7 & 8 MARTINS ACRE TRS UNREC S Q:NW S:15 T:23N R:05E Bedrm:2 Bth F3H:1/ / Stories:1 B1dgSF:1,070 Ac: .91 YB:1949 Ph:425-255-9584 # 70 * MetroScan / King * Owner :Woodall Rose Lee Parcel # :518210 0069 05 Site :230 Union Ave NE Renton 98059 Sale Date:12/19/1996 Mail :248 Union Ave NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$158,000 Lgl :LOT 7 & 8 MARTINS ACRE TRS UNREC S Q:NW 5:15 T:23N R:05E Bedrm:l Bth F3H: /1 / Stories:1 B1dgSF:610 Ac: .91 YB:1949 Ph:425-255-9584 # 71 * MetroScan / King * Owner :Cronin Teresa A Parcel # :518210 0071 01 Site :4115 NE 2Nd P1 Renton 98059 Sale Date:12/08/1994 Mail :4115 NE 2Nd P1 Renton Wa 98059 Sale Price :$85,747 Full Use :002 Res,Single Family Residence Asd.V :$184,000 Lgl , :LOT 7-8 MARTINS ACRE TRS UNREC S Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:1,400 Ac: .23 YB:1978 Ph:425-228-5082 # 72 * MetroScan / King * Owner :Woodall Rose Lee Parcel # :518210 0080 00 Site :248 Union Ave NE Renton 98059 Sale Date:12/19/1996 Mail :248 Union Ave NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$229,000 Lgl :LOT 8 MARTINS ACRE TRS UNREC W 230 Q:NW S:15 T:23N R:05E Bedrm:2 Bth F3H:1/1 / Stories:1 BldgSF:1,670 Ac: .72 YB:1960 Ph:425-255-9584 Information compiled from various sources.Real Estate Solutions makes no representations , # 73 * MetroScan / King * Owner :Woodall Rose Lee Parcel # :518210 0081 09 Site :*No Site Address* Renton Sale Date:12/19/1996 Mail :Renton Sale Price . Use :300 Vacant,Residential Asd.V :$98, 000 Lgl :LOT 7 & 8 MARTINS ACRE TRS UNREC N Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: B1dgSF: Ac:1.49 YB: Ph: # 74 * MetroScan / King * Owner :Allard Jodi J Parcel # :518210 0082 08 Site :4207 SE 2Nd P1 Renton 98059 Sale Date:12/03/1998 Mail :4207 SE 2Nd P1 Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$201,000 Lgl :LOT 7 MARTINS ACRE TRS UNREC POR Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 /1 Stories:1 B1dgSF:2,230 Ac: .23 YB:1981 Ph: # 75 * MetroScan / King * Owner :Losch John H/Margaretta J Parcel # :518210 0083 07 Site :4213 NE 2Nd P1 Renton 98059 Sale Date:01/31/1991 Mail :4213 NE 2Nd P1 Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$205,000 Lgl :LOT 7 MARTINS ACRE TRS UNREC POR Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:2,180 Ac: .23 YB:1981 Ph:425-226-5252 # 76 * MetroScan / King * Owner :Li Ben S C;+ Parcel # :518210 0084 06 Site :4227 NE 2Nd P1 Renton 98059 Sale Date:07/02/2002 Mail :4227 NE 2Nd P1 Renton Wa 98059 Sale Price :$350, 000 Use :002 Res,Single Family Residence Asd.V :$315,000 Lgl :LOT 7 MARTINS ACRE TRS UNREC POR Q:NW S:15 T:23N R:05E Bedrm:4 Bth F3H:3/ / Stories:2 B1dgSF:2,850 Ac: .50 YB:1991 Ph: # 77 * MetroScan / King * Owner :Patrianca Salvador C Parcel # :518210 0085 05 Site :*No Site Address* Renton Sale Date:05/24/1984 Mail :27 59Th P1 SW Everett Wa 98203 Sale Price . Use :300 Vacant,Residential Asd.V :$1, 000 Lgl :LOT 7-8 MARTINS ACRE TRS UNREC POR Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .43 YB: Ph:425-348-6762 # 78 * MetroScan / King * Owner :Buttar Baljinder S/Rashpal K Parcel # :722700 0010 00 Site :4505 NE 4Th St #A Renton 98059 Sale Date:04/01/1997 Mail :13324 27Th Ave S Seattle Wa 98168 Sale Price :$315,000 Full Use :126 Off,Condominium Asd.V :$349,700 Lgl :LOT UNIT A RENTON HIGHLAND BSNS Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 B1dgSF:2,327 Ac: .56 YB:1995 Ph: # 79 * MetroScan / King * Owner :Nicholas Kim A Parcel # :722700 0020 08 Site :4505 NE 4Th St #B Renton 98059 Sale Date:07/05/1994 Mail :4501 NE 4Th St #B Renton Wa 98059 Sale Price :$435, 000 Use :126 Off,Condominium Asd.V :$400,200 Lgl :LOT UNIT B RENTON HIGHLAND BSNS Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 BldgSF:2,663 Ac: .56 YB:1995 Ph:425-226-9773 Information compiled from various sources.Real Estate Solutions makes no representations _—_—_---_---_—_—_---___ __ _—_N.E.4TH STREET � __ • Hh " I jj I II 'CALM 1%00' I , • • • M I I ® • co• • 1 I II ems' g,so { i 7 II • tt . a .w.e f c: $F,,,,• 'sans. ei 1 . 1 I I , • t 1 ! II • • Linn m �� ;1 • IR ME 1 I II • h • r .— (I� au6e • -• w« �I• :{ _V. !., ^, :'3t:,' v`.St, :t: s ' ,! a...--- r .11-.±.....mr. 4 :;`y' Ij-rec:.. , itF •; • • I_• • 1 .:: r , ,� 1 N 1 7Aa 'T f '1,,,,,,,,,,,.u3T ,r 4AK WT 59gIQAo. 9 *? iOY '�+3,.....7 .... 4AX LM Pan W4 4080 9d 34. 9000 30 / + i \ a E • I PROPERY MAP FOR VIUCO SITE'COMPREHENSIVE PLAN Tm R mps°E4s•••n DUN KIN LLC M a�M• �nr MO���•i - , AMENDMENT AND RZONE/PREZOPE _ � ••=0 I ?_ri PROPERTY OWNER-5050 Find Avenue.LLC 0 bM tY Ridp�LLC d J�nu�ry 2003) �, t go-en 8 _ Project Number 02054 GREG A. 3 PE Phone I I i TITLE DOCUMENTS (Proposed) "TYDICO SITE" COMPREHENSIVE PLAN AMENDMENT and REZONE/ PREZONE Compiled by Halinen Law Offices, P.S. (206)443-4684 December 13, 2002 LE Order No.: 10041272 Issued by • Transnation Tide Insurance Company OWNER'S POLICY OF TITLE INSURANCE RECEIVED `'` ::.. TRANSNATION .f�•..:j. :, •. SEP 0 4 201,1 HALINEN LAW OFFICES, PS, SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Transnation Title Insurance Company, an Arizona corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. U,nmarketability of the title; • 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. Transnation Title Insurance Company 'otE INSU,f r Attest: L� Secretary sErt it,t9l9 :'F f President ARItONA .. EXCLUSIONS FROM COVERAGE I1, : following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws,that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. • ALTA Owner's Policy 1992 (Revised 10/17/92) Page 1 of 4 NF.17.07.00;Sc No.: 11727 Valid Only If Schedules A and B,are Attached Order No.: 10041272 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS will not pay the fees of any other counsel. The Company will - The following terms when used in this policy mean: not pay any fees, costs or expenses incurred by the insured in (a) "insured": the insured named in Schedule A, and, subject to the defense of those causes of action which allege matters not any rights or defenses the Company would have had against insured by this policy. the named insured, those who succeed to the interest of the (b) The Company shall have the right, at its own cost, to institute named insured by operation of law as distinguished from and prosecute any action or proceeding or to do any other act purchase including, but not limited to, heirs, distributees, which in its opinion may be necessary or desirable to establish devisees, survivors, personal representatives, next of kin, or the title to the estate or interest, as insured, or to prevent or corporate or fiduciary successors. reduce loss or damage to the insured. The Company may take (b) "insured claimant": an insured claiming loss or damage. any appropriate action under the terms of this policy, whether (c) "knowledge" or "known": actual knowledge, not constructive or not it shall be liable hereunder, and shall not thereby knowledge or notice which may be imputed to an insured by concede liability or waive any provision of this policy. If the reason of the public records as defined in this policy or any Company shall exercise its rights under this paragraph, it shall other records which impart constructive notice of matters do so diligently. affecting the land. (c) Whenever the Company shall have brought an action or (d) "land": the land described or referred to in Schedule (A), and interposed a defense as required or permitted by the improvements affixed thereto which by law constitute real provisions of this policy, the Company may pursue any property. The term "land" does not include any property litigation to final determination by a court of competent beyond the lines of the area described or referred to in jurisdiction and expressly reserves the right, in its sole Schedule(A), nor any right, title, interest, estate or easement discretion,to appeal from any adverse judgment or order. in abutting streets, roads, avenues, alleys, lanes, ways or (d) In all cases where this policy permits or requires the Company waterways, but nothing herein shall modify or limit the extent to prosecute or provide for the defense of any action or to which a right of access to and from the land is insured by proceeding, the insured shall secure to the Company the right this policy. to so prosecute or provide defense in the action or proceeding, (e) "mortgage": mortgage, deed of trust, trust deed, or other and all appeals therein, and permit the Company to use, at its security instrument. option, the name of the insured for this purpose. Whenever (f) "public records": records established under state statutes at requested by the Company, the insured, at the Company's Date of Policy for the purpose of imparting constructive notice expense, shall give the Company all reasonable aid (i) in any of matters relating to real property to purchasers for value and action or proceeding, securing evidence, obtaining witnesses, without knowledge. With respect to Section 1(a) (iv) of the prosecuting or defending the action or proceeding, or effecting Exclusions From Coverage, "public records" shall also include settlement, and (ii) in any other lawful act which in the opinion environmental protection liens filed in the records of the clerk of the Company may be necessary or desirable to establish the of the United States district court for the district in which the title to the estate or interest as insured. If the Company is land is located. prejudiced by the failure of the insured to furnish the required (g) "unmarketability of the title": an alleged or apparent matter cooperation, the Company's obligations to the insured under affecting the title to the land, not excluded or excepted from the policy shall terminate, including any liability or obligation coverage, which would entitle a purchaser of the estate or to defend, prosecute, or continue any litigation, with regard to interest described in Schedule A to be released from the the matter or matters requiring such cooperation. obligation to purchase by virtue of a contractual condition 5. PROOF OF LOSS OR DAMAGE requiring the delivery of marketable title. In addition to and after the notices required under Section 3 of 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF these Conditions and Stipulations have been provided the Company, a TITLE proof of loss or damage signed and sworn to by the insured claimant The coverage of this policy shall continue in force as of Date of shall be furnished to the Company within 90 days after the insured Policy in favor of an insured only so long as the insured retains an estate claimant shall ascertain the facts giving rise to the loss or damage. The or interest in the land, or holds an indebtedness secured by a purchase proof of loss or damage shall describe the defect in, or lien or money mortgage given by a purchaser from the insured, or only so long encumbrance on the title, or other matter insured against by this policy as the insured shall have liability by reason of covenants of warranty which constitutes the basis of loss or damage and shall state, to the made by the insured in any transfer or conveyance of the estate or extent possible, the basis of calculating the amount of the loss or interest. This policy shall not continue in force in favor of any purchaser damage. If the Company is prejudiced by the failure of the insured from the insured of either (i) an estate or interest in the land, or (ii) an claimant to provide the required proof of loss or damage, the Company's indebtedness secured by a purchase money mortgage given to the obligations to the insured under the policy shall terminate, including any insured. liability or obligation to defend, prosecute, or continue any litigation, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT with regard to the matter or matters requiring such proof of loss or The insured shall notify the Company promptly in writing (i) in case damage. of any litigation as set forth in Section 4(a) below, (ii) in case knowledge In addition, the insured claimant may reasonably be required to shall come to an insured hereunder of any claim of title or interest which submit to examination under oath by any authorized representative of is adverse to the title to the estate or interest, as insured, and which the Company and shall produce for examination, inspection and copying, might cause loss or damage for which the Company may be liable by at such reasonable times and places as may be designated by any virtue of this policy, or(iii) if title to the estate or interest, as insured, is authorized representative of the Company, all records, books, ledgers, rejected as unmarketable. If prompt notice shall not be given to the checks, correspondence and memoranda, whether bearing a date before Company, then as to the insured all liability of the Company shall or after Date of Policy, which reasonably pertain to the loss or damage. terminate with regard to the matter or matters for which prompt notice Further, if requested by any authorized representative of the Company, is required; provided, however, that failure to notify the Company shall the insured claimant shall grant its permission, in writing, for any in no case prejudice the rights of any insured under this policy unless the authorized representative of the Company to examine, inspect and copy Company shall be prejudiced by the failure and then only to the extent all records, books, ledgers, checks, correspondence and memoranda in of the,prejudice. the custody or control of a third party, which reasonably pertain to the 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF loss or damage. All information designated as confidential by the INSURED CLAIMANT TO COOPERATE insured claimant provided to the Company pursuant to this Section shall (a) Upon written request by the insured and subject to the options not be disclosed to others unless, in the reasonable judgment of the contained in Section 6 of these Conditions and Stipulations, Company, it is necessary in the administration of the claim. Failure of the Company, at its own cost and without unreasonable delay, the insured claimant to submit for examination under oath, produce shall provide for the defense of an insured in litigation in which other reasonably requested information or grant permission to secure any third party asserts a claim adverse to the title or interest reasonably necessary information from third parties as required in this as insured, but only as to those stated causes of action paragraph shall terminate any liability of the Company under this policy alleging a defect, lien or encumbrance or other matter insured as to that claim. against by this policy. The Company shall have the right to 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; select counsel of its choice (subject to the right of the insured TERMINATION OF LIABILITY to object for reasonable cause) to represent the insured as to In case of a claim under this policy,the Company shall have the those stated causes of action and shall not be liable for and following additional options: ALTA Owner's Policy 1992 (Revised 10/17/92) Page 2 of 4 • Order No.: 10041272 CONDITIONS AND STIPULATIONS (continued) . (a) To Pay or Tender Payment of the Amount of Insurance under (a) If the Company establishes the title, or removes the alleged this policy together with any costs, attorneys' fees and defect, lien or encumbrance, or cures the lack of a right of expenses incurred by the insured claimant, which were access to or from the land, or cures the claim of authorized by the Company, up to the time of payment or unmarketability of title, all as insured, in a reasonably diligent tender of payment and which the Company is obligated to pay. manner by any method, including litigation and the completion Upon the exercise by the Company of this option, all liability of any appeals therefrom, it shall have fully performed its and obligations to the insured under this policy, other than to obligations with respect to that matter and shall not be liable make the payment required, shall terminate, including any for any loss or damage caused thereby. liability or obligation to defend, prosecute, or continue any (b) In the event of any litigation, including litigation by the litigation, and the policy shall be surrendered to the Company Company or with the Company's consent, the Company shall for cancellation. have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and (b) To Pay or Otherwise Settle With Parties Other than the Insured disposition of all appeals therefrom, adverse to the title as or With the Insured Claimant. insured. (i) to pay or otherwise settle with other parties for or in the (c) The Company shall not be liable for loss or damage to any name of an insured claimant any claim insured against insured for liability voluntarily assumed by the insured in under this policy, together with any costs, attorneys' fees settling any claim or suit without the prior written consent of and expenses incurred by the insured claimant which the Company. were authorized by the Company tip to the time of 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION payment and which the Company is obligated to pay; or OF LIABILITY (ii) to pay or otherwise settle with the insured claimant the All payments under this policy, except payments made for costs, loss or damage provided for under this policy, together attorneys' fees and expenses, shall reduce the amount of the insurance with any costs, attorneys' fees and expenses incurred by pro tanto. the insured claimant which were authorized by the 11. LIABILITY NONCUMULATIVE Company up to the time of payment and which the It is expressly understood that the amount of insurance under this Company is obligated to pay. policy shall be reduced by any amount the Company may pay under any Upon the exercise by the Company of either of the options provided policy insuring a mortgage to which exception is taken in Schedule B or for in paragraphs(b), (i) or(ii), the Company's obligations to the insured to which the insured has agreed, assumed, or taken subject, or which is under this policy for the claimed loss or damage, other than the hereafter executed by an insured and which is a charge or lien on the payments required to be made, shall terminate, including any liability or estate or interest described or referred to in Schedule A, and the amount obligation to defend, prosecute or continue any litigation. so paid shall be deemed a payment under this policy to the insured 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE owner. This policy is a contract of indemnity against actual monetary loss 12. PAYMENT OF LOSS or damage sustained or incurred by the insured claimant who has (a) No payment shall be made without producing this policy for suffered loss or damage by reason of matters insured against by this endorsement of the payment unless the policy has been lost or policy and only to the extent herein described. destroyed, in which case proof of loss or destruction shall be (a) The liability of the Company under this policy shall not exceed furnished to the satisfaction of the Company. the least of: (b) When liability and the extent of loss or damage has been (i) the Amount of Insurance stated in Schedule A; or, definitely fixed in accordance with these Conditions and (ii) the difference between the value of the insured estate or Stipulations, the loss or damage shall be payable within 30 interest as insured and the value of the insured estate or days thereafter. interest subject to the defect, lien or encumbrance 13. SUBROGATION UPON PAYMENT OR SETTLEMENT insured against by this policy. (a) The Company's Right of Subrogation. (b) In the event the Amount of Insurance stated in Schedule A at Whenever the Company shall have settled and paid a claim under the Date of Policy is less than 80 percent of the value of the this policy, all right of subrogation shall vest in the Company unaffected insured estate or interest or the full consideration paid for the by any act of the insured claimant. land, whichever is less, or if subsequent to the Date of Policy The Company shall be subrogated to and be entitled to all rights . an improvement is erected on the land which increases the and remedies which the insured claimant would have had against any value of the insured estate or interest by at least 20 percent person or property in respect to the claim had this policy not been over the Amount of Insurance stated in Schedule A, then this issued. If requested by the Company,the insured claimant shall transfer Policy is subject to the following: to the Company all rights and remedies against any person or property (i) where no subsequent improvement has been made as to necessary in order to perfect this right of subrogation. The insured any partial loss, the Company shall only pay the loss pro claimant shall permit the Company to sue, compromise or settle in the rata in the proportion that the amount of insurance at name of the insured claimant and to use the name of the insured Date of Policy bears to the total value of the insured claimant in any transaction or litigation involving these rights or estate or interest at Date of Policy: or remedies. (ii) where a subsequent improvement has been made, as to If a payment on account of a claim does not fully cover the loss of any partial loss, the Company shall only pay the loss pro the insured claimant, the Company shall be subrogated to these rights rata in the proportion that 120 percent of the Amount of and remedies in the proportion which the Company's payment bears to Insurance stated in Schedule A bears to the sum of the the whole amount of the loss. Amount of Insurance stated in Schedule A and the If loss should result from any act of the insured claimant, as stated amount expended for the improvement. above, that act shall not void this policy, but the Company, in that The provisions of this paragraph shall not apply to costs, attorneys' event, shall be required to pay only that part of any losses insured fees and expenses for which the Company is liable under this policy, and against by this policy which shall exceed the amount, if any, lost to the shall only apply to that portion of any loss which exceeds, in the Company by reason of the impairment by the insured claimant of the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. Company's right of subrogation. (c) The Company will pay only those costs, attorneys' fees and (b) The Company's Rights Against Non-insured Obligors. expenses incurred in accordance with Section 4 of these The Company's right of subrogation against non-insured obligors Conditions and Stipulations. shall exist and shall include, without limitation, the rights of the insured 8. APPORTIONMENT to indemnities, guaranties, other policies of insurance or bonds, If the land described in Schedule A consists of two or more parcels notwithstanding any terms or conditions contained in those instruments which are not used as a single site, and a loss is established affecting which provide for subrogation rights by reason of this policy. one or more of the parcels but not all, the loss shall be computed and --"led on a pro rata basis as if the amount of insurance under this policy I divided pro rata as to the value on Date of Policy of each separate :el,to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY ALTA Owner's Policy 1992 (Revised 10/17/921 Page 3 of 4 • Order No.: 10041272 CONDITIONS AND STIPULATIONS (continued) 14. ARBITRATION 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE Unless prohibited by applicable law, either the Company or the CONTRACT ,ured may demand arbitration pursuant to the Title Insurance (a) This policy together with all endorsements, if any, attached nitration Rules of the American Arbitration Association. Arbitrable hereto by the Company is the entire policy and contract matters may include, but are not limited to any controversy or claim between the insured and the Company. In interpreting any between the Company and the insured arising out of or relating to this provision of this policy, this policy shall be construed as a policy, any service of the Company in connection with its issuance or the whole. breach of a policy provision or other obligation. All arbitrable matters (b) Any claim of loss or damage, whether or not based on when the Amount of Insurance is $1,000,000 or less shall be arbitrated negligence, and which arises out of the status of the title to at the option of either the Company or the insured. All arbitrable the estate or interest covered hereby or by any action matters when the Amount of Insurance is in excess of$1,000,000 shall asserting such claim,shall be restricted to this policy. be arbitrated only when agreed to by both the Company and the insured. (c) No amendment of or endorsement to this policy can be made Arbitration pursuant to this policy and under the Rules in effect on the except by a writing endorsed hereon or attached hereto signed , date the demand for arbitration is made or, at the option of the insured, by either the President, a Vice President, the Secretary, an the Rules in effect at Date of Policy shall be binding upon the parties, Assistant Secretary, or validating officer or authorized The award may include attorneys' fees only if the laws of the state in signatory of the Company. which the land is located permit a court to award attorneys' fees to a 16. SEVERABILITY prevailing party. Judgment upon the award rendered by the In the event any provision of the policy is held invalid or Arbitrator(s) may be entered in any court having jurisdiction thereof. unenforceable under applicable law, the policy shall be deemed not to The law of the situs of the land shall apply to an arbitration under include that provision and all other provisions shall remain in full force the Title Insurance Arbitration Rules. and effect. A copy of the Rules may be obtained from the Company upon 17. NOTICES,WHERE SENT request. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to Consumer Affairs Department, 101 Gateway Centre Gateway One Richmond,VA 23235-5153. • ALTA Owner's Policy 1992 (Revised 10/17/92) Page 4 of 4 • Order No.: 10041272 TRANSNATION OWNER'S POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $945,000.00 Policy Number: 10041272 Premium: $1,628.00 Date of Policy: August 01, 2002 at 2:13 AM I. Name of Insured: 5050 First Avenue LLC, a Washington Limited Liability Company 2. The estate or interest in the land which is covered by this Policy is: A FEE SIMPLE ESTATE 3. Title to the estate or interest in the land is vested in: 5050 First Avenue LLC, a Washington Limited Liability Company 4. The land referred to on this Policy is described as follows: See Exhibit A attached hereto. • 4..4 .100eePe ~ter ey Authorized Signature ALTA Owner's Policy (10/17/92) Page 1 of 7 NF.15.18.03;SC No.: 11727 Order No.: 10041272 SCHEDULE B EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under Workmans' Compensation Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SPECIAL EXCEPTIONS: ALTA Owner's Policy (10/17/92) Page 2 of 7 Order No.: 10041272 SCHEDULE B (continued) 1. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 5182100049 Year Billed Paid Balance 2002 $3,507.08 $1,753.54 $1,753.54 (Covers Parcel A) 2. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 5182100051 Year Billed Paid Balance 2002 $1,854.26 $927.13 $927.13 3. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 5182100050 Year Billed Paid Balance 2002 $4,052.16 $2,026.08 $2,026.08 (Covers Parcel C) 4. Reservations contained in deed from the Northern Pacific Railroad Company, recorded June 20, 1900, under Recording No. 192430, as follows: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations, and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron for the purpose of exploring, developing and working the same. . ALTA Owner's Policy (10/17/92) Page 3 of 7 Order No.: 10041272 SCHEDULE B (continued) 5. ORDINANCE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 21, 1996 RECORDING NO.: 9606210966 REGARDING: SANITARY SEWER SERVICE AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES, AFFECTING SAID PREMISES AND OTHER PROPERTY 6. Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No. 5407391. 7. Hazardous Substances Certificate and Indemnity imposed by instrument recorded on March 17, 2000, under Recording No. 20000317000990. 8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TY H. RIBERA, AS HIS SEPARATE ESTATE, AS TO PARCELS A AND B, AND MCCANN ENTERPRISES, INC., A WASHINGTON CORPORATION, AS TO PARCEL C TRUSTEE: PACIFIC NORTHWEST TITLE INSURANCE COMPANY OF WASHINGTON, INC. BENEFICIARY: PACIFIC NORTHWEST BANK ADDRESS: 11100 N.E. 8TH , BELLEVUE, WA 98004 LOAN NO.: 1-12227-3 ORIGINAL AMOUNT: $800,000.00 DATED: MARCH 14, 2000 RECORDED: MARCH 17, 2000 RECORDING NO.: 20000317000989 9. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TY RIBERA TRUSTEE: WASHINGTON TITLE INSURANCE COMPANY, A CORPORATION BENEFICIARY: BOB MCCANN ORIGINAL AMOUNT: $200,000.00 DATED: MARCH 16, 2000 RECORDED: MARCH 17, 2000 RECORDING NO.: 20000317000991 (Covers Parcels A & B) ALTA Owner's Policy (10/17/92) Page 4 of 7 Order No.: 10041272 SCHEDULE B (continued) 10. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MCCANN ENTERPRISES, INC. TRUSTEE: WASHINGTON TITLE COMPANY, A CORPORATION BENEFICIARY: BOB MCCANN ORIGINAL AMOUNT: $200,000.00 DATED: MARCH 16, 2000 RECORDED: MARCH 17, 2000 RECORDING NO.: 20000317000992 (Covers Parcel C) 11. NOTICE OF VIOLATION: FILE NO.: E0000394 CODE NO.: 16.82.060,21A.24 RECORDED: JUNE 6, 2000 RECORDING NO.: 20000606000585 12. NOTICE OF VIOLATION: FILE NO.: E0000506 CODE NO.: KCC 16.04, 21A & 23, REVISED CODE OF WASHINGTON 19.27.020, 19.27.031, 19.27.040, 19.27.074 AND THE WASHINGTON ADMINISTRATIVE CODE 51-40-003 RECORDED: JANUARY 9, 2001 RECORDING NO.: 20010109001090 13. NOTICE OF HOUSING CODE VIOLATION: FILE NO.: E0000506 CODE NO.: 21A.08.060A, 21A.32.020, 21A.32.025, 21A.32.040, 21A.32.045, 21A.32.055 & 21A.32.065 RECORDED: FEBRUARY 9, 2001 RECORDING NO.: 20010209001156 14. NOTICE OF VIOLATION: FILE NO.: E0000506 CODE NO.: KCC 16.70, 16.04.010-050, 16.04.05025, 16.04.05053, 016.04.094 UBC 106.1 RECORDED: MAY 8, 2001 RECORDING NO.: 20010508000380 ALTA Owner's Policy (10/17/92) Page 5 of 7 • Order No.: 10041272 SCHEDULE B (continued) 15. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: 5050 FIRST AVENUE LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: MARK HODGES &ASSOCIATES, PS BENEFICIARY: LIBERTY RIDGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY ORIGINAL AMOUNT: $ 0.00 DATED: JULY 25, 2002 RECORDED: AUGUST 1, 2002 RECORDING NO.: 20020801001651 END OF EXCEPTIONS RBM/rm ALTA Owner's Policy (10/17/92) Page 6 of 7 Order No.: 10041272 EXHIBIT A PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; (ALSO KNOWN AS THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE NORTH 1/2 OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR ROAD; (ALSO KNOWN AS THE SOUTHERLY 1/2 OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; (ALSO KNOWN AS THE NORTH 1/2 OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF; EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF SAID TRACT 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • Order No.: 10041272 " ::.. TRANSNATION PRO FORMA ENDORSEMENT ATTACHED TO OWNER'S POLICY NO. 10041272 ISSUED BY TRANSNATION TITLE INSURANCE COMPANY The Company insures the Insured against loss which the Insured shall sustain by reason of damage to existing improvements, including lawns, shrubbery or trees resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals excepted from the description of the land or shown as a reservation in Schedule B. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and any prior endorsements, nor does it increase the face amount thereof. /***.°1-Z204ie By Authorized Signature CLTA Form 100.29 - Minerals, Surface Damage (Revised 9/10/93) Page 1 of 1 NF.13.53.00;SC No.: 11727 • J \ ` ' , ,_ ( 5- / \ 5' J • 1 , / ( ,- ( 1 The following copies of documents are number-tabbed to correlate • with the special exception n imbers, set\forth in the )preceding k Commitment for Title Insurance issued by,Trarisn�,tion Title. ) > ` ) I , / -Si \ , - L \ -\ 1 - ( ) J -- _ 1 . ',- , L ( l I) • • I- , I .1 - •1\ \ . k \ ) /^ � • / \ ./ -' > > . JF ( l • i i ^ \ J l ` - 1 . \ - ' I ( \ J / • _ \ / J / •\J_. I _ ( f \ \ -V — \ , ( J \ J-• - • 1 5) �, I \ i _/ 1 ( I ^ r _ k ~ , ) ) -\ —S i ). r 1 ( • 1 1 . ) k • i \ 1 . ,._ \ T' J ( ) \ . k i \ _ \ / ` l ( / \ k ) \ I .\ ) 1 ? (l , - , / ) \ / 1 ( � ( \ I \ 'S J //_ -- , ( ( J \ / i ( :, ( 1 I I / , / \ 1 � . / > > ( , I , i 'I l ) ( ' ( i - S I , J ( \ "N \� ) - 1 c r l / \ • j \ , \ \ I _ ), , J - / . ) / / - 1 \ ' i - . \ - ( S / \ , \ CERTIFICATE g WHEN RcCORDEO RETURN TO: I,the u;::cTsigned, Clerk of the K Office of the city_!:.k City of Renton, Wa hington,c that this is a true W' Renton Munic;i:I building 200 MilOvenue South and correct copy of ; ' 0 /' _ w Rent A 900FR us' C3 R. L Subscribed and S:. -.', • • T . of. fat& g9_4 .63 M �, - /) . • $ �j 1 Lu :c CITY OF RENTON, WASHINGTON t .3 l�j ORDINANCE NO. 4 612 M AN ORDINANCE OF THE CITY OF RENTON, WASHI NGTON, ~ 2 ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER DOWNS, AND MAPLEWOOD SUB-BASINS AND ESTABLISHING TEE AMOUNT OF THE CHARGE UPON 'CONNECTION TO THE FACILITIES. r THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN . 1 AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer • Service Special Assessment District for the area served by. the East 1 4) g Renton Sanitary Sewer Interceptor in the northeast quadrant of the - 5 ! City of Renton and a portion of its urban growth area within i t i VC unincorporated King County, which area is more particularly i ! i UP described in Exhibit "A" attached hereto. A map of the service C 1 ! area is attached as Exhibit "B." The recording of this document is j 1 1 , to provide notification of potential connection and interest I i charges. While this connection charge may be paid eat any time, the j i , i1 City does not require payment until such time as the parcel is I connected to and thus benefiting from the sewer facilities. The i property may be sold or in any other way change hands without 1 1 triggering the requirement, by the City, of payment of the charges .j { associated with this district. • 7 7 SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District and which properties 1 .r - ORDINANCE 4 612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per Unit Charge. New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge of $0.069 per square foot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "A" I IA and which boundary is shown on the map attached as Exhibit "B." 004 SECTION XII. In addition to. the aforestated charges, there 44) , shall be a charge of 4.11V per annum added to the Per Unit Charge. 1 The .interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. mP SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication'. PASSED BY THE .CITY COUNCIL this. ioth day of June 1996. Marilyn J etesen; City Clerk • L _ 2 4 { ORDNANCE 4612 APPROVED BY THE MAYOR this 10th day of June , 1996. 5744.44----721".4-4 ". Jes e Tanner, Mayor Approve as to form: Cutv-,424.‘e.P 211,0111.4,0".^2.00.— Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 ORD.576:5/20/96:as. LD C 0 r! 0 01 I 4 3 0 . Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON-EAST RENTON INTERCEPTOR Portions of Sections 8, 9, 10, 11, 14, 15, 16, 17, 21 and 22 all in Township 23N, Range 5E W.M. in King County,Washington Section 8,Township 23N,Range 5E W.M. All of that portion of Section 8, Township 23N, Range 5E W.M. lying East of the East right-of-way line of SR 405 and South of the following described line: Beginning at the intersection of the East line of said Section 8 with the centerline of NE 7th Street; thence Westerly along said centerline of NE 7th Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North line of the Southeast y4 of said Section 8; thence West along said North line to the East right-of-way line of SR 405 and the terminus of said line. Section 9,Township 23N, Range 5E W.M. 9-1 to All of that portion of Section 9, Township 23N, Range 5E W.M. lying South and p East of the following described line: Cn Beginning on the centerline of-NE 7th Street at its intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to its intersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast IA of said Section 9; thence East along said South line to its intersection with the centerline of Redmond Avenue NE;thence Northerly along said centerline to its intersection with the centerline of NE 10th Street; thence East along said centerline to the East line of said Section 9 and the terminus of said line. • j Section 10,Township 23N, Range 5E W.M. All of that portion of Section 10, Township 23N, Range 5E W.M. lying Southerly fi and Westerly of the following described line: Beginning on the West line of Section 10 at its intersection with the North line of the South lid of the North 1 of said Section 10; thence East along said North line to its intersection with the centerline of 142nd Avenue SE; thence Southerly . along said centerline to its intersection with the North line of the Southeast 1/4 of said Section 10; thence East along said North line to its intersection with the East line of said Section 10 and the terminus of said line. F:DATAW EM f 9¢•oT9b2AEvisEnsADLEGALd. • Legal Description of the Special Assessment District for the City of Renton-East Renton Interceptor Page 2 of 3 Section 11,Township 23N, Range 5E W.M. All of the Southwest y4 of Section 11,Township 23N, Range 5E W.M.. Section 14,Township 23N, Range 5E W.M. All of that portion of Section 14, Township 23N, Range 5E. W.M. described as • follows: All of the Northwest 1 4 of said section, together with the Southwest V4 of said section, except the South 1/2 of the Southeast 1/4 of said Southwest V4 and except the plat of McIntire Homesites and / of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82, Records of King County, Washington, and except the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Acre Tracts as recorded in the Book of Plats,Volume 16, Page 52. Records of King County, Washington, less i/z of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre Tracts, less 1 of tp the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of al the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less 4i the street adjacent to said portion of Tract 5, Block 2. r rp Section 15,Township 23N, Range 5E W.M. All of that portion of Section 15, Township 23N, Range 5E. W.M., except the • Southwest V4 of the Southwest 1/4 of the Southwest V4 of said section. Section 16,Township 23N, Range 5E W.M. • All of that portion of Section 16, Township 23N, Range 5E W.M., except that portion of the Southeast V4 of the Southeast V4 of the said Section 16 lying East of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats Volume 39. page 39, Records of King County Washington and its Northerly extension to the North line of said Southeast y4 of the Southeast 1/4 of the said } Section 16 and except that portion of said section lying Southerly of the Northerly right-of-way line of SR 1 69 (Maple Valley Highway). Section 17,Township 23N, Range 5E W.M. All of that portion of Section 17, Township 23N, Range 5E W.M., lying Northeasterly of the Northeasterly right-of-way of SR 169 (Maple Valley Highway) and Easterly of the East right-of-way line of SR-405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE lying • F3DATA1REArit92.0745021AEVISEDSAOLEr+ALda 1 - • Legal Description of the Special Assessment District for the City of Renton—East Renton interceptor Pa e 3 3 between the South line of the NE 3rd Street and the Northeasterly margin of SR 405. Section 21, Township 23N, Range 5E W.M. All that portion of Section 21, Township 23N, R 5E W.M. lying Northeasterly of the Northeasterly right-of-way line of SR 169 (Maple Valley Highway) and West of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats,volume 39, page 39, Records of King County,Washington. Section 22,Township 23N, Range 5E W.M. All of that portion of Section 22, Township 23N, Range 5E W.M. described as follows: All of the Northwest I of the Northeast 'A of said Section 22 lying Northerly of the tiCt Southerly line of the Plat of Maplewood Heights as recorded in the Book of Plats, volume 78, pages 1 through 4, Records of King County,Washington. tq Together with the North 227.11 feet of the West 97.02 of the Northeast 'A of the Northeast'A of said Section 22. CO G GD • • • 5 i • f ' • F:IpATAWEM192-0791DZREVLSEOSADLEIiALdoc MI Exhibit B EAST RENTON INTERCEPTOR • Special Assessment District Boundary f l Ma iiirdMI� _ !� �IL �� t _ to INN a _ im.sf: 1 SE ITIS lit fil"itt113 EV l' Artr rivi .,. ,, v-,--F,,,,,A ,,01,„ _-___),,'_...y-A4ip,--r-,44-11 , , ----viii,i, It ---1,,,,;„ ____._*7.0"-._ ‘,4,6,4,-,11,-; -, ,,,,T .,. . 7 • • ','1.: I VIrA;114'\4100ittegging!::___1 :4,117 r I 1 . p 4r41104 0.-f .1 iv 'vli r7Flir—'1 ' 1 '2-erA --- 1 $,1 #°:;:.7.0"IlL. Vak.r4 jOI rft'`- • i -t-#vArAdi vii--• 46:- 1 ,, i Al lems.issio-tV I 1 - 0:* isli '.". ; . IfilogLif. } 1 //11,1/ Kg *1 . 1 A it A-44.4geA: _ A Ar ,., A -I iii > >. �I/, lr A __A A/ 1A ' I�il .114",%, A all jr 1 1 i�i i Ar.,,t, '-- 1--- -- A It---1.4r1r4 Ai ..11 #,I I ! Ill '. r it.! / / I 'way?) Arviji ._-iii," V" ri%�����'0All ► %fr "Wit*IrAi Alie,iff-VilivAl 1 ifi I . i .- --tt--VIA P.-* ,i--,..14-4,A1A1 Arni i Al— , al, -A411111141- /--- rA /40;-0,.. .#11/6:6(ir--4_r_AAM-411/0 1 --..nz--.."-.- -.- .#--r..tiL If ei;- I 'OVA---, rdm‘' I, il......& v.,,,\iriAmil • ,41*.4,,Als _ I • :4$4 ,iiii. rirkir ---4-44„__, 41 40411) • '— Cis4' " , \'41 , i Intl et AN 1:;11.... lit ' Mw iti sIllci I "'g 0 2000 , rquitii 1 /C-- r M � f . ._.) 1:24,000 Y . SANITARY SEWERS ' v�• Ctty limits • + hamming/But' ng/Public Works m2"f.2 Specid Assessment Distrid i '` Clristemen,MacOnie,Yiuteski Y•. .)' 20 May 1996 i t ) • Ant McCann.• i. •�Qi.j �- _` l _ . .. LG�._ ',,,E.. 13415 - S.E.128ti, • Renton QUITCLAIM DEED RAY 377 ' ..f., �' The grantor herein AIt? t s:AIm .AED..LILLLAN M. 11eCA.'[ll. bit .tdfe ! VC . ; for the consideration of Dollars • • .I and also of benefits to accrue to `f by reason of laying cut and establishing a public road • • II through.... ``'^'=•. •• •.•property, and which is hereinafter describes, convey.... . release.. . , and quit- 'l claim to the County of ... ....i'.ing, . ........... .... . State of Washington,for use of ' • the Public forever,as a public road and highway,all interest in the following described real estate, viz.: i• The East 30-ft. of the N.f of the S.E.}of the N.W.}of the N.W.}of Section 15, Twp. 23 N., R. 5 E.W.M. EXCEPT the East 7 ft. 5 inches thereof For rood. • • R/W 136th Ave. S.E. (south of S.E. 128th St.) • together with the right to make all necessary slopes for cuts and fills upon the abutting property,and on each • aide of said described right-of-way,in conformity with standard plans and specifications for highway purposes, i • and to the same extent and purpose as if the rights herein granted bad been acquired by condemnation proceed- . Inge under Eminent Domain statutes of the State of Washington, • situated in the County of...... . ..�9.. :.-. .State of Washateton. Dated this . . % day of... ... ..t e$tsw s-I ... .. ..A.D.19.�-Z- 11 WITNESS: • • •. i! "f— (•'7 / , ``t l fl1.. •. , et tt't t..h .- , fir•. < STATE OF WASHINGTON i l . 1 ' COUNTY OF....X;mg. J �� ii is on the Ste day.of March . ;y 01 s_. a \•-•, . s•,::•;.• c II - . ;i as alai for the't.et'•of Washington.duly cunituis.ssoned and sworn,personally came ART MC CANN AN:? .i . _ , ii II :11.T IA `I. :!C LA'v`i to me known to be the individuap deseri►►ed in and ,, :i 1 ,•ceruted the ,.:thin w.triauent and aestiti,r:ed„Ad to :ue that they signed and sealed the same as • t heir free and ,oluntuirs out and deed for the uses and p'arpose5 therein mentioned. ., ;•� ---.'Cr. Witness my hand and offie:al Real the day and year first above written. s, " • • • ` I! N.'dry l'•il•L.- :n and for the State if Washington.residing at t •�Y� ... . . I:; a - cii CZ •' :Y I - • C: is ) c 8 w — �._- 1; x rn ,u U I' u - , x Qo i - • .m.o\ _ 9 RETURN ADDRESS: PACIFIC NORTHWEST BANK LOAN SERVICE CENTER 1111 THIRD AVE,SUITE 250 SEATTLE,WA 98101 i HHhhI In '�0003 7000990 PACIFIC NWTIT IERZ 14 M 93/CI 17//221M9 11.OF 443 KING COUNTY, MA tVi HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY FILED BY PNWI 39°40 Reference#(if applicable)* Additional on page Grantor(s) 1 RIBERA, TY H rn 2 McCANN ENTERPRISES, INC ar, o Grantee(s)/Assignee/Beneficiary cmr o Pacific Northwest Bank, Beneficiary PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC, Trustee Legal Description* NW 114, 15-23-05 Additional on page 2 Assessor's Tax Parcel ID# 518210-0049-00. 518210-0051-05. 518210-0050-06 lc= THIS HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT DATED MARCH 14, 2000, ES MADE BY TY H. RIBERA*whose address Is 17939 CEDAR GROVE ROAD, MAPLE VALLEY, WA 98038-6220 and McCANN ENTERPRISES, INC., whose address Is 13029 136TH AVENUE SE, RENTON, WA 98055, vested as TY H. RIBERA, as his separate estate, as to Parcels A and B, and McCANN ENTERPRISES, INC., a Washington corporation, as to Parcel C (referred to below Individually and collectively sometimes as "Grantor" and sometimes as "Indemnitor"), TY H RIBERA (sometimes referred to below as "Borrower" and sometimes as "Indemnitor"), and Pacific Northwest Bank (referred to below as "Lender"). *Who acquired title as TY RIBERA - i • 03-14-.2004IAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY Page 2 Loan No 1-12227-3 (Continued) For good and valuable consideration and to Induce Lender to make a Loan to Borrower, each party executing this Agreement hereby represents and agrees with Lender as follows: DEFINITIONS The following words shall have the following meanings when used in this Agreement All references to dollar amounts shall mean amounts in lawful money of the United States of America Agreement. The word Agreement"means this Hazardous Substances Certificate and Indemnity Agreement,as this Hazardous Substances Certificate and Indemnity Agreement may be modified from time to time, together with all exhibits and schedules attached to this Hazardous Substances Certificate and Indemnity Agreement Borrower. The word"Borrower"means individually and collectively TY H RIBERA Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the emAronment,including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U S C Section 9601,et seq ("CERCtA"),the Superfund Amendments and Reauthorization Act of 1986,Pub L No 99-499 ("SARA"),the Hazardous Materials Transportation Act,49 U S C Section 1801,et seq,the Resource Conservation and Recovery Act,42 U S C Section 6901,et sect,and other applicable state or federal laws,rules, or regulations adopted pursuant to any of the foregoing Grantor The word"Grantor"means individually and collectively TY H RIBERA and McCANN ENTERPRISES,INC Hazardous Substance The words "Hazardous Substance" are used In their very broadest sense and refer to materials that,because of their quantity,concentration or physical chemical or Infectious characteristics,may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of,generated, manufactured,transported or otherwise handled "Hazardous Substances"include without kmitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the o Environmental Laws "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos CT) Indemnitor The word "Indemnitor" means individually and collectively all Borrowers and Grantors executing this — Agreement 5 Lender The word'Lender"means Pacific Northwest Bank,its successors and assigns Loan The word'Loan"or'Loans"means and includes without limitation any and all commercial loans and financial accommodations from Lender to Borrower, whether now or hereafter existing, and however evidenced, including M without limitation those loans and financial accommodations described herein or described on any exhibit or schedule attached to this Agreement from time to lime Occupant The word"Occupant"means individually and collectively all persons or entities occupying or utilizing the Property,whether as owner,tenant,operator or other occupant CD CD Property The word"Property'means the following described real property,and all Improvements thereon located In cv KING County,the Slate of Washington PARCEL A The south 110 feet of the east 216 feet of the following described property The north half of the southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North,Range 6 East,W M,in king County,Washington,EXCEPT the east 37 6 feet thereof for road (ALSO KNOW AS the south 110 feet of the east 215 feet of the north half of Tract 6,Martin Acre Tracts, according to the unrecorded plat thereof) PARCEL B The south half of the southeast quarter of the northwest quarter of the northwest quarter of Section 15,Township 23 North,Range 6 East,W M,In King County,Washington;EXCEPT the easterly 7.6 feel for road, (ALSO KNOWN AS the southerly half of Tracts 5 and 6,Martin Acre Tracts,according to the unrecorded plat thereof). PARCEL C The north half of the southeast quarter of the northwest quarter of the northwest quarter of Section 15,Township 23 North,Range 6 East,W M,in King County,Washington, EXCEPT the east 376 feet thereof for road,AND EXCEPT the south 110 feet of the east 216 feet of the remainder. (ALSO KNOWN AS the north half of Tracts 5 and a,Martin Acre Tracts,according to the unrecorded plat thereof,EXCEPT the south 110 feet of the east 215 feet of said Tract 5). • The Real Property or its address is commonly known as 13029 136TH AVENUE SOUTHEAST, RENTON, WA 98059. The Real Property tax identification number is 518210-0049-00, 518210-0051-05, 618210-0050-06 03-14-200MAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY Page 3 Loan No 1-12227-3 (Continued) REPRESENTATIONS The following representations are made to Lender,subject to disclosures made and accepted by Lender in writing, Use Of Property. After due inquiry and investigation, Borrower and Grantor have no knowledge, or reason to believe, that there has been any use, generation, manufacture, storage, treatment, refinement, transportation, disposal,release,or threatened release of any Hazardous Substance by any person on,under,or about the Property Hazardous Substances After due inquiry and investigation,Borrower and Grantor have no knowledge,or reason to believe,that the Property,whenever and whether owned by previous Occupants,has ever contained asbestos,PCB or other Hazardous Substances,whether used in construction or stored on the Property No Notices. Indemnitor has received no summons,citation,directive,letter or other communication,written or oral, from any agency or department of any county or state or the U S Government concerning any Intentional or unintentional action or omission on,under,or about the Property which has resulted in the releasing,spiting,leaking, pumping, pouring,emitting, emptying or dumping of Hazardous Substances Into any waters or onto any lands or where damage may have resulted to the lands,waters,hsh,shellfish,wildlife,biota,air or other natural resources AFFIRMATIVE COVENANTS Subject to disclosures made and accepted by Lender In writing, Indemnitor hereby covenants with Lender as follows Use Of Property Indemnitor will not use and does not Intend to use the Property to generate,manufacture,refine, transport,treat,store,handle or dispose of any Hazardous Substances Compliance with Environmental Laws Indemnitor shall cause the Property and the operations conducted thereon to comply with all Environmental Laws and orders of any governmental authorities having jurisdiction under any Environmental Laws and shall obtain,keep in effect and comply with all governmental permits and authorizations required by Environmental Laws with respect to such Property or operations Indemnitor shall furnish Lender with copies of all such permits and authorizations and any amendments or renewals thereof and shall nobly Lender of any expiration or revocation of such permits or authorizations Preventive, Investigatory and Remedial Action Indemnitor shall exercise extreme care In handling Hazardous Substances if Indemnitor uses or encounters any Indemnitor,at Indemnitors expense,shall undertake any and all preventive,investigatory or remedial action(including emergency response,removal,containment and other remedial action) (a) required by any applicable Environmental Laws or orders by any governmental authority having jurisdiction under Environmental Laws,or (b)necessary to prevent or minimize property damage(including damage to Occupant's own property),personal injury or damage to the environment,or the threat of any such damage or injury, by releases of or exposure to Hazardous Substances in connection with the Property or operations of any Occupant on the Property In the event Indemnitor fails to perform any of Indemnitor's obligations under this section of the Agreement,Lender may(but shall not be required to)perform such obligations at Indemnitor's expense All such costs and expenses incurred by Lender under this section and otherwise under this Agreement shall be reimbursed by Indemnitor to Lender upon demand with interest at the Loan default rate, or In the absence of a default rate,at the Loan interest rate Lender and Indemnitor intend that Lender shall have full recourse to Indemnitor for any sum at any lime due to Lender under this Agreement In performing any such obligations of Indemnitor, Lender shall at all times be deemed to be the agent of Indemnitor and shall not by reason of such performance be deemed to be assuming any responsibility of Indemnitor under any Environmental Law or to any third party o Indemnrtor hereby irrevocably appoints Lender as tndemnitors attorney-In-fact with full power to perform such of Indemnitor's obligations under this section of the Agreement as Lender deems necessary end appropriate cv Notices. Indemnitor shall immediately notify Lender upon becoming aware of any of the following (a) Any spill,release or disposal of a Hazardous Substance on any of the Property,or in connection with any of Its operations rf such spill,release or disposal must be reported to any governmental authority under applicable Environmental Laws (b) Any contamination,or imminent threat of contamination,of the Property by Hazardous Substances,or any violation of Environmental Laws in connection with the Property operations conducted on the Property (c) Any order,notice of violation,fine or penalty or other similar action by any governmental authority relating to Hazardous Substances or Environmental Laws and the Property or the operations conducted on the Property (d) Any judicial or administrative investigation or proceeding relating to Hazardous Substances or Environmental Laws and to the Property or the operations conducted on the Property (e) Any matters relating to Hazardous Substances or Environmental Laws that would give a reasonably prudent Lender cause to be concerned that the value of Lender's security interest in the Property may be reduced or threatened or that may impair,or threaten to impair, Indemnitor's ability to perform any of its obligations under this Agreement when such performance is due Access to Records Indemnitor shall deliver to Lender,at Lender's request, copies of any and all documents In Indemnitors possession or to which it has access relating to Hazardous Substances or Environmental Laws and the Property and the operations conducted on the Property,including without limitation results of laboratory analyses,site assessments or studies,environmental audit reports and other consultants'studies and reports - 03-14-200 IAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY Page 4 Loan No 1-12227-3 (Continued) Inspections Lender reserves the right to inspect and investigate the Property and operations thereon at any time and from time to time, and Indemnitor shall cooperate fully with Lender In such inspection and investigations If Lender at any time has reason to believe that Indemnitor or any Occupants of the Property are not complying with all applicable Environmental Laws or with the requirements of this Agreement or that a materiel spill,release or disposal of Hazardous Substances has occurred on or under the Property,Lender may require Indemnitor to furnish Lender at indemnitor's expense an environmental audit or a site assessment with respect to the matters of concern to Lender Such audit or assessment shall be performed by a qualified consultant approved by Lender Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Indemnitor or to any other person INDEMNITOR'S WAIVER AND INDEMNIFICATION. Indemnitor hereby Indemnifies and holds harmless Lender and Lender's officers, directors, employees and agents,and Lender's successors and assigns and their officers, directors, employees and agents against any and all claims demands, losses, liabilities, costs and expenses (including without iodation attorneys'fees at trial and on any appeal or petition for review)Incurred by such person (a)arising out of or relating to any investigatory or remedial action involving the Property,the operations conducted on the Property or any other operations of Indemnrtor or any Occupant and required by Environmental Laws or by orders of any governmental authority having junsdiction under any Environmental Laws, or (b) on account of injury to any person whatsoever or damage to any property arising out of, In connection with, or in any way relating to (I) the breach of any covenant contained in this Agreement, (a) the violation of any Environmental Laws, (NI)the use,treatment,storage,generation, manufacture, transport, release, spill disposal or other handling of Hazardous Substances on the Property, (iv) the contamination of any of the Property by Hazardous Substances by any means whatsoever(including without limitation any presently existing contamination of the Property), or (v)any costs Incurred by Lender pursuant to this Agreement In addrhon to this indemnity, Indemnitor hereby releases and waives all present and future claims against Lender for indemnity or contnbution In the event Indemnitor becomes liable for cleanup or other costs under any Environmental Laws PAYMENT FULL RECOURSE TO INDEMNITOR Lender and Indemnitor Intend that Lender shall have full recourse to Indemnitor for Indemnitor's obligations hereunder as they become due to Lender under this Agreement Such liabilities, losses,claims,damages and expenses shall be reimbursable to Lender as Lender's obligations to make payments with respect thereto are incurred,without any requirement of waiting for the ultimate outcome of any litigation,claim or other cz, proceeding,and Indemnitor shall pay such liability,losses,claims,damages and expenses to Lender as so incurred within cn thirty(30)days after written notice from Lender Lender's notice shall contain a brief itemization of the amounts Incurred to rn the date of such notice In addition to any remedy available for failure to pay periodically such amounts,such amounts shall thereafter bear interest at the Loan default rate,or in the absence of a default rate,al the Loan interest rate o SURVIVAL The covenants contained in this Agreement shall survive (a)the repayment of the Loan, (b)any foreclosure, n' whether judicial or nonjudiciat, of the Property,and (c)any delivery of a deed in lieu of foreclosure to Lender or any successor of Lender The covenants contained in this Agreement shall be for the benefit of Lender and any successor to c+7 Lender,as holder of any security interest in the Property or the indebtedness secured thereby,or as owner of the Property c following foreclosure or the delivery of a deed in lieu of foreclosure MISCELLANEOUS PROVISIONS The following miscellaneous provisions are a part of this Agreement ra Applicable Law ThIs Agreement has been delivered to Lender and accepted by Lender In the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington Attorneys'Fees,Expenses Indemnitor agrees to pay upon demand ant of Lender's costs and expenses,including attorneys'fees and Lender's legal expenses,incurred In connection with the enforcement of this Agreement Lender may pay someone else to help enforce this Agreement, and Indemnitor shall pay the costs and expenses of such enforcement Costs and expenses include Lender's attorneys'fees and legal expenses whether or not there is a lawsuit,including attorneys'fees and legal expenses for bankruptcy proceedings(and including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services Indemnitor also shall pay all court costs and such additional tees as may be directed by the court Severability If a court of competent junsdiction finds any provision of this Agreement to be Invalid or unenforceable as to any person or circumstance,such finding shall not render that provision Invalid or unenforceable as to any other persons or circumstances If feasible,any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity,however,if the offending provision cannot be so modified,It shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable Waivers and Consents. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver Is in writing and signed by Lender No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other right A waiver by any party of a provision of this Agreement shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision No prior waiver by Lender, nor any course of dealing between Lender and Indemnitor, shah constitute a waiver of any of Lender's rights or any of Indemnitor's obligations as to any future transactions Whenever consent by Lender is required in this Agreement,the granting of such consent by Lender In any instance � p r 03-14-200t}IAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY Page 5 Loan No 1-12227-3 (Continued) shall not constitute continuing consent to subsequent Instances where such consent is required Indemndor hereby waives notice of acceptance of this Agreement by Lender EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS AGREEMENT,AND H AGREES TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS AGR r= 7 EFFE IVE. INDEMNITOR y /� X BY: TY -IBERA .RIBERA,President INDEMNIT X RIBERA LENDER. Pacific Northwest Bank BY Aut o zed Officer z� t INDIVIDUAL ACKNOWLEL r%mcv,oN , • �/ c' Ica;�NOTARY 1.1,i i c' STATE OF }�t�ASH%r/c�� ) :0 0 o o )Bs PUMP • '> o� COUNTY OF / 1 I. `••••,;3 fl `•• ,`\,0Fw.,`�= m Amok On.this day before me,the undersigned Notary Public,personally appeared TY H RIBERA, personally known to me or proved to me on the basis of satisfactory evidence to be the Ind1Wdual described in and who executed the Hazardous o Substances Certificate and Indemnity Agreement,and acknowledged that he or she signed the Agreement as his or her free o and voluntary act and deed,for the uses and purposes therein mentioned cv Given under my hand and official seal this /50( day of C/i By_—A4KhC 4444./ Z Residing at 5S#90CJr40✓. )41A Notary Public In and for the State of_W 45/4'..t/fre,r✓ My commission expires GnrolZool 03-14-200HAZARDOUSSUBSTANCES CERTIFICATE AND INDEMNITY Page 6 Loan No 1-12227-3 (Continued) CORPORATE ACKNOWLEDGMENT STATE OF Well$ //.JG7oYY— ) pN E q 1 )sa i 4? • r• +-ilt COUNTY OF j)/AG J i��:4. te, t<` 1 y•.o Np7ARY 15. �j :oj On this 15n` day of .�/eG'/� 2000 ,hive me, u rs anew Public, personally appeared TY H.RIBERA,President of McCANN ENTERPRISES,INC erpn013 kRpar or proved to me on the basis of satisfactory evidence to be an authonzed agent of the corp toe!' -Hazardous Substances Certificate and Indemnity Agreement and acknowledged the Agreement to h ntary act and deed of the corporation, by authonty of its Bylaws or by resolution of its board of di '40Mf171 uses and purposes therein mentioned nd on oath stated that he she is authorized to execute this Agreement and in fact executed the Agreement on behalf corporationaeAd //// • Residing at /55#Q '42d NA. Notary Public In and for the State of My commission expires 6/30/20'ei INDIVIDUAL ACKNOWLEDGMENT STATE OF y�ASH/'vist►'✓ ) :P�Og10N�� eq'f��1 Q';'moo tf COUNTY OF 1/�G' ) i •p�NOS •Y : Pus rn On this day before me,the undersigned Notary Public,personally appeared TY H. -'- .; p - • n to me or rn proved to me on the basis of satisfactory evidence to be the individual described c y •' • • ; .� •Jive Hazardous a Substances Certificate and Indemnity Agreement,and acknowledged that he or she signs \Aq , ' gptss his or her free and voluntary act and deed,for the uses and purposes therein mentioned Given2 tinder y hand and official seal this /5 day of � sif/ � c''2 By �r<""Aw Residing at l.S.•ito dA/k i'/i4 f. Notary Public In end for the State of i( 451144 Mei My commission expires 4/80/2.:00', O _ ) 03-14-200siAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY Page 7 Loan No 1-12227-3 (Continued) `�,,`` Y oni.�c'' LENDER ACKNOWLEDGIIN gr4, bis, NO ► STATE OF �)tt— COUNTY OF • 1' 1_Ct ) 080. +.0•4 �iN0M0q����► On this44k ay of 20�, before me,the un tx MNotary Public,personalty appeared and p natty known to me or proved to me on the basis of satisfactory evidence to a the t t e v't ,authorized agent for the Lender that executed the wtthin and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of the said tender, duly authorized by the Lender through its board of directors or otherwise,for the uses and purposes therein mentioned,and on oath stated that he or s a zed to execute his said instrument and that the seal affixed Is the corporate seal of said Le BY Residing at (? e Notary Public In end for the State of My commission expires 1 I If � LASER PRO,Reg U S Pat 8 T M Off,Mar 3 28c(e)2000 CFI ProServices,Inc All rights reserved)WA-0210 E3 28 F3 28 RIBERATY LN) O C) f7) O f=s Cr) O O C7 N PHilE.R1 �A �> RETURN ADDRESS: PACIFIC NORTHWEST BANK LOAN SERVICE CENTER 1111 THIRD AVE,SUITE 2b0 SEATTLE,WA 96101 f!I '; j 11il I 1111111111 20 003 7000989 PPpAp� iNCIF TITS T IS OS 03/17/ 0! 11:43 KING C TY, WA FILED BY PNWT '� DEED OF TRUST Iti �� Reference#(If applicable):��� Additional on page Grantor(s)• 00 1 RIBERA, TY H 2. McCANN ENTERPRISES, INC. o Grantee(s)/Assignee/Beneficiary: Pacific Northwest Bank, Beneficiary PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC, Trustee Legal Description' NW 1/4, 15-23-05 Additional on page 2 o Assessor's Tax Parcel ID# 518210-0049-00. 518210-0051-05: 518210-0050-06 THIS DEED OF TRUST IS DATED MARCH 14, 2000, among TY H. RIBERA*whose address is 17939 CEDAR GROVE ROAD, MAPLE VALLEY, WA 98038-6220 and MCCANN ENTERPRISES, INC., whose address Is 13029 136TH AVENUE SE, RENTON, WA 98055, vested as TY H. RIBERA, as his separate estate, as to Parcels A and B, and McCANN ENTERPRISES, INC., a Washington corporation, as to Parcel C (referred to below individually and collectively as "Grantor"); Pacific Northwest Bank, whose mailing address Is 11100 NE eth, Bellevue, WA 98004 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC., whose mailing address Is 215 COLUMBIA STREET, SEATTLE, WA 98104 (referred to below as 'Trustee"). * Who acquired title as TY RIBERA 03-14-2000 DEED OF TRUST Page 2 Loan No 1-12227-3 (Continued) CONVEYANCE AND GRANT. For valuable consideration,Grantor conveys to Trustee In trust with power of sale, right of entry and possession and for the benefit of Lender as Beneficiary,all of Grantor's right,title,and interest in and to the following descnbed real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures, at easements, rights of way, and appurtenances, at water, water rights and ditch nghts (Including stock in utilities with ditch or Irrigation rights), and all other rights, royalties, and profits relatingto the real property,including without limitation all minerals,oil,gas,geothermal and similar matters,locaed In KIN County, State of Washington (the "Real Property"): PARCEL A' The south 110 feet of the east 215 feet of the following described property The north half of the southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North,Range 5 East,W.M.,In king County,Washington;EXCEPT the east 37 5 feet thereof for road (ALSO KNOW AS the south 110 feet of the east 216 feet of the north half of Tract 5,Martin Acre Tracts, according to the unrecorded plat thereof). PARCEL B The south half of the southeast quarter of the northwest quarter of the northwest quarter of Section 15,Township 23 North,Range 5 East,W.M,In King County,Washington,EXCEPT the easterly 7.5 feet for road, (ALSO KNOWN AS the southerly half of Tracts 6 and 6,Martin Acre Tracts,according to the unrecorded Q' plat thereof) co o PARCEL C The north half of the southeast quarter of the northwest quarter of the northwest quarter of Section 15,Township 23 North,Range 5 East,W M.,in King County,Washington; EXCEPT the east 375 o feet thereof for road,AND EXCEPT the south 110 feet of the east 215 feet of the remainder (ALSO KNOWN AS the north half of Tracts 5 and 6,Martin Acre Tracts,according to the unrecorded plat c r) thereof,EXCEPT the south 110 feet of the east 216 feet of said Tract 6) 0 The Real Property or Its address is commonly known as 13029 136TH AVENUE SOUTHEAST, RENTON, WA 98059. The Real Property tax identification number Is 518210`0049-00.518210-0051-05,518210-0050-06 N Grantor hereby assigns as security to Lender,all of Grantor's right,title,and Interest In and to at leases,Rents,and profits of the Property This assignment is recorded In accordance with RCW 655 08.070,the hen created by this assignment Is Intended to be specific,perfected and choate upon the recording of this Deed of Trust Lender grants to Grantor a license to collect the Rents and profits,which license may be revoked at Lender's option and shall be automatically revoked upon acceleration of all or part of the Indebtedness DEFINITIONS The following words shall have the following meanings when used In this Deed of Trust Terms not otherwise defined in this Deed of Trust shall have the meanings attnbuted to such terms in the Uniform Commercial Code All references to dollar amounts shall mean amounts in lawful money of the United Slates of America Beneficiary. The word"Beneficiary"means Pacific Northwest Bank,its successors and assigns Pacific Northwest Bank also is referred to as tender"in this Deed of Trust Borrower The word'Borrower"means each and every person or entity signing the Note,including without limitation TY H RIBERA Deed of Trust The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and secunty interest provisions relating to the Personal Properly and Rents Grantor. The word"Grantor"means any and al persons and entitles executing this Deed of Trust,Including without limitation TY H RIBERA and McCANN ENTERPRISES,INC Any Grantor who signs this Deed of Trust,but does not sign the Note,is signing this Deed of Trust only to grant and convey that Grantor's interest in the Real Property and to grant a secunty interest in Grantor's Interest In the Rents and Personal Property to Lender and is not personally liable under the Note except as otherwise provided by contract or law Guarantor The word "Guarantor" means and Includes without limitation any and all guarantors, sureties, and accommodation parties in connection with the Indebtedness Improvements The word "Improvements" means and Includes without limitation al existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities,additions, replacements and other construction on the Real Property j 03-14-2000 DEED OF TRUST Page 3 Loan No 1-12227-3 (Continued) Indebtedness The word"Indebtedness"means all principal and Interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses Incurred by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust,together with interest on such amounts as provided In this Deed of Trust Lender The word"Lender"means Pacific Northwest Bank,Its successors and assigns Note The word "Note"means the Note dated March 14, 2000, in the original principal amount of $800,000.00 from Borrower to Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean al equIpment, fixtures, and other articles of personal properly now or hereafter owned by Grantor,and now or hereafter attached or affixed to the Real Property,together with all accessions,parts,and additions to,all replacements of,and all substitutions for,any of such property,and together with all issues and profits thereon and proceeds(including without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property The word"Property"means collectively the Real Property and the Personal Property Real Property The words "Real Property" mean the property, Interests and nghts descnbed above in the "Conveyance and Grant"section Related Documents. The words'Belated Documents"mean and include without limitation all promissory notes, credit agreements,loan agreements,environmental agreements,guaranties,secunty agreements, mortgages,deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness Rents The word"Rents'means aN present and future rents,revenues,Income,issues,royalties,profits,and other benefits derived from the Property Trustee. The word "Trustee"means PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC end any 0o substitute or successor trustees THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE,THE RELATED DOCUMENTS, y r� AND THIp DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that (a)this Deed of Trust Is executed at Borrower's request and not at the request of Lender, (b)Grantor has the fuN power,right,and authority to enter Into this M Deed of Trust and to hypothecate the Property, (c)the provisions of this Deed of Trust do not conflict with,or result in a default under any agreement or other Instrument binding upon Grantor and do not result in a violation of any law, regulation,court decree or order applicable to Grantor, (d)Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition, and (e) Lender has made no representation to Grantor about Borrower(including without limitation the creditworthiness of Borrower) GRANTOR'S WAIVERS Grantor waives all rights or defenses arising by reason of any"one action"or"anti-deficiency" law,or any other law which may prevent Lender from bringing any action against Grantor,Including a claim for deficiency to the extent Lender 1s otherwise entitled to a claim for deficiency,before or after Lender's commencement or completion of any foreclosure action,either Judicially or by exercise of a power of sale PAYMENT AND PERFORMANCE Except as otherwise provided In this Deed of Trust,Borrower Shall pay to Lender all Indebtedness secured by this Deed of Trust as I becomes due,and Borrower and Grantor shall stnctly perform all their respective obligations under the Note,this Deed of Trust,and the Related Documents POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor and Borrower agree that Grantor's possession and use of the Property shall be governed by the following provisions Possession and Use Until the occurrence of an Event of Default,Grantor may (a)remain in possession and control of the Property, (b)use,operate or manage the Property,and (c)collect any Rents from the Property(this privilege is a license from Lender to Grantor automatically revoked upon default) The following provisions relate to the use of the Property or to other limitations on the Property The Real Property Is not used pnncipally for agricultural purposes Duty to Maintain Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements,and maintenance necessary to preserve its value Hazardous Substances The terms "hazardous waste," "hazardous substance," "deposal," "release," and "threatened release,"as used in this Deed of Trust,shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation,and Liability Act of 1980, as amended, 42 U S C Section 9601, et seq ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub L No 99-499 ("SARA"), the Hazardous Materials Transportation Act,49 U S C Section 1801,et seq,the Resource Conservation and Recovery Act,42 U S C Section 6901,et seq,or other applicable state or Federal laws,rules,or regulations adopted pursuant 03-14-2000 DEED OF TRUST Page 4 Loan No 1-12227-3 (Continued) to any of the foregoing The terms "hazardous waste" and "hazardous substance" shall also include, without bmitabon, petroleum and petroleum by-products or any fraction thereof and asbestos Grantor represents and warrants to Lender that (a) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under,about or from the Property, (b) Grantor has no knowledge of, or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender in writing, (i)any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on,under,about or from the Property by any pnor owners or occupants of the Property or pi)any actual or threatened litigation or claims of any kind by any person relating to such matters,and (c)Except as previously disclosed to and acknowledged by Lender in writing, (I)neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shall use,generate,manufacture,store,treat,dispose of,or release any hazardous waste or substance on,under,about or from the Property and (M)any such activity shall be conducted in compliance with all applicable federal,state,and local laws,regulations and ordinances,Including without limitation those laws, regulations,and ordinances described above Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests,at Grantor's expense,as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person The representations and warranties contained herein are based on Grantor's due diligence In investigating the Property for hazardous waste and hazardous substances Grantor hereby (a)releases and waives any Mute claims against Lender for indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws,and (b)agrees to indemnify and hold harmless Lender against any and all dams, losses,liabilities,damages,penalties,and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use,generation,manufacture,storage, disposal,release or threatened release of a hazardous waste or substance on the properties The provisions of this section of the Deed of Trust,including the obligation to Indemnify,shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the hen of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise Nuisance, Waste Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property Without limiting the generality of the - foregoing,Grantor will not remove,or grant to any other party the right to remove,any timber,minerals(including oil cc, and gas),soil,gravel or rock products without the prior written consent of Lender cn Removal of improvements Grantor shall not demolish or remove any Improvements from the Real Property without c the pnor written consent of Lender As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to replace such improvements with improvements of at least equal r� value Lender's Right to Enter Lender and its agents and representatives may enter upon the Real Property at all cn reasonable times to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust Compliance with Governmental Requirements Grantor shall promptly comply, and shall promptly cause compliance by all agents,tenants or other persons or entitles of every nature whatsoever who rent,lease or otherwise o use or occupy the Property In any manner,with all laws,ordinances,and regulations,now or hereafter in effect,of all cCDv governmental authorities applicable to the use or occupancy of the Property, including without limitation, tie Americans With Disabilities Act Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,Including appropriate appeals,so long as Grantor has notified Lender in writing prior to doing so and so long as, In Lender's sole opinion, Lender's Interests In the Property are not Jeopardized Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest Duty to Protect Grantor agrees neither to abandon nor leave unattended the Property Grantor shall do all other acts,in addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property DUE ON SALE-CONSENT BY LENDER Lender may,at its option, (a)declare Immediately due and payable all sums secured by this Deed of Trust or (b)increase the Interest rate provided for In the Note or other document evidencing the Indebtedness and impose such other conditions as Lender deems appropriate, upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property A"sale or transfer"means the conveyance of Real Property or any right,title or Interest therein,whether legal,beneficial or equitable, whether voluntary or involuntary,whether by outright sale,deed,instalment sale contract,land contract,contract for deed, leasehold interest with a term greater than three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in or to any land trust holding title to the Real Property,or by any other method of conveyance of Real Property interest If any Grantor is a corporation,partnership or limited liability company,transfer also Includes any change in ownership of more than twenty-five percent(25%)of the voting stock,partnership Interests or limited liability company interests, as the case may be, of Grantor However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Washington law 03-14-2000 DEED OF TRUST Page 5 Loan No 1-12227-3 (Continued) TAXES AND LIENS The following provisions relating to the taxes and pens on the Property are a part of this Deed of Trust Payment. Grantor shall pay when due(and In all events prior to delinquency)all taxes,special taxes,assessments, charges (including water and sewer),fines and impositions levied against or on account of the Property,and shall pay when due ail claims for work done on or for services rendered or material furnished to the Property Grantor shall maintain the Property free of all liens having priority over or equal to the Interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust Right To Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized If a lien anses or is Ned as a result of nonpayment,Grantor shall whin fifteen(16)days after the ken arises or,If a lien is filed,within fifteen (16) days after Grantor has notice of the filing,secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient to discharge the hen plus any costs and attorneys'fees or other charges that could accrue as a result of a foreclosure or sale under the lien In any contest,Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property Notice of Construction Grantor shall notify Lender at least fifteen(16)days before any work is commenced,any services are furnished, or any materials are supplied to the Property, If any mechanic's hen, matenalmen's lien, or other ken could be asserted on account of the work,services,or materials and the cost exceeds$20,000 00 Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements PROPERTY DAMAGE INSURANCE The following provisions relating to Insuring the Property are a part of this Deed of Trust Maintenance of Insurance Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real cr, Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender Grantor shall also procure and maintain comprehensive general habiiity Insurance In such rn coverage amounts as Lender may request with trustee and Lender being named as additional Insureds In such liability insurance policies Additionally, Grantor shall maintain such other insurance, Including but not limited to hazard, business Interruption,and boiler Insurance,as Lender may reasonably require Policies shah be written In c, form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies c• reasonably acceptable to Lender Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance In form satisfactory to Lender, Including stipulations that coverages will not be cancelled or diminished without at least thirty(30)days'prior written notice to Lender Each Insurance policy also M shall Include an endorsement providing that coverage In favor of Lender will not be Impaired in any way by any act, omission or default of Grantor or any other person Should the Real Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the loan and any prior c7 liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance 4.v Program,or as otherwise required by Lender,and to maintain such Insurance for thie term of the loan Application of Proceeds Grantor shall promptly notify Lender of any loss or damage to the Property If the estimated cost of repair or replacement exceeds$50,000 CO Lender may make proof of loss if Grantor fails to do so within fifteen(15)days of the casualty Whether or not Lender's security is impaired,Lender may,at its election,receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness,payment of any lien affecting the Property,or the restoration and repair of the Property If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender Lender shall,upon satisfactory proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not In default under this Deed of Trust Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the pnnclpal balance of the Indebtedness If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid without interest to Grantor as Grantor's interests may appear Unexpired Insurance at Sale Any unexpired insurance shall Inure to the benefit of,and pass to,the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of- Trust,or at any foreclosure sale of such Property Grantor's Report on Insurance. Upon request of Lender,however not more than once a year,Grantor shall furnish to Lender a report on each existing policy of Insurance showing (a)the name of the insurer, (b)the risks insured, 1 } • 03-14-2000 DEED OF TRUST Page 6 Loan No 1-12227-3 (Continued) (c)the amount of the policy, (d)the property insured,the then current replacement value of such property,end the manner of determining that value,and (a)the expiration date of the policy Grantor shall,upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property TAX AND INSURANCE RESERVES Subject to any limitations set by applicable law, Lender may require Grantor to maintain with Lender reserves for payment of annual taxes,assessments,and Insurance premiums,which reserves shalt be created by advance payment or monthly payments of a sum estimated by Lender to be sufficient to produce amounts at least equal to the taxes,assessments,and Insurance premiums to be paid The reserve funds shall be held by Lender as a general deposit from Grantor, which Lender may satisfy by payment of the taxes, assessments, and Insurance premiums required to be paid by Grantor as they become due Lender shall have the right to draw upon the reserve funds to pay such items,and Lender shall not be required to determine the validity or accuracy of any item before paying it Nothing In the Deed of Trust shall be construed as requiring Lender to advance other monies for such purposes,and Lender shall not incur any liability for anything it may do or omit to do with respect to the reserve account Sub)ect to any limitations set by applicable law,if the reserve funds disclose a shortage or deficiency,Grantor shall pay such shortage or deficiency as required by Lender All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default Lender shall not be required to pay any interest or earnings on the reserve funds unless required by law or agreed to by Lender in writing Lender does not hold the reserve funds in trust for Grantor,and Lender is not Grantor's agent for payment of the taxes and assessments required to be paid by Grantor EXPENDITURES BY LENDER. If Grantor fads to comply with any provision of this Deed of Trust, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property,Lender on Grantor's behalf may, but shall not be required to,take any action that Lender deems appropriate Any amount that Lender expends In so doing will bear interest at the rate provided for in the Note from the date incurred or paid by Lender to the date of repayment by Grantor AN such expenses,at Lender's option,will (a)be payable on demand, (b)be added to the balance of the Note and be apportioned among and be payable with any instalment payments to become due during either (I)the term of any applicable insurance policy or (a)the remaining term of the Note,or (c)be treated as a balloon payment which will be due and payable at the Note's matunty This Deed of Trust also will secure payment of these amounts The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default Any such action by Lender shall not be construed as cunng the default so as to bar Lender from any remedy that it otherwise would have had WARRANTY,DEFENSE OF TITLE The following provisions relating to ownership of the Property are a part of this Deed of Trust rn Title Grantor warrants that (a)Grantor holds good and marketable title of record to the Property in fee simple,free cA and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title 0-' insurance policy,title report,or final title opinion issued in favor of,and accepted by,Lender In connection with this Deed of Trust,and (b) Grantor has the full nght,power,and authority to execute and deliver this Deed of Trust to Lender c� Defense of Title Subject to the exception In the paragraph above,Grantor warrants and wNI forever defend the title to the Property against the lawful claims of all persons In the event any action or proceeding Is commenced that questions Grantor's tale or the interest of Trustee or Lender under this Deed of Trust,Grantor shall defend the action m at Grantor's expanse Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation cv Compliance With Laws Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities, including without limitation aN applicable environmental laws, ordinances, and regulations, unless otherwise specifically excepted in the environmental agreement executed by Grantor and Lender relating to the Property CONDEMNATION The following provisions relating to condemnation proceedings are a part of this Deed of Trust Application of Net Proceeds If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation,Lender may at its election require that aN or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property The net proceeds of the award shall mean the award after payment of all reasonable costs,expenses,and attorneys'fees incurred by Trustee or Lender in connection with the condemnation Proceedings if any proceeding in condemnation is fled,Grantor shall promptly notify Lender in willing,and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a part of this Deed of Trust • 03-14-2000 DEED OF TRUST Page 6 Loan No 1-12227-3 (Continued) (c)the amount of the policy, (d)the property insured,the then current replacement value of such property,and the manner of determining that value,and (a)the expiration date of the policy Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property TAX AND INSURANCE RESERVES Subject to any limitations set by applicable law, Lender may require Grantor to maintain with Lender reserves for payment of annual taxes,assessments,and Insurance premiums,which reserves shall be created by advance payment or monthly payments of a sum estimated by Lender to be sufficient to produce amounts at least equal to the taxes,assessments,and Insurance premiums to be paid The reserve funds shall be held by Lender as a general deposit from Grantor, which Lender may satisfy by payment of the taxes, assessments, and Insurance premiums required to be paid by Grantor as they become due Lender shall have the right to draw upon the reserve funds to pay such Items,and Lender shall not be required to determine the validity or accuracy of any Item before paying it Nothing In the Deed of Trust shall be construed as requiring Lender to advance other monies for such purposes,and Lender shall not incur any liability for anything it may do or omit to do with respect to the reserve account Subject to any limitations set by applicable law,if the reserve funds disclose a shortage or deficiency,Grantor shall pay such shortage or deficiency as required by Lender All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender Is hereby authorized to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default Lender shall not be required to pay any interest or earnings on the reserve funds unless required by law or agreed to by Lender in writing Lender does not hold the reserve funds in trust for Grantor,and Lender is not Grantor's agent for payment of the taxes and assessments required to be paid by Grantor EXPENDITURES BY LENDER. If Grantor fails to comply with any prowston of this Deed of Trust, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property,Lender on Grantor's behalf may, but shall not be required to,take any action that Lender deems appropriate Any amount that Lender expends In so doing will bear interest at the rate provided for in the Note from the date incurred or paid by Lender to the date of repayment by Grantor Ali such expenses,at Lender's option,will (a)be payable on demand, (b)be added to the balance of the Note and be apportioned among and be payable with any instalment payments to become due during either (I)the term of any applicable insurance policy or (ir)the remaining term of the Note,or (c)be treated as a balloon payment which will be due and payable at the Note's maturity This Deed of Trust also will secure payment of these amounts The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default Any such action by Lender shall not be construed as cunng the default so as to bar Lender from any remedy that it otherwise would have had WARRANTY,DEFENSE OF TITLE The following provisions relating to ownership of the Property are a part of this Deed of Trust crr Title Grantor warrants that (a)Grantor holds good and marketable title of record to the Property in fee simple,free co and clear of all liens and encumbrances other than those set forth in the Real Property description or In any title CT' insurance policy,title report,or final title opinion issued in favor of,and accepted by,Lender In connection with this o Deed of Trust, and (b) Grantor has the full nght,power,and authority to execute and deliver this Deed of Trust to o Lender Defense of Title Subject to the exception In the paragraph above,Grantor warrants and MI forever defend the title to the Property against the lawful claims of all persons In the event any action or proceeding Is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust,Grantor shalt defend the action ci•-) at Grantor's expense Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver,or cause to be delivered,to Lender such Instruments as Lender may request from time to time to permit such participahon Compliance With Laws Grantor warrants that the Property and Grantor's use of the Properly complies with all existing applicable laws, ordinances, and regulations of governmental authorities, including without limitation all applicable environmental laws, ordinances, and regulations, unless otherwise specifically excepted In the environmental agreement executed by Grantor and Lender relating to the Property CONDEMNATION The following provisions relating to condemnation proceedings are a part of this Deed of Trust Application of Net Proceeds If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repak or restoration of the Property The net proceeds of the award shall mean the award after payment of all reasonable costs,expenses,and attorneys'fees incurred by Trustee or Lender in connection with the condemnation • Proceedings if any proceeding in condemnahon is filed,Grantor shall promptly notify Lender in writing,and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate In the proceeding and to be represented In the proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a part of this Deed of Trust 03-14-2000 DEED OF TRUST Page 7 Loan No 1-12227-3 (Continued) Current Taxes,Fees end Charges Upon request by Lender,Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property Grantor shall reimburse Lender Ior all taxes,as described below,together with all expenses Incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps,and other charges for recording or registering this Deed of Trust Taxes. The following shall constitute taxes to which this section applies (a)a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust, (b)a specific tax on Borrower which Borrower Is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust, (c)a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note,and (d)a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower Subsequent Taxes If any tax to which this section applies Is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default(as defined below),and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (a)pays the tax before it becomes delinquent, or (b)contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other secunty satisfactory to Lender SECURITY AGREEMENT, FINANCING STATEMENTS The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust Security Agreement This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal property,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time Security Interest Upon request by Lender,Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest In the Rents and Personal Property In addition to recording this Deed of Trust in the real property records,Lender may,at any time and without further authorization from Grantor,file executed counterparts,copies or reproductions of this Deed of Trust as a financing statement Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this secunty Interest Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three(3)days after receipt of written demand from Lender Addresses The mailing addresses of Grantor (debtor) and Lender (secured party), from which information concerning the secunty interest granted by this Deed of Trust may be obtained (each as required by the Uniform rn Commercial Code),are as stated on the first page of this Deed of Trust FURTHER ASSURANCES; ATTORNEY-IN-FACT The following provisions relating to further assurances and Cr) attorney-in-fact are a part of this Deed of Trust Further Assurances At any time,and from time to time,upon request of Lender,Grantor will make,execute and ' deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by r^- Lender,cause to be filed,recorded,raffled,or rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, secunty deeds, security agreements, financing statements,continuation statements,instruments of further assurance,certificates,and other c+) documents as may,in the sole opinion of Lender,be necessary or desirable In order to effectuate,complete,perfect. o continue,or preserve (a)the obligations of Grantor and Borrower under the Note,this Deed of Trust,and the Related Documents, and (b) the liens and secunty interests created by this Deed of Trust as first and pnor bens on the Property,whether now owned or hereafter acquired by Grantor Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the CZ ov matters referred to in this paragraph Attorney-In-Fact If Grantor fails to do any of the things referred to in the preceding paragraph,Lender may do so for and in the name of Grantor and at Grantor's expense For such purposes,Grantor hereby Irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph FILL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's secunty interest in the Rents and the Personal Property Any reconveyance fee shall be paid by Grantor,if permitted by applicable law The grantee In any reconveyance may be described as the"person or persons legally entitled thereto", and the recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness of any such matters or facts DEFAULT Each of the following,at the option of Lender,shall constitute an event of default("Event of Default")under this Deed of Trust Default on Indebtedness. Failure of Borrower to make any payment when due on the Indebtedness Default on Other Payments Failure of Grantor within the time required by this Deed of Trust to make any payment 03-14-2000 DEED OF TRUST Page 8 Loan No 1-12227-3 (Continued) for taxes or insurance,or any other payment necessary to prevent fling of or to effect discharge of any lien Environmental Default. Failure of any party to comply with or perform when due any term,obligation,covenant or condition contained in any environmental agreement executed in connection with the Property Compliance Default Failure of Grantor or Borrower to comply with any other term,obligation,covenant or condition contained in this Deed of Trust,the Note or in any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor or Borrower under this Deed of Trust,the Note or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished • Defective Collaterallzatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral documents to create a valid and perfected securtiy Interest or hen)at any time and for any reason Death or insolvency. The death of any Grantor or Borrower or the dissolution or termination of Grantor or Borrower's eodstence as a going business,the Insolvency of Grantor or Borrower,the appointment of a receiver for any part of Grantor or Borrower's property,any assignment for the benefit of creditors,any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor or Borrower Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding,self-help,repossession or any other method,by any creditor of Grantor or by any governmental agency against any of the Property However,this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or frefeiture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender Breach of Other Agreement Any breach by Grantor or Borrower under the terms of any other agreement between Grantor or Borrower and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other obligation of Grantor or Borrower to Lender,whether existing now or later Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the a, Indebtedness or any Guarantor dies or becomes incompetent,or revokes or disputes the validity of,or liability under, co any Guaranty of the Indebtedness Cr' Adverse Change A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the indebtedness Is Impaired insecurity Lender in good faith deems itself insecure RIGHTS AND REMEDIES ON DEFAULT Upon the occurrence of any Event of Default and at any time thereafter,Trustee .-- or Lender,at its option,may exercise any one or more of the following rights and remedies,In addition to any other rights Cr) or remedies provided by law Accelerate indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable,including any prepayment penalty which Borrower would be required to pay Foreclosure With respect to an or any part of the Real Property,the Trustee shall have the right to exercise its N power of sale and to foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law UCC Remedies With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code Collect Rents. Lender shall have the right,without notice to Grantor or Borrower,to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid,and apply the net proceeds,over and above Lender's costs,against the Indebtedness In furtherance of this right,Lender may require any tenant or other user of the Property to make payments of rent or use tees directly to Lender. lithe Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-In-fact to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed Lender may exercise its rights under this subparagraph either in person,by agent,or through a receiver Appoint Receiver Lender shall have the nght to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or sale,and to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership,against the Indebtedness The receiver may serve without bond if permitted by law Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a - 7 03-14-2000 DEED OF TRUST Page 9 Loan No 1-12227-3 (Continued) receiver Tenancy at Sufferance If Grantor remains In possession of the Property after the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shalt become a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either (a)pay a reasonable rental for the use of the Property,or (b)vacate the Property Immediately upon the demand of Lender Other Remedies. Trustee or Lender shall have any other right or remedy provided In this Deed of Trust or the Note or by law Notice of Sale Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to be made Reasonable notice shall mean notice given at least ten(10)days before the time of the sale or disposition Any sale of Personal Property may be made in conjunction with any sale of the Real Property Sale of the Property. To the extent permitted by applicable law, Grantor and Borrower hereby waive any and all rights to have the Property marshalled In exercising its rights and remedies,the Trustee or Lender shall be free to sell all or any part of the Property together or separately,in one sale or by separate sales Lender shall be entitled to bid at any public sale on all or any portion of the Property Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the partys rights otherwise to demand strict compllance with that provision or any other provision Election by Lender to pursue any remedy provided In this Deed of Trust,the Note,In any Related Document,or provided by law shall not exclude pursuit of any other remedy,and an election to make expenditures or to take action to perform an obligation of Grantor or Borrower under this Deed of Trust after failure of Grantor or Borrower to perform shall not affect Lender's right to declare a default and to exercise any of its remedies Attorneys'Fees,Expenses If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and on any appeal Whether or not any court action is involved, all reasonable expenses Incurred by Lender which in Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of expenditure until repaid Expenses covered by this paragraph include,without limitation, however subject to any limits under applicable law, Lender's attorneys'fees whether or not there is a lawsuit, Including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any rn anticipated post-judgment collection services, the cost of searching, records, obtaining title reports (including CO foreclosure reports),surveyors'reports,appraisal fees,title insurance,and fees for the Trustee,to the extent permitted Q' by applicable law Grantor also will pay any court costs,in addition to all other sums provided by law Rights of Trustee Trustee shall have all of the rights and duties of Lender as set forth in this section c=i POWERS AND OBLIGATIONS OF TRUSTEE The following c� provisions relating to the powers and obligations of Trustee (pursuant to Lender's instructions)are part of this Deed of Trust Powers of Trustee In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor (a)join in o preparing and filing a map or plat of the Real Property,Including the dedication of streets or other rights to the public, o (b)join In granting any easement or creating any restriction on the Real Property,and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust Obligations to Notify Trustee shall not be obligated to nobly any other party of a pending sale under any other trust deed or lien,or of any action or proceeding in which Grantor,Lender,or Trustee shall be a party,unless required by applicable law,or unless the action or proceeding is brought by Trustee Trustee Trustee shall meet all qualifications required for Trustee under applicable law In addition to the rights and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the npht to foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure,In either case in accordance with and to the full extent provided by applicable law Successor Trustee Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of KING County,Washington The instrument shall contain,in addition to all other matters required by state law,the names of the original Lender,Trustee,and Grantor,the book and page or the Auditor's File Number where this Deed of Trust is recorded, and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by Lender or its successors in interest The successor trustee,without conveyance of the Property,shall succeed to all the title,power,and duties conferred upon the Trustee In this Deed of Trust and by applicable law This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution NOTICES TO GRANTOR AND OTHER PARTIES Subject to applicable law,and except for notice required or allowed by law to be given in another manner,any notice under this Deed of Trust shall be In writing, may be sent by telefacslmile (unless otherwise required by law),and shall be effective when actually delivered, or when deposited with a nationally 03-14-2000 DEED OF TRUST Page 10 Loan No 1-12227-3 (Continued) recognized overnight courier,or,if mailed,shall be deemed effective when deposited in the United Stales mall first class, certified or registered mall, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust Any pyarty may theme P ep�dodress for tinotices under� �Deed of Trust by giving formal wntten notice to the other parties, party's address Al copies of notices of foreclosure from the holder of any ken which has pnonly over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust For notice purposes,Grantor agrees to keep Lender and Trustee informed at all times of Grantor's current address Subject to applicable law, and except for notice required or allowed by law to be given In another manner,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors MISCELLANEOUS PROVISIONS The following miscellaneous provisions are a part of this Deed of Trust Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth In this Deed of Trust No alteration of or amendment to this Deed of Trust shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Annual Reports If the Property is used for purposes other than Grantor's residence,Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property dunng Grantor's previous fiscal year in such form and detail as Lender shah require "Net operating income shall mean al cash receipts from the Property less all cash expenditures made In connection with the operation of the Property Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of Washington This Deed of Trust shall be governed by and construed In accordance with the laws of the State of Washington. Caption Headings Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other Interest or estate In the Property at any time held by or for the benefit of Lender In any capacity,without the written consent of Lender Multiple Parties Al obligations of Grantor and Borrower under this Deed of Trust shall be Joint and several,and all references to Borrower shall mean each and every Borrower,and all references to Grantor shall mean each and 0 every Grantor This means that each of the persons signing below is responsible for all obkgatlons in this Deed of co Trust a, Severability If a court of competent jurisdiction finds any provision of this Deed of Trust to be Invalid or =, unenforceable as to any person or circumstance,such finding shall not render that provision Invalid or unenforceable 0 as to any other persons or circumstances If feasible,any such offending provision shall be deemed to be modified 0 to be within the limits of enforceability or validity,however,if the offending provision cannot be so modified,It shall be r` stricken and ant other provisions of this Deed of Trust In all other respects shall remain valid and enforceable r- Successors and Assigns Subject to the limitations stated In this Deed of Trust on transfer of Grantor's Interest,this c*) Deed of Trust shah be binding upon and Inure to the benefit of the parties, their successors and assigns If 0 ownership of the Properly becomes vested In a person other than Grantor,Lender,without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or 0 extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness 0 0 Time Is of the Essence Time is of the essence in the performance of this Deed of Trust N Waivers and Consents Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents)unless such waiver is in writing and signed by Lender No delay or omission on the part of Lender in exercising any nght shall operate as a waiver of such nght or any other right A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision No prior waiver by Lender,nor any course of dealing between Lender and Grantor or Borrower,shall constitute a waiver of any of Lender's rights or any of Grantor or Borrower's obligations as to any future transactions Whenever consent by Lender is required In this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required Waiver of Homestead Exemption. Grantor hereby releases and waives aN rights and benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by this Deed of Trust , 03-14-2000 DEED OF TRUST Page 11 Loan No 1-12227-3 (Continued) EACH GRANTOR AC NOV/LEDGES HAVING R ALI.THE PROVISIONS OF THIS DEED OF TRUST,AND EACH GRANTOR AGRE ITS TERMS GRANTOR T7 X fay • TY H.RI RIBERA,President INDIVIDUAL ACKNOWLEDGMEMZ.. . rONE0 STATE OF 111IRSH4/�G�� ) f,QP•• ION.,n••„ 1SS /f.:•$' `T4%•%�,� (/ i�. ��OTARY'r9: COUNTY OF !1 IArG -1 % :U �"'� • RUB i 11 Ir• e Off: On this day before me,the undersigned Notary Public,personally appeared ; 11I ',. :�.;•lt known to me or proved to me on the basis of satisfactory evidence to be the individual describ,tk i , •;_ • . the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and • • - -, deed,for the uses and purposes therein mentioned Given and my hand and clal seal this /$ _ day of ,�i4,e6N , 2000 / By l�. ►st. �5 Residing at 440a/gw M. 4• Notary Public In and for the State of WAN/44'1vI My commission expires 6/30/200/ , CORPORATE ACKNOWLEDGMENT „or.%%%%%%��%\ cm STATE OF )114$,/i,✓6r:�oi/' N—�`ON E e�Ott 0 to COUNTY of n�G 1 es 1 o NOTAR"Y1 1.1.53'fi �" PUBLIC a On this ACM' day of �li?aG ri/ ,2000 ,before me,the undo •�•TTpfi/Gir Ap 49C•• e Wally o appeared TY H RIBERA,President of McCANN ENTERPRISES,INC.and personally kno w •4 - me on c_ the basis of satisfactory evidence to be an authorized agent of the corporation that exec v • - Trust and o acknowledged the Dead of Trust to be the free and voluntary act and deed of the corporation,by a • 77 its Bylaws or c-4 by resolution •f its board of drr tors,for the uses and purposes therein mentioned,and on oath stated that he or she Is authorized to'acute this Dee (Trust in fact executed the Deed of Trust on behalf of the corporation// By 407 G4l•+st. Residing at 0.53.4Q!/i4s� X%i4. Notary Public In and for the State of 1II4.S41,1/1t04( My commission expires 4•I34•/2.00/ 03-14-2000 DEED OF TRUST Page 12 Loan No 1-12227-3 (Continued) REQUEST FOR FULL RECONVEYANCE To ,Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust You are hereby requested, upon payment of all sums owing to you,to reconvey without warranty,to the persons entitled thereto,the right, title and interest now held by you under the Deed of Trust Date Beneficiary By. Its LASER PRO,Rep U S Pat &T M Oft,Vac 3 28c(c)2000 CFI ProServIces,Inc All rights reserved IWA-001 E3 28 F3 26 RIBERATY LNI rT in a ram', n. C,, G7 01 N 0- I 1 WHEN RECORDED RETURN TO James M Kristof Attorney at Law 7525 SE 24th Street, Suite 360 Mercer Island, WA 98040 1 I III I. 20000317000991 PAC�F 1 WTIi_DT II.M 11417m i Document Title: Deed of Trust FILED BY PNWT 3c704vi_k,, Reference Number(s) of Documents assigned or released: cn Grantor(s)(last name first,then first name and initials) Ribera, Ty Grantee(s)(last name first,then first name and initials) McCann,Bob Legal Description (abbreviated i e,block, plat or section,township, range) �' MARTINS ACRE TRS UNREC S 110 FT OF E 215 FT OF N 1/2 LESS CO RD LESS C/M RGTS MARTINS ACRE TRS UNREC S 1 LESS C&M RGTS E 0 5 FT FOR RD (Additional legal description is on page 2 of document) Assessor's property Tax Parcel/Account Number: 518210-0049-00& 518210-0051-05 This Deed or Trust is junior and subordinate to that certain Deed of Trust recorded under Recording No. p (J,� f761, '7�l FILED FOR RECORD AT REQUEST OF James M.Kristof Attorney at Law 7525 SE 24*Street,#360 Mercer Island,WA 98040 DEED OF TRUST THIS DEED OF TRUST,made this I _Ts day off,2000,between Ty Ribero,Grantor,whose address is 17937 Cedar Grove Road,Maple Valley,Washington,98038,Washington Title Insurance Company,a corporation,Trustee,whose address is 15 South Grady Way,Suite 120,Renton,Washington,98055,and Bob McCann,Beneficiary,whose address is 13029 136*Avenue SE,Renton,Washington,98055 WITNESSETH Grantor hereby bargains,sells and conveys to Trustee in Trust,with power of sale,the following described real property in King County,Washington LEGAL DESCRIPTION Parcel A al The south 110 feet of the east 215 feet of the following described property rn c_-+ The north half of the southeast quarter of the northwest quarter of the northwest quarter of Section 15,Township 23 North,Range 5 East,W M,m King County,Washington, EXCEPT the east 37 5 feet thereof for road, cc (ALSO(ALSO KNOWN AS the south 110 feet of the east 215 feet of the north half of Tract 5,Martin Acre Tracts, according to the unrecorded plat thereof) c_t C` Parcel B The south half of the southeast quarter of the northwest quarter of the northwest quarter of Section 15,Township 23 North,Range 5 East,W M,m King County,Washington, EXCEPT the easterly 7 5 feet for road, (ALSO KNOWN AS the southerly half of Tracts 5 and 6,Martin Acre Tracts,according to the unrecorded plat thereof) which real property is not used principally for agricultural or farming purposes,together with all tenements, hereditaments,and appurtenances now or hereafter thereunto belonging or m any wise appertaining,and the rents, issues and profits thereof This deed is for the purpose of securing performance of each agreement of grantor herein contained,and payment of the sum of Two Hundred Thousand and no/100s Dollars($200,000 00)with interest,in accordance with the terms of a promissory note of even date herewith payable to Beneficiary or order,and made by Grantor, and all renewals,modifications and extensions thereof and also such further sums as may be advanced or loaned by Beneficiary to Grantor,or any of their successors or assigns,together with interest thereon at such rate as shall be agreed upon To protect the security of this Deed of Trust,Grantor covenants and agrees 1 To keep the property m good condition and repair,to permit no waste thereof,to complete any building,structure or improvement being built or about to be built thereon,to restore promptly any building, structure or improvement thereon which may be damaged or destroyed,and to comply with all laws,ordinances, regulations,covenants,conditions and restrictions affecting the property 2 To pay before delinquent all lawful taxes and assessments upon the property,to keep the property free and clear of all other charges,hens or encumbrances impairing the secunty of this Deed of Trust 3 Each Grantor further covenants to keep all building,improvements,or fixtures that may be upon the premises insured against loss or damage by fire to the extent of Two Hundred Thousand and no/100s Dollars (S200,000 00)and to provide such other kinds and amounts of insurance as in the Beneficiary's judgment shall be adequate to protect the Deed of Trust property All insurance policies shall be carried in a company or companies acceptable to the Beneficiary,in all respects in form satisfactory to the Beneficiary and shall be three year policies, and payable in case of loss to the Beneficiary,and shall be deposited with Beneficiary The Grantor shall pay all premiums as they become due Thirty days or more prior to the expiration of any insurance policy,Grantor shall deliver to Beneficiary a three year prepaid renewal thereof with paid receipt In the event of Grantor's failure to procure and deliver such renewal policy,the Beneficiary is hereby authorized to write such insurance and the cost thereof shall be payable forthwith and shall be secured by the hen of this Deed of Trust Beneficiary,however,is not obligated to undertake the writing of said insurance or to notify Grantor as to the expirations,it being the constant duty of the Grantor to provide such insurance,offering the same first to the Beneficiary Beneficiary has the right to have all proceeds from condemnation of part or all the property used to reduce the Deed of Trust balance 4 To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee,and to pay all costs and expenses,including cost of title search and attorney's fees in a reasonable amount,in any such action or proceeding and in any suit brought by Beneficiary to foreclose this Deed of Trust 5 To pay all costs fees and expenses in connection with this Deed of Trust,including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred,as provided by statute a-, 6 Should Grantor fail to pay when due any taxes,assessments,insurance premiums,liens, c encumbrances or other charges against the property heremabove described,Beneficiary may pay the same,and the c=, amount so paid,with interest at the rate set forth in the note secured hereby,shall be added to and become a part of o the debt secured in this Deed of Trust c-- IT IS MUTUALLY AGREED THAT: 1 In the event any portion of that property is taken or damaged in an eminent domain proceeding, c' the entire amount of the award or such portion thereof as may be necessary to fully satisfy the obligation secured hereby,shall be paid to Beneficiary to be applied to said obligation 2 By accepting payment of any sum secured hereby after its due date,Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay 3 The Trustees shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto on written request of the Grantor and the Beneficiary,or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto 4 Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein,all sums secured hereby shall immediately become due and payable at the option of the Beneficiary In such event and upon written request of Beneficiary,Trustee shall sell the trust property,in accordance with the Deed of Trust Act of the State of Washington,at public auction to the highest bidder Any person except Trustee may bid at Trustee's sale Trustee shall apply the proceeds of the sale as follows (1)to the expense of sale,including a reasonable Trustee's fee and attorney's fee,(2)to the obligation secured by this Deed of Trust,(3)the surplus,if any,shall be distributed to the persons entitled thereto 5 Trustee shall deliver to the purchaser at the sale its deed,without warranty,which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust,and such as he may have acquired thereafter Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, winch recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value 6 The power of sale conferred by this Deed of Trust an by the Deed of Trust Act of the State of } Washington is not an exclusive remedy Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage 7 In the event of the death,incapacity or disability or resignation of Trustee,Beneficiary may appoint in writing a successor trustee,and upon the recording of such appointment in the mortgage records of the county m which this Deed of Trust is recorded,the successor Trustee shall be vested with all powers of the onginal Trustee The Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding m which Grantor,Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee 8 This Deed of Trust applies to,inures to the benefit of,and is binding not only on the parties hereto,but on their heirs,devisees,legatees,administrators,executors,successors and assigns The term Beneficiary shall mean the holder and owner of the note secured h ,whether or not named as Beneficiary herein TY STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day personally appeared before me Ty Ribera,to me known to be the individual described in and who executed the within foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed,for the uses and purposes therein mentimeA GIVEN underm�`hand and official seal this �` day of ,2000 N^ tltttl (a n �. ; &at rn % ' Notary Public f r the State of Washington resitiin at V Commission Expires r- t %%Veli% REQUEST FOR FULL RECONVEYANCE can Do not record To be used ally when note has been paid 0 To Tnutee C'' The undamped a the legal owner and holder ofthe note and all other nxdebtedneae secured by the within Deed of Trust.Saud note together with all other mdebtednem secured by said Deed of Trust.has been fully paid and satisfied,and you are hereby requested and duetted on payment to you of any emu owing to you tmderthe tams of said Deed of Trust,to cancel said note above mentioned,and all other evidences of mdebtedness secured by said Deed of Trust delivered to you borewrdr,together with the said Deed of Taut,and to convey,without warranty,to the pastas dmgoated by the terms a said Deed of Trust,all the estate now bold by you thereunder Dated .2 Mad rxoaveya ce to • �1.11 d� • r • WHEN RECORDED RETURN TO James M Knstof Attorney at Law 7525 SE 24t Street, Suite 360 111111111111 Mercer Island,WA 98040 20000317000992 PPROS 001 ONW FT004IT CT 11 00 KING7COUNTY/2000 13WA Document Tide: Deed of Trust FILED BY PNWT 7.9041C1-o Reference Number(s)of Documents assigned or released: Grantor(s) (last name first, then first name and initials) McCann Enterprises, Inc Grantee(s) (last name first,then first name and initials) Bob McCann o Legal Description(abbreviated i e,block, plat or section,township, range) o MARTINS ACRE TRS UNREC PP ACT 39961503 MOBILE HOME N'A LESS S 110 FT OF E 215 FT FT LESS CO RD LESS C/M RGTS (Additional legal description is on page 2 of document) Assessor's property Tax Parcel/Account Number: 518210-0050-06 This Deed of Trust is junior and subordinate to that certain Deed of Trust recorded under Recording No. ot0, 92 Ti7 rf, . • FILED FOR RECORD AT REQUEST OF James M.Kristof Attorney at Law 7525 SE 24a Street,#360 Mercer bland,WA 98040 DEED OF TRUST THIS DEED OF TRUST,made this Lw day of 2000,between McCann Enterprises,Inc Grantor,whose address is 13029136th Avenue SE,Renton,Washington, 98055,Washington Title Company,a corporation,Trustee,whose address is 15 South Grady Way,Suite 120,Renton,Washington,98055,and Bob McCann,Beneficiary whose address is 13029136th Avenue SE,Renton,Washington,98055 WITNESSETH Grantor hereby bargains,sells and conveys to Trustee in Trust,with power of sale,the following described real property in King County,Washington LEGAL DESCRIPTION The north half of the southeast quarter of the northwest quarter of the northwest quarter of Sectionl5,Township 23 rn North,Range 5 East,W M,in King County,Washington, rn EXCEPT the east 37 5 feet thereof for road, o AND EXCEPT the south 110 feet of the east 215 feet of the remainder (ALSO KNOWN AS the north half of Tracts 5 and 6,Martin Acre Tracts,according to the unrecorded plat thereof, c+^� EXCEPT the south 110 feet of the east 215 feet of said Tract 5) which real property is not used principally for agricultural or farming purposes,together with all tenements, , hereditaments,and appurtenances now or hereafter thereunto belonging or in any wise appertaining,and the rents, Issues and profits thereof This deed is for the purpose of secamng performance of each agreement of grantor herein contained,and payment of the sum of Two Hundred Thousand and no/100s dollars($200,000 00) with interest,in accordance with the terms of a promissory note of even date herewith payable to Beneficiary or order,and made by Ty Ribera for the beneficial interest of Grantor and for which Grantor hereby specifically acknowledges having received consideration,and all renewals,modifications and extensions thereof,and also such further sums as may be advanced or loaned by Beneficiary to Grantor,or any of their successors or assigns,together with interest thereon at such rate as shall be agreed upon To protect the security of this Deed of Trust,Grantor covenants and agrees 1 To keep the property in good condition and repair,to permit no waste thereof,to complete any building,structure or improvement being built or about to be built thereon,to restore promptly any building, structure or improvement thereon which may be damaged or destroyed,and to comply with all laws,ordinances, regulations,covenants,conditions and restrictions affecting the property 2 To pay before delinquent all lawful taxes and assessments upon the property,to keep the property free and clear of all other charges,hens or encumbrances impairing the security of this Deed of Trust 3 Each Grantor further covenants to keep all building,improvements,or fixtures that may be upon the premises insured against loss or damage by fire to the extent of Two Hundred Thousand and no/100s Dollars ($200,000 00)and to provide such other kinds and amounts of insurance as in the Beneficiary's Judgment shall be adequate to protect the Deed of Trust property All insurance policies shall be carried in a company or companies acceptable to the Beneficiary,in all respects in form satisfactory to the Beneficiary and shall be three year policies, and payable in case of loss to the Beneficiary,and shall be deposited with Beneficiary The Grantor shall pay all premiums as they become due Thirty days or more prior to the expiration of any insurance policy,Grantor shall deliver to Beneficiary a three year prepaid renewal thereof with paid receipt In the event of Grantor's failure to procure and deliver such renewal policy,the Beneficiary is hereby authorized to write such insurance and the cost thereof shall be payable forthwith and shall be secured by the hen of this Deed of Trust Beneficiary,however,is not obligated to undertake the writing of said insurance or to notify Grantor as to the expirations,it being the constant duty of the Grantor to provide such insurance,offering the same first to the Beneficiary Beneficiary has the right to have all proceeds from condemnation of part or all the property used to reduce the Deed of Trust balance 4 To defend any action or proceeding purporting to affect the security hereof or the nghts or powers of Beneficiary or Trustee,and to pay all costs and expenses,including cost of title search and attorney's fees in a reasonable amount,in any such action or proceeding and in any suit brought by Beneficiary to foreclose this Deed of Trust 5 To pay all costs fees and expenses m connection with this Deed of Trust,including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attomey's fees actually incurred,as provided by statute 6 Should Grantor fail to pay when due any taxes,assessments,insurance premiums,hens, encumbrances or other charges against the property herernabove described Beneficiary may pay the same,and the amount so paid,with interest at the rate set forth in the note secured hereby,shall be added to and become a part of the debt secured in this Deed of Trust IT IS MUTUALLY AGREED THAT: 1 In the event any portion of that property is taken or damaged m an eminent domain proceeding, rn the entire amount of the award or such portion thereof as may be necessary to fully satisfy the obligation secured hereby,shall be paid to Beneficiary to be applied to said obligation c7 2 By accepting payment of any sum secured hereby after its due date,Beneficiary does not waive its nght to require prompt payment when due of all other sums so secured or to declare default for failure to so pay 3 The Trustees shall reconvey all or any part of the property covered by this Deed of Trust to the v- person entitled thereto on written request of the Grantor and the Beneficiary,or upon satisfaction of the obhgation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto 4 Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein,all sums secured hereby shall immediately become due and payable at the option of the Beneficiary In such event and upon written request of Beneficiary,Trustee shall sell the trust property,in accordance with the Deed of Trust Act of the State of Washington,at public auction to the highest bidder Any person except Trustee may bid at Trustee's sale Trustee shall apply the proceeds of the sale as follows (I)to the expense of sale,including a reasonable Trustee's fee and attoiney's fee,(2)to the obligation secured by this Deed of Trust,(3)the surplus,if any,shall be distributed to the persons entitled thereto 5 Trustee shall deliver to the purchaser at the sale its deed,without warranty,which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust,and such as he may have acquired thereafter Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such comphance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value 6 The power of sale conferred by this Deed of Trust an by the Deed of Trust Act of the State of Washington is not an exclusive remedy Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage 7 In the event,of the death,incapacity or disability or resignation of Trustee,Beneficiary may appoint in writing a successor trustee,and upon the recording of such appointment in the mortgage records of the county win which this Deed of Trust is recorded,the successor Trustee shall be vested with all powers of the original Trustee The Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor,Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee 8 This Deed of Trust applies to,inures to the benefit of,and is binding not only on the parties hereto,but on their heirs,devisees,legatees,administrators,executors,successors and assigns The term Beneficiary shall mean the holder and owner of the note secured hereby,whether or not named as Beneficiary herein McCann • ,.0°.f -. BY Ty • . President STATE OF WASHINGTON ) )ss COUNTY OF KING p . On this day of Yn 11 CCN\ ,2000 before me,the undersigned Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared Ty Ribero to me known to be the President of McCann Enterprises,Inc,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 stated that he was authorized to execute the said Instniment Witness my hand and official seal hereto affixed the day and year above written •�M r0 lit (!_ 1tii ,,,,.•�+,,, �,4 ►i Notary Public and for the State of Washington pQ,f'Z�a,,h,,, �r restdmg at VI '1 cot s, CommissionExpues.1- )C� 4 . c-_-, set5 Ong,�,. u REQUEST FOR FULL RECONVEYANCE s Do not record. To be used only when note as h bean paid. CD I.V TO TRUSTEE The undersigned is the lepi owner and holder oftlte note end all other wdebtednea secured by the within Deed of Tina. Said note tom with all other indebtedness secured by said Deed of Trust,has been filly paid and unified,and you are hereby requested and directed on payment to you of any sums owing to you under the tams of said Deed of Trust,to cancel said note above mentioned,and all other evidences of indebtedness secured by said Deed oftrud delivered to you herewith,together with the said Deed oftrust.and to convey,without warranty,to the parties designated by the teems os said Deed of Taut,all the estate now held by you thereunder Dated ,2000 Mad rec nveyanceto rSlk3G.:; J J1( 1I1IJm KING COUNTY c e•ee DEPARTMENT OF DEVELOPMEN wirni iw12 AND ENVIRONMENTAL SERVICE.. 900 Oakesdale Avenue Southwest Renton,WA 98055-1219 V. Bob McCann/McCann Enterprises NOTICE OF KING COUNTY CODE 13029 136th Ave SE VIOLATION:CIVIL PENALTY ORDER: Renton WA 98059 ABATEMENT ORDER: NOTICE OF LIEN:DUTY TO NOTIFY CASE NUMBER:E0000394 ZONING R4 LOCATION/ADDRESS AND LEGAL DESCRIPTION: Address 13029 136th Ave SE ACCOUNT 518210-0049,518210-0050,518210-0051 LOT 5 BLOCK PLAT MARTINS ACRE TRS ,,, MARTINS ACRE TRS UNREC S 110 FT OF E 215 FT OF N 1/2 m LESS CO RD LESS C/M RGTS c LOT 5-6 BLOCK PLAT MARTINS ACRE TRS o MARTINS ACRE TRS UNREC PP ACT 39961503 MOBILE HOME N 1/2 LESS S 110 FT OF E 215 FT FT LESS CO RD LESS C/M RGTS LOT 5-6 BLOCK PLAT MARTINS ACRE TRS MARTINS ACRE TRS UNREC S 1/2 LESS C&M RGTS E 0 5 FT o FOR RD c YOU HAVE BEEN FOUND TO HAVE COMMITTED A CIVIL CODE VIOLATION AND TO BE A PERSON RESPONSIBLE FOR CODE COMPLIANCE,AND YOU ARE HEREBY N NOTIFIED AND ORDERED PURSUANT TO KING COUNTY ORDINANCE 13263,AS AMENDED,OF THE FOLLOWING CIVIL CODE VIOLATIONS: The King County Department of Development and Environmental Services has found the above-described location is maintained or used in violation of the King County Code THEREFORE,YOU ARE ORDERED TO CORRECT THE CODE VIOLATIONS LISTED BELOW I) Grading in excess of 100 cubic yards and filling in excess of three feet in depth without a valid grading permit,together with clearing and/or grading within a sensitive area(stream buffer)without the required permits or approvals CODE AND SECTION King County Code Chapters 16 82 060,2IA 24 TO BRING THIS PROPERTY INTO COMPLIANCE 1) Apply for and obtain a valid clearing/grading permit(application packet enclosed) The application must address at a minimum,erosion-sedimentation and drainage control, removal of unacceptable fill matenals,re-sloping,site re-vegetation,sensitive area restoration and other issues as required The permit application must be completed in accordance with the guidelines outlined in King County Development Assistance Bulletin No 28(see enclosed packet) The completed application must be submitted to King County Land Use Services Division for review and approval by July 5,2000 **ANY PERMITS REQUIRED TO PERFORM THE CORRECTIVE ACTION MUST BE OBTAINED FROM THE PROPER ISSUING AGENCY Some permit applications require appointments,which may be several weeks out Please call 206-296-6796 to make an appointment ** FAILURE TO COMPLY WITH THIS NOTICE AND ORDER WILL SUBJECT YOU TO ADDITIONAL CIVIL PENALTIES,ABATEMENT AND/OR MISDEMEANOR.ACTIONS, AND COULD LEAD TO THE DENIAL OF SUBSEQUENT KING COUNTY PERMIT APPLICATIONS ON THE SUBJECT PROPERTY CIVIL PENALTY/NOTICE OF LIEN: You shall correct all violations by July 10,2000 or you will incur an initial civil penalty against you in the amount of$1,200.00 If you fail to comply with the order by August 10, 2000,you will incur an additional civil penalty in the amount of$1,800.00 If you fail to comply with the order by August 25,2000,you will incur another additional civil penalty in the amount of$2,400.00 Any costs of enforcement including legal and incidental expenses, which exceed the amount of the penalties,may also be assessed against you This Department shall periodically bill you for the amount incurred up to and through the date of billmg PERIODIC BILLS ARE DUE AND PAYABLE 30 DAYS FROM RECEIPT If any assessed penalty,fee or cost is not paid on or before the due date,King County may charge the unpaid amount as a LIEN against the real property of all persons responsible for code compliance and as a JOINT AND SEVERAL PERSONAL OBLIGATION of all persons responsible for code compliance ABATEMENT WORK/NOTICE OF LIEN: King County may proceed to abate the violation(s)and cause the work to be done,and charge the costs thereof as a lien against the real property of all persons responsible for code compliance and as a joint and several personal obligation of all persons responsible for code compliance CRIMINAL MISDEMEANOR/NON-COMPLIANCE WITH FINAL ORDER: Any person who willfully or knowingly causes,aids or abets a civil code violation by any act of commission or omission is guilty of a misdemeanor Upon conviction,the person shall be punished by a fine of not to exceed one thousand dollars and/or impnsonment in the County jail for a term not to exceed 90 days Each week(7 days)such violation continues shall be considered a separate misdemeanor offense NOTIFICATION OF RECORDING: A copy of this Notice and Order shall be recorded against the property in the King County om Office of Records and Elections King County shall file a Certificate of Compliance when the o property is brought into compliance APPEAL: `a Any person named in the Notice and Order or having any record or equitable title in the o property against which the Notice and Order is recorded may appeal the order to the Hearing co Examiner of King County,provided the appeal is received in writing by DDES within TWENTY-ONE days(JUNE 19,2000)of the date of service of the Notice and Order The b DATE OF SERVICE is three business days after the Notice and Order is mailed FAILURE o TO APPEAL WITH THE SPECIFIC REASONS WHY THE NOTICE AND ORDER SHOULD BE REVERSED OR MODIFIED MAY RESULT IN A MOTION TO HAVE THE APPEAL DISMISSED BY THE HEARING EXAMINER FAILURE TO APPEAL WITHIN TWENTY-ONE DAYS OF THE DATE OF SERVICE RENDERS THE NOTICE AND ORDER A FINAL DETERMINATION THAT THE CONDITIONS DESCRIBED IN THE NOTICE AND ORDER EXISTED AND CONSTITUTED A CIVIL CODE VIOLATION, AND THAT THE NAMED PARTY IS LIABLE AS A PERSON RESPONSIBLE FOR CODE COMPLIANCE DUTY TO NOTIFY: The person(s)responsible for code compliance has the DUTY TO NOTIFY the Department of Development and Environmental Services-Building Services Division of ANY ACTIONS TAKEN TO ACHIEVE COMPLIANCE WITH THE NOTICE AND ORDER DATED this May 24,2000 El Beth Deraitus Code Enforcement Section Chief EDKFrab KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES 900 Oakesdale Avenue Southwest Renton,WA 98055-1219 M/S OAK-DE-0100 V. 1I 11111111111 Ty Ribera 1 1 01090 17937 Cedar Grove Rd •.•• Maple Valley WA 98038 rjaolni McCann Enterprises Inc 13029 136th Ave SE Renton,WA 98056 McCann Enterpnses Inc c/o Bob McCann PO Box 2827 NOTICE OF KING COUNTY CODE Renton WA 98056 VIOLATION:CIVIL PENALTY ORDER: ABATEMENT ORDER: Tydico,Inc NOTICE OF LIEN:DUTY TO NOTIFY 13029 136th Ave SE Renton,WA 98056 CASE NUMBER:E0000506 czl o ZONING:R4 • ADDRESS:Address 13013 and 13029 136th Ave SE LEGAL DESCRIPTION • ACCOUNT 518210-0049-0 SITUS 13029 136TH AV SE 98055 TAXPAYER RIBERA TY QSTR NW 15 23 05 LEGAL DESCRIPTION LOT 5 BLOCK PLAT MARTINS ACRE TRS N MARTINS ACRE TRS UNREC S 110 FT OF E 215 FT OF N Y2 LESS CO RD LESS C/M RGTS ACCOUNT 518210-0050-0 SITUS 13013 136TH AV SE 98055 TAXPAYER MCCANN ENTERPRISES INC QSTR.NW 15 23 05 LEGAL DESCRIPTION LOT 5-6 BLOCK PLAT MARTINS ACRE TRS MARTINS ACRE TRS UNREC PP ACT 39961503 MOBILE HOME N 1/2 LESS S 110 FT OF E 215 FT FT LESS CO RD LESS C/M RGTS ACCOUNT: 518210-0051-0 QSTR NW 15 23 05 TAXPAYER RIBERA TY LEGAL DESCRIPTION. LOT 5-6 BLOCK PLAT MARTINS ACRE TRS MARTINS ACRE TRS UNREC S 1/2 LESS C&M RGTS E 0 5 FT FOR RD YOU HAVE BEEN FOUND TO HAVE COMMITTED A CIVIL CODE VIOLATION AND TO BE A PERSON RESPONSIBLE FOR CODE COMPLIANCE,AND YOU ARE HEREBY NOTIFIED AND ORDERED PURSUANT TO KING COUNTY ORDINANCE 13263,AS AMENDED,OF THE FOLLOWING CIVIL CODE VIOLATIONS: The King County Department of Development and Environmental Services has found the above-described location is maintained or used in violation of the King County Code THEREFORE,YOU ARE ORDERED TO CORRECT VIOLATIONS LISTED BELOW IN ACCORDANCE WITH LISTED CODE PROVISIONS AND CODES ADOPTED UNDER THE AUTHORITY OF KCC 16 04, 21A&23,REVISED CODE OF WASHINGTON 19 27 020, 19 27 031, 19 27 040,19 27 074,AND THE WASHINGTON ADMINISTRATIVE CODE 51-40-003 1 Operation of a trucking company and contractor's storage yard in excess of the non- conforming use established in 1958 including but not limited to the following • Operation of the business between the hours of 10 p m and 6 a m • Use of lot#518210050 for the business including storage of large amounts of materials on this property In violation of King County Code Section:21A.08.060A,21A.32.020,21A.32.025, 21A.32.040,21A.32.045,21A.32.055&21A.32.065. E0000506 Page 2 TO BRING THIS PROPERTY INTO COMPLIANCE 1 Reduce the business and use of the properties to the following • The business hours be limited to 6 a m to 8 p m Monday through Saturday • The business may be run from the two northern lots,lot#s 5182100049 and 5182100051 • Discontinue commercial use of parcel 5182100051 •* ANY PERMITS REQUIRED TO PERFORM THE CORRECTIVE ACTION MUST BE OBTAINED FROM THE PROPER ISSUING AGENCY Some permit applications require appointments,which may be several weeks out Please call 206-296-6797 to make an appomtment *+ FAILURE TO COMPLY WITH THIS NOTICE AND ORDER WILL SUBJECT YOU TO ADDITIONAL CIVIL PENALTIES,ABATEMENT AND/OR MISDEMEANOR ACTIONS,AND COULD LEAD TO THE DENIAL OF SUBSEQUENT KING COUNTY PERMIT APPLICATIONS ON THE SUBJECT PROPERTY CIVIL PENALTY/NOTICE OF LIEN: You shall correct all violations by January 17,2001 or you will incur an initial civil penalty against you in the amount of$900.00 If you fail to comply with the order by February 19, 2001 you will incur an additional civil penalty in the amount of S1350.00 If you fail to comply with the order by March 6,2001 you will incur another additional civil penalty in the amount of$1800.00 Any costs of enforcement including legal and incidental expenses,which exceed the amount of the penalties may also be assessed against you This Department shall periodically bill you for the amount incurred up to and through the date of billing PERIODIC BILLS ARE DUE AND PAYABLE 30 DAYS FROM RECEIPT If any assessed penalty,fee or cost is not paid on or before the due date,King County may charge the unpaid amount as a LIEN against the real property of all persons responsible for code compliance and as a JOINT AND SEVERAL PERSONAL OBLIGATION of all persons responsible for code compliance ABATEMENT WORK/NOTICE OF LIEN: icza King County may proceed to abate the violation(s)and cause the work to be done,and charge the costs thereof as c" a hen against the real property of all persons responsible for code compliance and as a Joint and several personal v obligation of all persons responsible for code compliance c" CRIMINAL MISDEMEANOR/NON-COMPLIANCE WITH FINAL ORDER. cr' Any person who willfully or knowingly causes,aids or abets a civil code violation by any act of commission or omission is guilty of a misdemeanor Upon conviction,the person shall be punished by a fine of not to exceed one c thousand dollars and/or imprisonment in the County jail for a term not to exceed 90 days Each week(7 days) such violation continues shall be considered a separate misdemeanor offense o NOTIFICATION OF RECORDING• A copy of this Notice and Order shall be recorded against the property in the King County Office of Records and Elections King County shall file a Certificate of Compliance when the property is brought into compliance APPEAL: Any person named in the Notice and Order or having any record or equitable title in the property against which the Notice and Order is recorded may appeal the order to the Hearing Examiner of King County,provided the appeal is received in writing by DDES within TWENTY-ONE days(January 11,2001)of the date of service of the Notice and Order The DATE OF SERVICE is tluee business days after the Notice and Ordei is mailed FAILURE TO APPEAL WITH THE SPECIFIC REASONS WHY THE NOTICE AND ORDER SHOULD BE REVERSED OR MODIFIED MAY RESULT IN A MOTION TO HAVE THE APPEAL DISMISSED BY THE HEARING EXAMINER FAILURE TO APPEAL WITHIN TWENTY-ONE DAYS OF THE DATE OF SERVICE RENDERS THE NOTICE AND ORDER A FINAL DETERMINA rlON THAT THE CONDITIONS DESCRIBED IN THE NOTICE AND ORDER EXISTED AND CONS i ITUTED A CIVIL CODE VIOLA LION, AND THAT THE NAMED PARTY IS LIABLE AS A PERSON RESPONSIBLE FOR CODE COMPLIANCE DUTY TO NOTIFY: The person(s)responsible for code compliance has the DUTY TO NOTIFY the Department of Development and Environmental Services-Building Services Division of ANY ACTIONS TAKEN TO ACHIEVE COMPLIANCE WITH THE NOTICE AND ORDER DATED s cembe 18 00 E b Derai Code Enforcement Supervisor ED SLUX rab Cc Courtney A Taylor,Philips,McCullough,Wilson,Hill&Fikso Cheryl Philips Mosteller Bob Arthur,City of Renton m t - KING COUNTY 01IJ1L1i1.JJlII DEPARTMENT OF DEVELOPMENT e." AND ENVIRONMENTAL SERVICES SW° 900 Oakesdale Avenue Southwest Renton,WA 98055-1219 M/S OAK-DE-0100 V. Ty Ribera 17937 Cedar Grove Rd Maple Valley WA 98038 McCann Enterprises Inc 13029 136th Ave SE Renton,WA 98056 McCann Enterprises Inc do Bob McCann PO Box 2827 NOTICE OF KING COUNTY CODE Renton WA 98056 VIOLATION:CIVIL PENALTY ORDER: ABATEMENT ORDER: Tydico,Inc NOTICE OF LIEN:DUTY TO NOTIFY 13029 136th Ave SE Renton,WA 98056 CASE NUMBER:E0000506 SUPPLEMENTAL • ZONING:R4 ADDRESS:Address 13013 and 13029 136"'Ave SE q s LEGAL DESCRIPTION ACCOUNT. 518210-0049-0 SITUS 13029 136TH AV SE 98055 TAXPAYER. RIBERA TY QSTR NW 15 23 05 LEGAL DESCRIPTION LOT 5 BLOCK PLAT MARTINS ACRE TRS MARTINS ACRE TRS UNREC S 110 FT OF E 215 FT OF N'/z LESS CORD LESS C/M 1 RGTS • ACCOUNT 518210-0050-0 SITUS 13013 136TH AV SE 98055 TAXPAYER MCCANN ENTERPRISES INC QSTR NW 15 23 05 LEGAL DESCRIPTION LOT 5-6 BLOCK PLAT MARTINS ACRE TRS MARTINS ACRE TRS UNREC PP ACT 39961503 MOBILE HOME N 1/2 LESS S 110 FT OF E 215 FT FT LESS CO RD LESS C/M RGTS ACCOUNT 518210-0051-0 QSTR NW 15 23 05 TAXPAYER RIBERA TY LEGAL DESCRIPTION LOT 5-6 BLOCK PLAT MARTINS ACRE TRS MARTINS ACRE TRS UNREC S 1/2 LESS C&M RGTS E 0 5 FT FOR RD YOU HAVE BEEN FOUND TO HAVE COMMITTED A CIVIL CODE VIOLATION AND TO BE A PERSON RESPONSIBLE FOR CODE COMPLIANCE,AND YOU ARE HEREBY NOTIFIED AND ORDERED PURSUANT TO KING COUNTY ORDINANCE 13263,AS AMENDED,OF THE FOLLOWING CIVIL CODE VIOLATIONS: The King County Department of Development and Environmental Services has found the above-described location is maintained or used in violation of the King County Code NOTE: This Supplemental Notice is to correct parcel numbers in the original Notice&Order dated December 18,2000. THEREFORE,YOU ARE ORDERED TO CORRECT VIOLATIONS LISTED BELOW IN ACCORDANCE WITH LISTED CODE PROVISIONS AND CODES ADOPTED UNDER THE AUTHORITY OF KCC 16 04, 21A&23,REVISED CODE OF WASHINGTON 19 27 020,19 27 031,19 27 040,19 27 074,AND THE WASHINGTON ADMINISTRATIVE CODE 51-40-003 1 Operation of a trucking company and contractor's storage yard in excess of the non- conforming use established m 1958 including but not limited to the following • Operation of the business between the hours of 10 p m and 6 a m • Use of lot#5182100051 for the business including storage of large amounts of materials on this property In violation of King County Code Section:21A.08.060A,21A.32.020,21A.32.025, 21A.32.040,21A.32.045,21A.32.055&21A.32.065. Ty Ribera,McCann Enterpnses,Tydico,Inc E0000506 Page 2 TO BRING THIS PROPERTY INTO COMPLIANCE 1 Reduce the business and use of the properties to the following • The business hours be limited to 6 a m to 8 p in Monday through Saturday • The business may be run from the two northern lots,lot#s 5182100049 and 5182100050 • Discontinue commercial use of parcel 5182100051 ** ANY PERMITS REQUIRED TO PERFORM THE CORRECTIVE ACTION MUST BE OBTAINED FROM THE PROPER ISSUING AGENCY Some permit applications require appointments,which may be several weeks out Please call 206-296-6797 to make an appointment •• FAILURE TO COMPLY WITH THIS NOTICE AND ORDER WILL SUBJECT YOU TO ADDITIONAL CIVIL PENALTIES,ABATEMENT AND/OR MISDEMEANOR ACTIONS,AND COULD LEAD TO THE DENIAL OF SUBSEQUENT KING COUNTY PERMIT APPLICATIONS ON THE SUBJECT PROPERTY CIVIL PENALTY/NOTICE OF LIEN: You shall correct all violations by January 17,2001 or you will incur an initial civil penalty against you in the amount of$900.00 If you fail to comply with the order by February 19, 2001 you will incur an additional civil penalty in the amount of S1350.00 If you fail to comply with the order by March 6,2001 you will incur another additional civil penalty in the amount of$1800.00 Any costs of enforcement including legal and incidental expenses,which exceed the amount of the penalties may also be assessed against you This Department shall penodically bill you for the amount incurred up to and through the date of billing PERIODIC BILLS ARE DUE AND PAYABLE 30 DAYS FROM RECEIPT If any assessed penalty,fee or cost is not paid on or before the due date,King County may charge the unpaid amount as a LIEN against the real property of all persons responsible for code compliance and as a JOINT AND SEVERAL PERSONAL OBLIGATION of all persons responsible for code compliance ABATEMENT WORK/NOTICE OF LIEN. LA King County may proceed to abate the violation(s)and cause the work to be done,and charge the costs thereof as a hen against the real property of all persons responsible for code compliance and as a Joint and seveial personal obligation of all persons responsible for code compliance CRIMINAL MISDEMEANOR/NON-COMPLIANCE WITH FINAL ORDER: Any person who willfully or knowingly causes,aids or abets a civil code violation by any act of commission or omission is guilty of a misdemeanor Upon conviction,the person shall be punished by a fine of not to exceed one thousand dollars and/or imprisonment in the County jail for a term not to exceed 90 days Each week(7 days) such violation continues shall be considered a separate misdemeanor offense NOTIFICATION OF RECORDING: .7"-' A copy of this Nonce and Order shall be recorded against the property in the Ktng County Office of Records and Elections King County shall file a Certificate of Compliance when the property is brought into compliance APPEAL: Any person named in the Notice and Order or having any record or equitable title in the property against which the Notice and Order is recorded may appeal the order to the Hearing Examiner of King County,provided the appeal is received in writing by DDES within TWENTY-ONE days(January 26,2001)of the date of service of the Notice and Order The DATE OF SERVICE is three business days after the Notice and Order is mailed FAILURE TO APPEAL WITH THE SPECIFIC REASONS WHY THE NOTICE AND ORDER SHOULD BE REVERSED OR MODIFIED MAY RESULT IN A MOTION TO HAVE THE APPEAL DISMISSED BY THE HEARING EXAMINER FAILURE TO APPEAL WITHIN TWENTY-ONE DAYS OF THE DATE OF SERVICE RENDERS THE NOTICE AND ORDER A FINAL DETERMINATION THAT THE CONDITIONS DESCRIBED IN THE NOTICE AND ORDER EXISTED AND CONSTITUTED A CIVIL CODE VIOLATION, AND THAT THE NAMED PARTY IS LIABLE AS A PERSON RESPONSIBLE FOR CODE COMPLIANCE DUTY TO NOTIFY: The person(s)responsible for code compliance has the DUTY TO NOTIFY the Department of Development and Environmental Services-Building Services Division of ANY ACTIONS TAKEN TO ACHIEVE COMPLIANCE WITH THE NOTICE AND ORDER DATED this January 2,2001 EIabeth Deraitus Code Enforcement Supervisor ED SLUX rab Cc Courtney A. Taylor, Philips,McCullough,Wilson,Hill&Fikso Cheryl Philips Mosteller Bob Arthur,City of Renton \ tzmanam ' �{ III - — • ' I III �I II II IIII II II III I IIII III 1.. IIII II III. 1 IIII II.; i IIII illl I IIII Ip IIII I 1 III IIII I III IiI 4 I nl I,I I�i II l ill IIII ill I I'I Ill i IIII W I I i IL I'Il ° Im I II' I' ur, IIII III. Ie.1 I bl - III I I III Ilii I II I IIII IIII IIII IIII ill I I I KING COUNTY 2 c e 0e �! 05 8000 80 DEPARTMENT OF DEVELOPMENT eniire9e!te AND ENVIRONMENTAL SERVICES KING COUNTY, UN 900 Oakesdale Avenue Southwest Renton,WA 98055-1219 M/S OAK-DE-0100 V. Ty Ribera 17937 Cedar Grove Rd Maple Valley WA 98038 McCann Enterprises Inc 13029 136th Ave.SE Renton,WA 98056 McCann Enterprises Inc. 0o do Bob McCann PO Box 2827 NOTICE OF KING COUNTY CODE o Renton WA 98056 VIOLATION:CIVIL PENALTY ORDER: coABATEMENT ORDER: Tydico,Inc. NOTICE OF LIEN:DUTY TO NOTIFY 13029 136th Ave.SE Renton,WA 98056 CASE NUMBER:E0000506 SUPPLEMENTAL 2 ZONING:R4 ADDRESS:Address:13013 and 13029 1361 Ave SE LEGAL DESCRIPTION: ACCOUNT: 518210-0049-0 SITUS: 13029 136TH AV SE 98055 TAXPAYER: RIBERA TY QSTR.NW 15 23 05 LEGAL DESCRIPTION: LOT 5 BLOCK PLAT:MARTINS ACRE TRS MARTINS ACRE TRS UNREC S 110 FT OF E 215 FT OF N'/2 LESS CO RD LESS C/M RGTS ACCOUNT 518210-0050-0 SITUS: 13013 136TH AV SE 98055 TAXPAYER: MCCANN ENTERPRISES INC. QSTR.NW 15 23 05 LEGAL DESCRIPTION: LOT 5-6 BLOCK PLAT:MARTINS ACRE TRS MARTINS ACRE TRS UNREC PP ACT 39961503 MOBILE HOME N 1/2 LESS S 110 FT OF E 215 FT FT LESS CO RD LESS C/M RGTS ACCOUNT: 518210-0051-0 QSTR.NW 15 23 05 TAXPAYER: RIBERA TY LEGAL DESCRIPTION: LOT 5-6 BLOCK PLAT:MARTINS ACRE TRS MARTINS ACRE TRS UNREC S 1/2 LESS C&M RGTS E 0 5 FT FOR RD YOU HAVE BEEN FOUND TO HAVE COMMITTED A CIVIL CODE VIOLATION AND TO BE A PERSON RESPONSIBLE FOR CODE COMPLIANCE,AND YOU ARE HEREBY NOTIFIED AND ORDERED PURSUANT TO KING COUNTY ORDINANCE 13263,AS AMENDED,OF THE FOLLOWING. CIVIL CODE VIOLATIONS: The King County Department of Development and Environmental Services has found the above-described location is maintained or used in violation of the King County Code THEREFORE,YOU ARE ORDERED TO CORRECT VIOLATIONS LISTED BELOW IN ACCORDANCE WITH LISTED CODE PROVISIONS AND CODES ADOPTED UNDER THE AUTHORITY OF KCC 16 04, 21A&23,REVISED CODE OF WASHINGTON 19 27.020,19 27 031,19 27 040,19 27 074,AND THE WASHINGTON ADMINISTRATIVE CODE 51-40-003 I Construction without the required permit(s)and inspection approvals. a Construction of accessory structures including garages/shops without the required permits and approvals. b. Construction of an in-ground pool without the required permits and approvals. c. Placement/storage of mobile construction offices onsite without the required permits and approvals. KCC 16.70,16.04.010-.050,16.04.05025,16.04.05053,016.04.094 UBC 106.1 - J Ty Ribera,McCann Enterprises,Tydico,Inc. E0000506 Page 2 2. Placement and Occupancy of a mobile home without the required permits and approvals. KCC 16.04.090-.091,21A.14.160 3 Change of use of two single-family residences to office space without the required permits and approvals. KCC 16.04.05025 UBC 106.1&109 4. Operation of a Construction and Trade business in a R4 zone including but not limited to the following: a. Storage of construction vehicles,mobile construction office units,fill,and other construction materials NOTE:The placement of the fill is being handled under case#E0000394. This citation is in regards to the use of the fill in the business activity. b. Use of two single-family residences as office space and accessory buildings on parcels 5182100049&5182100050. c Exceeding the maximum allowed 55%impervious surfaces. d. Maintenance and repair of construction vehicles and equipment KCC 21A.12.030 KCC 12A.08.060A,21A.06.247,SIC major group#15-17,UFC 105.8 Article 29 including 2901 5. Installation of fuel tanks,dispensing fuel and collection of waste oil without the required permits,inspections and approvals. UFC 105.8 Article 79 including 7901.1.1,7901.3.1 TO BRING THIS PROPERTY INTO COMPLIANCE: 1. Apply for and obtain all required permits and approvals for the accessory structures including garages/shops,the in-ground swimming pool,and the placement of mobile construction offices or demolish and/or remove those structures from the property. 2. Apply for and obtain the required permits for the mobile home or cease occupancy and remove it from the property 3. Return the use of the two single-family residences from office space to residential. 4. Cease operation of a Construction and Trade business in a R4 zone including but not limited to the following: a. Cease storage of all construction vehicles,mobile construction office umts,fill,and other construction materials b. Return the two single-family residences and accessory buildings on parcels 5182100049 &5182100050 to residential use. c. Reduce the impervious surface to a maximum of 55%for each lot d. Cease maintenance and repair of vehicles and equipment 5. Cease dispensing and storage of fuel and waste oil. Apply for and obtain the required permits and inspections to remove storage containers ** ANY PERMITS REQUIRED TO PERFORM THE CORRECTIVE ACTION MUST BE OBTAINED FROM THE PROPER ISSUING AGENCY. Some permit applications require appointments,which may be several weeks out Please call 206-296-6797 to make an appointment ** FAILURE TO COMPLY WITH THIS NOTICE AND ORDER WILL SUBJECT YOU TO ADDITIONAL CIVIL PENALTIES,ABATEMENT AND/OR MISDEMEANOR ACTIONS,AND COULD LEAD TO THE DENIAL OF SUBSEQUENT KING COUNTY PERMIT APPLICATIONS ON THE SUBJECT PROPERTY. CIVIL PENALTY/NOTICE OF LIEN: You shall correct all violations by May 21,2001,or you will incur an initial civil penalty against you in the amount of$800.00 for violation number one,$800.00 for violation number two,$800.00 for violation number three,$900.00 for violation number four,and$900.00 for violation number five.If you fail to comply with the order by June 21,2001 you will incur an additional civil penalty in the amount of$1200.00 for violation number one,$1200.00 for violation number two,$1200.00 for violation number three,$1350.00 for violation number four,and$1350.00 for violation number five. If you fail to comply with the order by July 6, 2001 you will incur another additional civil penalty in the amount of$1600.00 for violation number one,$1600.00 for violation number two,$1600.00 for violation number three, $1800.00 for violation number four,and$1800.00 for violation number five. Any costs of enforcement including legal and incidental expenses,which exceed the amount of the penalties may also be assessed against you. This Department shall periodically bill you for the amount incurred up to and through the date of billing. PERIODIC BILLS ARE DUE AND PAYABLE 30 DAYS FROM RECEIPT. If any assessed penalty,fee or cost is not paid on or before the due date,King County may charge the unpaid amount as a LIEN against the real property of all persons responsible for code - compliance and as a 30INT AND SEVERAL PERSONAL OBLIGATION of all persons responsible for code compliance. • Ty Ribera,McCann Enterprises,Tydico,Inc. E0000506 Page 3 ABATEMENT WORK/NOTICE OF LIEN: King County may proceed to abate the violation(s)and cause the work to be done,and charge the costs thereof as a hen against the real property of all persons responsible for code compliance and as a jomt and several personal obligation of all persons responsible for code compliance. CRIMINAL MISDEMEANOR/NON-COMPLIANCE WITH FINAL ORDER: .Any person who willfully or knowingly causes,aids or abets a civil code violation by any act of commission or omission is guilty of a misdemeanor Upon conviction,the person shall be punished by a fine of not to exceed one thousand dollars and/or imprisonment in the County jail for a term not to exceed 90 days Each week(7 days)such violation continues shall be considered a separate misdemeanor offense. NOTIFICATION OF RECORDING: A copy of this Notice and Order shall be recorded against the property in the King County Office of Records and Elections. King County shall file a Certificate of Compliance when the property is brought into compliance. APPEAL: Any person named in the Notice and Order or having any record or equitable title in the property against which the Notice and Order is recorded may appeal the order to the Hearing Examiner of King County,provided the appeal is received in writing by DDES within TWENTY-ONE days(May 15,2001)of the date of service of the Notice and Order. The DATE OF SERVICE is three business days after the Notice and Order is mailed FAILURE °o, TO APPEAL WITH THE SPECIFIC REASONS WHY THE NOTICE AND ORDER SHOULD BE REVERSED OR MODIFIED MAY RESULT IN A MOTION TO HAVE THE APPEAL DISMISSED BY THE HEARING EXAMINER FAILURE TO APPEAL WITHIN cai TWENTY-ONE DAYS OF THE DATE OF SERVICE RENDERS THE NOTICE AND ORDER A FINAL DETERMINATION THAT THE CONDITIONS DESCRIBED IN THE NOTICE AND ORDER EXISTED AND CONSTITUTED A CIVIL CODE VIOLATION, AND THAT THE NAMED PARTY IS LIABLE AS A PERSON RESPONSIBLE FOR CODE COMPLIANCE. o DUTY TO NOTIFY: `v The person(s)responsible for code compliance has the DUTY TO NOTIFY the Department of Development and Environmental Services-Building Services Division of ANY ACTIONS TAKEN TO ACHIEVE COMPLIANCE WITH THE NOTICE AND ORDER DATED this April 19,2001. iza a Deraitus Code Enforcement Supervisor ED.SLUX.rab Cc: Mike Spence Cheryl Pluhps Mosteller Bob Arthur,City of Renton Mark Ossewaarde,King County Fire Marshal Sandy Vanluren,King County Council via Email �A �; �� Ned for Record'atReq Request of and - When Recorded<Return:To: 5(50..FirstAvenue LLC,. 127 Bellevue'Way SE,ste`'100...,.:. 20020801001651 Bellevue,WA 98004. ECI No 2002-0603 ; • TRANSNATION TGE 001 OF01 0 DT 23.00 • 8/0�17Z00Z 413 •`.,,., IKG COUNTY, WR Document Title:.-ALL-INCLUSIVE DEED OF TRUST Reference numbers of related documents: N/A Grantor: `_:. 5050 First Avenue,LLC,a Washmgton limited liability company Trustee: MARK HODGES&ASSOCIATES,P S,a Washington corporation LetGranteeBeneficiary:.., IJIBERTY'RIDGE L.L C,a Washington limited liability company Las Tax Assessor's Tax Parcel-#s: ;' :_' 51 821 00049,.5182100050 and 5182100051 o 07a Soo-1001 � 10�8 (cas crs ALL-INCLUSIVE DEED OF TRUST °`'' FILED FOR RECORD AT THE REQUEST OF TRANSNATION TITLE INSURANCE CO. THIS ALL-INCLUSIVE DEED OF TRUST, made this 25th day of July, 2002 between 5050 First Avenue,LLC., a Washington limited liability company,whose address is 127 Bellevue Way SE, Ste 100, Bellevue, WA 98004 and Mark Hodges & Associates, P S, Trustee, whose address is 127 Bellevue Way SE, Ste 100, Bellevue, Washmgton 98004 and Liberty Ridge L L.0, a Washington limited liability company,Beneficiary,whose address is 9125 10th Avenue S.,Seattle,WA 98108. WITNESSTH,Grantor hereby bargains,grants,sells and conveys to Trustee in Trust,with power of sale the following described real property in King County.,Washington -sky Nt y /i 5/S?23it) q- THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A, "ATTACHED, SUBJECT TO THE EXCEPTIONS TO TITLE SET FORTH ON EXHIBIT B, ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF which real property is not used principally for agricultural or farmmg purposes, together with all tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or m any way appertammg,and the rents,issues and profits thereof ALL-INCLUSIVE DEED OF TRUST—Page 1 This.Deed of..Ttust rs for..the purpose of securing 1-'` Performance.:Of each agreement of grantor herein contained. 2 Payment of,:the,indebtedness evidenced by one ALL-INCLUSIVE promissory note of even date herewith,,and 4ivexten$19zi or renewal thereof, in the principal sum of NINE HUNDRED FORTY FIVE THOUSAND,AND NO/ O0($945,000,00)payable to beneficiary or order This is an ALL INCLUSIVE-:Deed of Trust, securing an ALL INCLUSIVE promissory note inthe original principal amount of 1U. „1,UDNRED FORTY FIVE THOUSAND AND NO/100 :.,,,Dollars:•Ther:prmcipal balance of this deed''oftr`ust includes the outstanding balances of the underlymg obligations;existing„against the real estate providing collateral for this Deed of Trust as of the date of closing`.heteof,..if any,which Beneficiary shall continue to pay according to the terms thereof TO PROTECTTHE SECURITY OF THIS DEED OF TRUST,Grantor covenants and agrees: (1) To keep the property zn:good condition and repair; to permit no waste thereof, to complete any building, structure or improvement:being built''or about to be built thereon, to restore promptly any Loss building,structure or improvement thereon which ma.`he damaged or destroyed, and to comply with car all laws,ordinances,regulations,covenants and restrictions..affectinwthe'property (2) Topay before delinquent all lawful taxes and assess rients,upon:t aproperty,to the property 9 keep p PAY free and clear of all other charges,liens or encumbrances impairing'the security of this Deed of Trust (3) To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear and then to the Grantor The amount collected under any insurance policy may be applied upon any mdebtedness hereby secured in such order as the Beneficiary shall determine Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale (4) To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. (5) To pay all costs,fees and expenses in connection with this Deed of Trust,mcludmg the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred as provided by statute. (6) Should Grantor fail to pay when due any taxes, assessments, insurance premiums, hens, encumbrances or other charges against the property heremabove described, Beneficiary may pay the ALL-INCLUSIVE DEED OF TRUST—Page 2 • same, and'the amount so paid, with interest at the rate set forth in the note secured hereby, shall be ;added to and beconfe apart of the debt secured in this Deed of Trust. 11'M.11 JTUALLY AGREED THAT. 1. In the event,any portion,of the property is taken or damaged in an eminent domain proceeding, the entire amount izif the' award::or,;such portion thereof as may be necessary to fully satisfy the obligation secured hereby,shall be paidtooBeneficiary to:,be applied to said obligation. ] y accepting payment of any'sum:;secured hereby after its due date,Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay 3 The Trusteesshall reconvey all or any part of the property covered by this Deed of Trust to the person,entitled thereto on`written request of the Grantor and the Beneficiary,or upon satisfaction of the obligation secured and:written°request for reconveyance made by the Beneficiary or the person entitled thereto 4 Upon default byTrintor in;the-payment of any indebtedness secured hereby or m the performance of any agreement°contained herein,'all sums secured hereby shall immediately become due and payable at the option of the Beneficiary` In s tch`event and upon written request of Beneficiary, yes Ju- Trustee or its authorized agent shall self the trust.property.,..in accordance with the Deed of Trust Act of 7"- the State of Washington,at public auction to the..highest=bidder .Any person except Trustee may bid at Trustee's sale Trustee shall apply the proceeds of the sale as follows. (1) to the expense of sale, r.- including a reasonable Trustee's fee and attomey's fee;'(2)'to the'obligation secured by this Deed of • Trust, (3) the surplus, if any, shall be deposited with the clerk of the superior court of the county in m which the sale took place to be distributed in accordance with RCW 6124 080 cw 5 Trustee shall deliver to the purchaser at the sale its deed,without warranty,which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust,and such as he may have acquired thereafter Trustee's deed shall recite the facts showing that the sale was conducted m compliance with all the requirements of law and of this Deed of Trust,which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy,Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage 7 In the event of the death, incapacity or disability or resignation of Trustee, Beneficiary shall appoint in writing a successor trustee, and upon the recordmg of such appomtment in the mortgage records of the county m which this Deed of Trust is recorded,the successor trustee shall be vested with all powers of the original trustee The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor,Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee 8 This Deed of Trust applies to, inures to the benefit of, and is bindmg not only on the parties ALL-INCLUSIVE DEED OF TRUST—Page 3 , hereto,but on their heirs,devises,legatees,administrators,executors,successors and assigns The term Beneficiary shall:pan the holder and owner of the note secured hereby, whether or not named as Beneficiary herein, 9. By::Beneficiary's:acceptance of this::ALL-INCLUSIVE Deed of Trust,Beneficiary covenants and agrees that,provided Granter ter is not delinquent or m default under the terms of the Note secured hereby, Beneficiary shall°`pay all mstallnmennts of principal and interest which shall hereafter become due ,pursuant to the provisions of the Underlying Note as and when the same become due and payable. In the event Grantor shall be.•.delinquent or•;ui:default Under the terms of the Note secured hereby, Beneficiary shall not be obligated to Make any payinents required by the terms of the Underlying Note until such delinquency or default is mired.....,In the'event Beneficiary fails to timely pay any installment of principal or mterest on the Underlying Note:at the time when Grantor is not delinquent or in default under the"terms of the Note secured hereby, Grantor may, at Grantor's option make such payment dire tly tea°the::holder:.of such Underlying Note, m which event Grantor shall be entitled to a credit against the.next,nistallment(s)of principal and interest due under the terms of the Note secured hereby equal to the amount so:paid at d°.including,without limitation,any penalty,charges and expenses paid by Grantor to::the,,lolders of tlte.:Underlying Note on account of Beneficiary's failing to make such payment. The obligations,of BeneficiaryHereunder shall terminate upon the earliest of(i) foreclosure of the lien of tins ALLAL,CjUSIWE Deed;,of Trust or(li)cancellation of the Note secured hereby and reconveyance of this All-INCLUSIVE Deed of'Tust'' Should Grantor be delinquent or under the term, `of the Note secured hereby, `ter'` Beneficiary consequently incurs any penalties;:charges,or other expenses on account of the Underlying Note during the period of such delinquency or de.*atilt,,the amount•`of such penalties, charges and cc expenses shall be immediately added to the principal amount of the Note secured hereby and shall be immediately payable by Grantor to Beneficiary cog cot If at any time the unpaid balance of the Note secured hereby, accrued interest thereon, and all cvr other sums due pursuant to the terms thereof and all sums advanced by Beneficiary pursuant to the terms of this Deed of Trust, is equal to or less than the unpaid balance of the Underlying Note and accrued mterest thereon, the Note secured hereby, at the option of the Beneficiary and provided Beneficiary is released from all further liability pursuant to the underlying Note,shall be cancelled and said property shall be reconveyed from the lien of the Deed of Trust 10 Grantor and Beneficiary agree that in the event the proceeds of any condemnation award or settlement in lieu thereof,or the proceeds of any casualty insurance covering destructible improvements located upon said property,are applied by the holder of the Underlying Note in reduction of the unpaid principal amount thereof,the unpaid principal balance of the Note secured hereby shall be reduced by an equivalent amount and be deemed applied to the last sums due under the Note. 11. At such time as the Note secured hereby is paid in full,the Beneficiary herein agrees to pay the Underlying Note in full within ten(10)days thereafter 12 Any demand hereunder delivered by Beneficiary to Trustee for the foreclosure of this Deed of Trust may not be more than the sum of the following amounts (i) the difference between the then unpaid balance of principal and interest on the Note ALL-INCLUSIVE DEED OF TRUST—Page 4 • secured hereby and the then unpaid balance of principal and interest on the Underlying Note,plus En)/ ''the<aggregate`of all amounts theretofore paid by Beneficiary pursuant to the terms of this Deed of Trost prior to*date of such foreclosure sale,for taxes and assessments,insurance premiums, delinquency,Charges(foreclosure, costs, and any other sums advanced by Beneficiary pursuant to the terms of this Deed .of Trust,.,to`�the extent the same were not previously repaid by Grantor to Beneficiary;plus <(ui) the costs of foreclosure hereunder,:plus attorneys' fees and costs incurred by Beneficiary inenforcing this Deed of Trust orthe Wote secured hereby as permitted by law 13 ;Notwithstanding any provision to the contrary herein contamed,in the event of a Trustee's sale in furtherance!:of the foreclosure of this Deed of Trost,the balance then due on the Note secured hereby, for the purpose:of Beneficiary's demand,shall be reduced,as aforesaid,by the unpaid balance,if any,of principal and interest,then due on the Underlying Note, satisfactory evidence of which unpaid balance must be submitted:to the trustee:;.pnor to such sale. The trustee may rely on any statements received from Beneficiary m ihis regard and such statements shall be deemed binding and conclusive as between Beneficiary and Grantor"-on the: one.:hand, and the trustee on the other hand, to the extent of such reliance 14 In the event that the real property;°'enc:imbered hereby is sold, transferred or conveyed, or any Law Beneficial interest therein, sold,transferred or conveed,then all,sumF owing under the Note secured .�— by this Deed of Trust shall be due and payable immediately at the,option of Holder c= e=L .:. ca — 5050 First Avenue,LLC, `:=° a Washm on limited habil company my C." BY ark E Hodges, age( APPROVED AND ACCEPTED AS TO FORM AND CONTENT: Liberty Ridge L.L C, a Washington limited liability company BY C \-NY-N � Gary M.M lino,Manager ALL-INCLUSIVE DEED OF TRUST—Page 5 STATE OF`WASHINGTON ) ss COUNTY OF KING ) I hereby certify that I;know or,have satisfactory evidence that MARK E HODGES is the person who appeared before rrie:and"said.,person acknowledged that he signed this mstrument on oath stated that he is°authorized to execute the itistniment,andt acknowledged it as the Manager of 5050 FIRST AVENUE, 'LLC"'to be the free and voluntary act=o such,party,;for the uses and purposes mentioned in this mstrunent, GIVEN:wider my hand and official seal'tins day of July,2002. ..•_ PRE_ KAN4pkitl r ;',551011� ,O '"""" �?• NOTARY P LI in an, for the State o '°•••PUBLIC Washm o residm at�_. t+`y'�'4 g,qa:;•� �.%';; Commission expires. - O OFw s\A.:...: ter c REQUEST FOR FULL RECONVEVAIIT•CE rr- v TO TRUSTEE � ad 0 The undersigned is the legal owner and holder of the note and all other mdebtedness secured by the within (-4 Deed of Trust Said note, together with all other indebtedness secured by said Deed of Trust,has been fully paid and satisfied, and you are hereby requested and directed,on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,and to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder DATED this day of ,200_ LIBERTY RIDGE L L C BY. Gary M Merlmo,Manager ALL-INCLUSIVE DEED OF TRUST—Page 6 EXHIBIT A • Legal Description of the Premises PARCEL A' THE SOUTH,;'11Q FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY ` ' ,_• THE NORTH 1/2 OF THE SOUTHEAST 1j4'OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECT1ON"-15, 23 NORTH, RANGE 5 EAST •W.M.; • . EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; (ALSO KNOWN AS THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE NORTH ;;i./2 OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED;PLAT THEREOF); SITUATE IN THE„COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF'THE NORTHWEST 1/4 OF THE `cala' NORTHWEST OF SECTION 1:�5r._ 23 1 4 TOWNSHIP ;: NORTH, RANGE 5 EAST W.M.; / CO EXCEPT THE EASTERLY 7.5 FEET FOR ROAD,, COlt COL (ALSO KNOWN AS THE SOUTHERLY 1/2 OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); ccr SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. crvk PARCEL C: THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; (ALSO KNOWN AS THE NORTH 1/2 OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF; EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF SAID TRACT 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ALL-INCLUSIVE DEED OF TRUST—Page 7 • L ` • EXHIBIT B Exceptions to Title 1 Reservation 'coritained in deed from the Northern Pacific Railroad Company, recorded'Julie°20, 1900 under,Recording No. 192430, as follows: Reserving a idx excepting from said lands so much or such portions thereof as are or may be mineral lands or contai:i coal;or iron, and also the use and the right and title to the use of such surface grourd as may be necessary for mining operations, and the right of access to such reserved,'and excepted mineral lands, including lands containing coal or iron for:the::,purpose of exploring, developing and working the same::., • 2 ORbIMANCE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: "'" :'` • JUNE 21, 1996 RECORDING NO.:: :` 9606210966 REGARDING..' SANITARY SEWER SERVICE AND ESTABLISHING THE AMOUNT OF THE ,CHARGE UPON CONNECTION TO THE FACILITIES, AFFECTING SAID PREMISES AND OTHER PROPERTY Laz 3. Right to make necessary slopes for omits or fills:'upon•athe land herein described as granted to King County by deed recorded under Recording No. 5407391. c1, �-- 4. Hazardous Substances Certificate and Indemnity imposed by instrument recorded on 4= March 17, 2000, under Recording No. 20000317000990. ca 0 av 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: w GRANTOR: TY H. RIBERA, AS HIS SEPARATE ESTATE, AS TO PARCELS A AND B, AND MCCANN ENTERPRISES, INC., A WASHINGTON CORPORATION, AS TO PARCEL C TRUSTEE: PACIFIC NORTHWEST TITLE INSURANCE COMPANY OF WASHINGTON, INC. BENEFICIARY: PACIFIC NORTHWEST BANK ADDRESS: 11100 N.E. 8'" , BELLEVUE, WA 98004 LOAN NO.: 1-12227-3 ORIGINAL AMOUNT: $800,000.00 DATED: MARCH 14, 2000 RECORDED: MARCH 17, 2000 RECORDING NO.: 20000317000989 ALL-INCLUSIVE DEED OF TRUST Page 8 6. ;°',:' DEED OFTRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR:;'-;.,.•`` .. TY RIBERA : ".TRYJSTE :`a.. �`:::,.s' WASHINGTON TITLE INSURANCE < : CORPORATION COMPANY, A BENEFICIAR'Y:;,; --...•...,:.:. BOB MCCANN ORIGINAL AMOUNT:,:--•;, `'; .. • $200,000.00 DATED: MARCH 16, 2000 RECORDED: ` ' '`:,MARCH 17, 2000 'RECORDING NO.:":-..--...'''./. ./ ..-....'''''-......1 0.00,.0317000991 (Covers Parcels A &B) . 7..•'` •.DEED OF TRUST AND THE TERMS'AND'CONDITIONS THEREOF: - �` GRANTOR MCCANN ENTERPRISES, INC. '::TRUSTEE,;'":; WASHINGTON TITLE COMPANY, A CORPORATION BENEFICIARY;; ,. .: BOB MCCANN ORIGINAL'AM'OU:NT: ,: : .6.--,::. $200,000.00 DATED: • MARCH 16, 2000 RECORDED: :..,.-.,` :;° .:' ` -:'i , .:MARCH 17, 2000 RECORDING NO.: .;_` ;: Z.00.003.17000992 (Covers Parcel C) um 8. NOTICE OF VIOLATION: o FILE NO.: E0000394 .`N ;'' .4"- CODE NO.: 16.82.060,2N24 RECORDED: JUNE 6, 200e RECORDING NO.: 20000606000585 b cv 9. NOTICE OF VIOLATION: c=cv FILE NO.: E0000506 l CODE NO.: KCC 16.04, 21A &23, REVISED CODE OF WASHINGTON 19.27.020, 19.27.031, 19.27.040, 19.27.074 AND THE WASHINGTON ADMINISTRATIVE CODE 51-40-003 RECORDED: JANUARY 9, 2001 1 RECORDING NO.: 20010109001090 10. NOTICE OF HOUSING CODE VIOLATION: FILE NO.: E0000506 CODE NO.: 21A.08.060A, 21A.32.020, 21A.32.025, 21A.32.040, 21A.32.045, 21A.32.055 & 21A.32.065 RECORDED: FEBRUARY 9, 2001 RECORDING NO.: 20010209001156 ' ALL-INCLUSIVE DEED OF TRUST—Page 9 NOTICE OF"'VIOLATION: FILE NO. E0000506 COD 'N0:t.`` r. KCC 16.70, 16.04.010-050, 16.04.05025, 16.04.05053, 016.04.094 UBC 106.1 RECORD [ MAY 8, 2001 RECORDING�:NQ. :.......,,. 20010508000380 c) Cr.) cv ALL-INCLUSIVE DEED OF TRUST—Page 10 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 27, 2009 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Tydico Site Comprehensive Plan Amendment jl LUA (file) Number: LUA-02-144, ECF, CPA, R Cross-References: LUA02-139, 02-140, 02-141, 02-142, 02-149 AKA's: Project Manager: Don Erickson Acceptance Date: December 16, 2002 Applicant: Liberty Ridge LLC Owner: 5050 First Avenue LLC Contact: David Halinen, Halinen Law Offices, P.S. PID Number: 5182100049; 51821000050; 5182100051 ERC Decision Date: September 16, 2003 ERC Appeal Date: October 3, 2003 Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Proposed non-project action Comp Plan Amendment/Rezone to change the land use designation shown on the Land Use Map for this 9.5-acre site from RSF with R-8 zoning to RO with R-10 zoning. The site is currently under consideration for annexation into the City. A special annexation election is scheduled for 9/16/03. A development agreement limiting future development on the site to single-family detached housing and limiting the maximum number of untis to no more than 10 units per net acre and requiring lots abutting the site's southern property line to have minimum lot widths of 50ft would be adopted prior to the new zoning going into effect. Location: W of Bremerton btwn NE 3rd and NE 2nd Comments: November 24,2003 Renton City Council Minutes Page 437 Resolution#3667 A resolution was read authorizing the Mayor and City Clerk to execute a Comprehensive Plan: Tydico development agreement with Liberty Ridge LLC (Tydico). MOVED BY Development Agreement BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE — 0 A RESOLUTION AS READ. CARRIED. Resolution#3668 A resolution was read authorizing the Mayor and City Clerk to execute a Comprehensive Plan: Merlino development agreement with SR 900 LLC(Merlino). MOVED BY BRIERE, Development Agreement SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3669 A resolution was read authorizing the Mayor and City Clerk to enter into a Comprehensive Plan: Boeing development agreement with The Boeing Company, establishing certain roles Development Agreement and responsibilities for the potential phased redevelopment of all or a portion of the Boeing Renton plant site. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Added A resolution was read terminating a moratorium on development in portions of Resolution#3670 the Heavy Industrial(IH)Zone, effective December 1, 2003. MOVED BY Planning: Heavy Industrial CORMAN, SECONDED BY NELSON, COUNCIL ADOPT THE Zone Development RESOLUTION AS READ. CARRIED. Moratorium NEW BUSINESS Councilman Corman reported receipt of complaints from some Highlands area Police: Animals at Large residents regarding menacing pit bull dogs, and he advised residents to call the Police Department if they are intimidated by any animals on the loose. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 9:03 p.m. BONNIE I, WALTON, City Clerk Recorder: Michele Neumann November 24, 2003 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3667 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH LIBERTY RIDGE LLC. WHEREAS, Liberty Ridge LLC made application to the City of Renton for a Comprehensive Plan Land Use map amendment and zoning map amendment of its property;and WHEREAS, the owner has also requested that the City proceed to annex the property into the City; and WHEREAS, the Planning Commission and the Planning and Development Committee of the Renton City Council have recommended that the requested modification to the Comprehensive Plan be granted subject to a development agreement; and WHEREAS,this development agreement is authorized under RCW 36.70B.170-210; and WHEREAS, this development agreement has been presented at a public hearing before the City Council held on November 17, 2003; and WHEREAS,the City Council has taken into account the public comment presented at the public hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to sign the Development Agreement with Liberty Ridge LLC. 1 RESOLUTION NO. 3667 • PASSED BY THE CITY COUNCIL thin 24th day of November ,2003. Bonnie I. Walton, City Clerk i � 1 APPROVED BY THE MAYOR this 24th day of _ . November , 2003. Jesse A er,Mayor Approved as to;form: , c2e„viog pia,..„„e„, Lawrence J. Warren, ity Attorney RES.1019:11/17/03:ma 2 Holly Graber- 11-17-03.doc November 17,2003 Renton City Council Minutes Page 4 In response to Council inquiry,Community Services Administrator Dennis Culp reported that the Community Services Department is interested in using the property for storage for the museum and historical society,and he is • currently identifying the costs related to this use. City Attorney Larry Warren confirmed that it is general fund property, and proceeds from the sale would be deposited into the general fund. Responding to Councilman Corman's inquiries,Ms.McFarland stated that the subject property is zoned Center Suburban(CS)and the value of the land is $174,500. Public comment was invited. Doug Kyes,Municipal Arts Commission member,3924 NE 11 th Pl.,Renton, 98056,asked Council to consider keeping the property and using it for a satellite museum. He explained that the current museum lacks office space, meeting space,display space,workshop space,and storage space. Additionally, Mr.Kyes noted that many people participate in cultural tourism,which entails enjoying the amenities of a local community,and a satellite museum would be a local attraction for the Highlands area. Craig Soucy,Vice President of Renton Firefighters Local 864, stated that Local 864 is investigating the possibility of purchasing the subject property for use as a union hall. He indicated that the property is a historical asset to the community,and asked that Local 864 be listed as an interested party. There being no further public comment,it was MOVED BY PERSSON, SECONDED BY NELSON,COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Comprehensive Plan: Economic Development Administrator Alex Pietsch announced that each Development Agreements development agreement would be handled as a separate public hearing, with (Dalpay,Tydico&Merlino) relevant public comment solicited after each presentation. Comprehensive Plan: This being the date set and proper notices having been posted and published in Dalpay Development accordance with local and State laws,Mayor Tanner opened the public hearing Agreement to consider the development agreement between the City and Dalpay Properties LLC,required for the 2003 Comprehensive Plan amendments (CPA). LIAAoGil Cerise,Senior Planner, stated that the development agreement concerns a a. 1 y 3.48-acre site,consisting of six parcels, located north of NE 12th St.,west of Union Ave.NE,and south of NE Sunset Blvd. The R-8 (Residential-eight dwelling units per acre)zoned parcels are owned by four separate parties. Mr. Cerise explained that the proposed CPA and rezone will permit 2.32 acres of property abutting the CN-zoned(Center Neighborhood) property to the north and east to be rezoned to CN,and the 1.16 acres of property abutting NE 12th St. to be rezoned to R-10(Residential-ten dwelling units per acre). Holly Grader- 11-17-03.doc November 17,2003 Renton City Council Minutes Page 5 • Mr.Cerise noted that neighborhood concerns about the proposal include traffic volume and speed issues on NE 12th St.,and the appearance of what will be built. He explained that the proposed 20-year development agreement provides the following assurances: * No commercial traffic enters or exits the CN property to the north via NE 12t St.; * Residential-development is accessed via an alley with a maximum of two accc points; • * A 15-foot wide sight-obscuring landscape buffer will be created on the CN property where it abuts R-8 and/or R-10 properties; and The lot line adjustment and/or platting occur prior to development on the new zoning lines to avoid split-zoning parcels. • Continuing,Mr.Cerise indicated that it was discovered today that Mr. Blanco, owner of the 7,000 square foot parcel,does not want to go along with the development agreement. However,the development agreement can be applied to the other parcels. He concluded by stating that if Council approves the proposed CPA and concurrent rezones to CN and R-10,approval of the Dalpay Development Agreement is recommended. In response to Mayor Tanner's inquiry regarding the Blanco parcel,Mr. Cerise stated that Mr.Blanco's parcel would still be rezoned from R-8 and R-10, and he would not participate in the development agreement. In response to Council inquiries,Mr.Cerise explained that the homes would face NE 12th St.with access to the garages via the alley from the back. He confirmed that the R-10 zoned property would act as a buffer to the commercial development to the north. He also confirmed that the two alley access points are not required. Additionally,Mr.Cerise verified that changing the zoning from R-10.to R-8 would result in a loss of four to five units,and an average of ten vehicle trips per day is estimated per single-family unit. Public comment was invited. Bruce Hulse, 1033 Shelton Ave.NE,Renton,98056,expressed his support for the proposal. Larry Wood, 1155 Shelton Ave.NE,Renton,98056,inquired as to how high the required landscape buffer would be. Mayor Tanner replied that it would he at least"eye-ball"height since it is a sight-obscuring buffer. Continuing,Mr.Wood noted that property owners residing south of NE 12th St. had submitted a petition in opposition to the rezone from R-8 to CN. Stating that the property should remain R-8,he explained that if rezoned to CN, an imbalance of retail,commercial,and multi-family dwellings will result in the neighborhood,and the CN zoning would affect the marketability of the nearby single-family residences. Holly Liraoer- 11-1/-u3.00c • November 17,2003 Renton City Council Minutes Page 6 Nick Petruska, 1174 Shelton Ave.NE,Renton, 98056,objected to the R-10 zoning due to the density,access and potential turn-around problems in the alley,and lack of a buffer between the homes and alley. He also expressed concern regarding the Blanco-owned parcel. Mr.Petruska indicated,however, that he does not object to the CN zoning to the north of the site,depending on the nature of the commercial development. Councilwoman Nelson expressed her preference for R-8 zoning rather than R- 10. Councilwoman Briere commented that R-10 zoning is better suited for the alley access,and instead of using NE 12th St.,residents will use the alley to enter and exit their property. Jim Dalpay,PO Box 2436,Renton,98059,reported that he is going to purchase the Blanco property. He noted that the site's six current property entrances will be reduced to two,thereby eliminating four accesses to NE 12th St. Mr. Dalpay expressed his support for the zoning as proposed, and confirmed that it would not be economical for him to develop the site if it were zoned R-8. There being no further public comment,it was MOVED BY PARKER, SECONDED BY NELSON,COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Comprehensive Plan: Tydico This being the date set and proper notices having been posted and published in Development Agreement accordance with local and State laws,Mayor Tanner opened the public hearing to consider the development agreement between the City and Liberty Ridge LLC(Tydico),required for the 2003 Comprehensive Plan amendments(CPA). Don Erickson, Senior Planner,stated that the development agreement pertains to the 9.46-acre site located between NE 3rd Pl.and NE 2nd Pl., if extended, and west of 136th Ave.SE,if extended. The site is currently used for heavy construction equipment storage. Mr.Erickson explained that the site is being considered for annexation by the City,and voters within the area approved annexation on September 16,2003. The proposed CPA would change the land use designation from RS (Residential Single Family)to RO(Residential Options),with concurrent R-10 zoning. Mr.Erickson stated that the proposed development agreement contains the following provisions: * Requires 100%single-family detached units; Reduces allowed density to ten units per net acre(R-10 zoning allows up to thirteen units per net acre for 100%single-family detached units); Requires a minimum 50-foot wide lot along the southern property line; Requires the owner to cease its business operations; and Requires the owner to relinquish its right to continue the existing non- conforming use. molly taraoer- 11-1/-t1j.Cto9 rage November 17,2003 Renton City Council Minutes Page 7 Mr.Erickson noted that 106 units could be placed on the site without the development agreement,and a maximum of 81 units with the agreement. In conclusion, he stated that staff recommends approval of the ten-year Tydico Development Agreement if Council approves the Comprehensive Plan amendment from RS to RO,and concurrent R-10 zoning. • Public comment was invited. There being none,it was MOVED BY PARKER, SECONDED BY NELSON,COUNCIL CLOSE THE PUBLIC HEARING. • CARRIED. Comprehensive Plan:Merlino This being the date set and proper notices having been posted and published in Development Agreement accordance with local and State laws,Mayor Tanner opened the public hearing to consider the development agreement between the City and SR 900 LLC (Merlino),required for the 2003 Comprehensive Plan amendments(CPA). Senior Planner Don Erickson stated that the development agreement concerns a vacant hillside site,consisting of 27.09 acres- 1.41 acres zoned RC(Resource Conservation)and 25.68 acres zoned RM-I(Residential Multi-Family Infill). It is located on the west side of the City above the Black River conservation area, extending from the Burlington Northern Railroad tracks to SR-900. He explained that as part of Renton's Potential Annexation Area,a 17.54-acre portion of the site was prezoned CA(Commercial Arterial)in 1996,and the same CA area was prezoned RM-I with a development agreement in 2000. The site was then annexed to the City in 2001. Continuing,Mr.Erickson said that the proposed CPA changes the designation of the 25.68-acre portion of the site from RM-I to RO(Residential Options), and staff recommends maintaining the provisions of the existing development agreement pertaining to the six-foot high barrier fencing over the length of the development,and the 100-foot setback of residential and recreation uses from the site's southern boundary. Additionally,a modification to the development agreement is recommended that restricts future development to no more than 69 single-family detached units. In conclusion,he explained that the RO land use designation with the development agreement will provide greater development flexibility than the RS'designation,while responding to concerns raised by members of the public. Mr.Erickson stated that approval of the ten-year Merlino Development Agreement is recommended if Council approves the proposed Comprehensive Plan amendment with concurrent R-10 zoning. In response to Mayor Tanner's inquiry,Mr.Erickson replied that the maximum • number of units allowed under RM-I zoning is 260,which will be reduced to no • more than 69 units with the proposed development agreement in place. Public comment was invited. Suzanne Krom,4715 1/2 36th Ave.SW,Seattle,98126, stated that she • represents Heron's Forever,a non-profit organization dedicated to protecting the Black River Riparian Forest. Ms.Krom urged Council to approve the rezone;however,she warned that the heron colony and forest will still be impacted. She recommended that the fence be fully enclosing to prevent residents and pets from entering the sanctuary,and that the distance between the development and the forest be fully maximized. Holly Graber- 11-03-03.doc —_-- J ---.. November 3,2003 Renton City Council Minutes Page 5 AUDIENCE COMMENT Ray Giometti, 323 Pelly Ave.N.,Renton,98055,addressed the subject of the Citizen Comment: Giometti- Boeing Renton site surplus property redevelopment. He stated that Boeing Boeing Renton Site EIS wants the City to grant zoning that would allow big-box retail development on both sides of Park Ave.N.;however,allowing this could impede future quality development on the land between Park Ave.N.and Logan Ave.N. He recommended that the City initially permit zoning for big-box development east of Park Ave. N.only,thus allowing better land use opportunities for property on the west side of Park Ave. N. Mr.Giometti cautioned that this is a complex issue that will be discussed for years to come,and he encouraged Council not to rush into making the decision to allow big-box retail on both sides of Park Ave. N.this early in the stages of development. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of October 27,2003. Council concur. October 27,2003 City Clerk: Special Election City Clerk submitted certified copy of the October 20,2003,King County Certification(Bales,Falk& Council meeting minutes and the September 16,2003, Special Election Tydico Annexations) certification from King County Records and Elections stating the results of the special election for the Bales,Falk,and Tydico annexations. Bales Annexation: Proposed Annexation to the City of Renton-4 votes for • '--kA 0 ' 14 4 annexation,0 votes against,PASSED;Assumption of Indebtedness-4 "yes" votes,0"no" votes,PASSED;Proposed Zoning Regulation-2 votes for adoption,2 votes against,FAILED. Falk Annexation: Proposed Annexation to the City of Renton-4 votes for annexation,0 votes against, PASSED; Assumption of Indebtedness-4 "yes" votes,0 "no" votes,PASSED;Proposed Zoning Regulation-4 votes for adoption,0 votes against,PASSED. Tydico Annexation: Proposed Annexation to the City of Renton-2 votes for annexation,0 votes against,PASSED;Assumption of Indebtedness-2 "yes" votes,0"no" votes,PASSED;Proposed Zoning Regulation-2 votes for i adoption,0 votes against,PASSED. Information. Budget:2004 Annual City of • Finance and Information Services Department recommended a public hearing Renton be set on November 17,2003,to consider the 2004 City of Renton Preliminary Budget. Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY PERSSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. • CARRIED. Annexation: Bales, SE 128th MOVED BY KEOLKER-WHEELER,SECONDED BY PARKER, COUNCIL St REFER THE SUBJECT OF THE PROPOSED ZONING REGULATION FOR THE BALES ANNEXATION TO THE COMMITTEE OF THE WHOLE. CARRIED. OLD BUSINESS Council President Keolker-Wheeler presented a report recommending that a Committee of the Whole public hearing be set for November 17,2003,to consider the Fry's Electronics Comprehensive Plan:2003 Comprehensive Plan amendment and The Boeing Company Comprehensive Amendments(Boeing&Frys) Plan amendments and development agreement. MOVED BY KEOLKER- WHEELER,SECONDED BY CLAWSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW PUBLIC NOTICE COMMITTEE RENTON,WASHINGTON Allison Prohn,being first duly sworn on oath that she is a Legal Advertising The Environmental Review Representative of the Committee has issued a Determination of Non-Significance for the following project under the King County Journal authority of the Renton Municipal de. TYDICO SITE,CPA#2003-M-14 ,CPA,R,ECF a dailynewspaper, which newspaper is a le al newspaper ofgeneral LU Proposed non-project gProposed non-project action Comp circulation and is now and has been for more than six months prior to the date Plan Amendment/Rezone to change of publication hereinafter referred to, published in the English language the land use designations shown on the Land Use Map for this 9.5-acre continuously as a daily newspaper in King County, Washington. The King site from Residential Single Family County Journal has been approved as a Legal Newspaper by order of the (RS) with R-8 zoning to Residential OpSuperior Court of the State of Washington for KingCounty. Theio sites issth locatedR-1 zoning. Location: p g The between NE 3rd The notice in the exact form annexed was published in regular issues of the Place and NE 2nd Place,if extended, King County Journal (and not in supplement form) which was regularly 134th Avenue SE,if extended on the west, and 136th Avenue SE distributed to its subscribers during the below stated period. The annexed (Bremerton)on the east. It abuts the notice,a: Center Suburban(CS)land use/.Q r/GC O`_ des- ignation to the north and a Y G/�/v/1c, O rV/Y7.wr/q[_ Residential Options(RO)designation n� to the west.FrF,e/`O I N/1 T/o 1 / A Public Hearing will be held by p p the Renton Planning Commission in was published on: �/-� //j 7 �3 the Council Chambers,City Hall,on October 15,2003 at 6:00 PM to con- sider the Comprehensive Plan Amendment&Rezone. Environmental Determination The full amountof the fee charged for said foregoing publication is the sum Appeal Process: Appeals of the envi- of $ / 9. 75" at the rate of /S. CO per inch for the first ronmental determination must be filed in writing on or before 5:00 PM publication and /Viq per inch for each subsequent insertion. on October 3,2003. Appeals must be filed in writing together with the /c/97 -j required$75.00 application fee with: Allison Prohn Hearing Examiner, City of Renton, DEVELOP T 1055 South Grady Way,Renton,WA CI --ha PLA Legal Advertising Representative,King County Journal 98055. Appeals to the Examiner are Y OF RENTONI NG Subscribed and sworn to me this /971) day of S.E/C? ,20 03 . \���o' i M EA f 1/0//1���ii governed dl by CSection of R4-enton r - ,� tS ..,G./y �� Additional information regarding the OCT 0 621i�3 ,`O::os`ssion F+., F appeal process may be obtained from o� °.�'•9 the Renton City Clerk's Office,(425) RECEIVED Tom A.Meagher E.-7 u N O T A R y 0 =;430-6510. ���+G J�ED NotaryPublic for the Stat of Washington,Residingin Redmond,Washin_ — — -published in the King County n g �� �, � ,Journal September 19,2003.#844164 Ad Number: 11 yy i b Y P.O.Number_ j y ' U B L\� :'O Cost of publishing this notice includes an affidavit surcharge. /,c� q r 2, Zoe; c. ����////OF' As1�\�\\\\ City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: W COMMENTS DUE: AU 2, 2003 APPLICATION NO: LUA-02-144,CPA,EC ,R DATE CIRCULAT : AUGUST 8, 2003 / APPLICANT: Liberty Ridge, LLC PROJECT MA AGER: Don Erickson J PROJECT TITLE: Tydico Site Comp. Plan Amendment WORK ORDEFc'`(iO: 77073 F)i `'1 LOCATION: The 9.46-acre site is bounded on the east by Bremerton Avenue NE (136th Ave SE), and is located between NE 3rd Street (if extended) and NE 2nd Street (if extended), and the city limits on the west. SITE AREA: 9.46 acres 1 BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The proposal is to change the Comprehensive Plan land use designation of a 9.46-acre site from RS (Residential Single Family)to RO (Residential Options)and concurrently rezone it from R-8 to R-10 with a Development Agreement limiting the number of units, among other things. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants • Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet n \ a.,, B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where addi.onal information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date routing.doc Rev.10/93 , „_ , ..., . . . NouncE , , . . ENVIRONMENTAL DETERMINATION &PUBLIC HEARING POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION ' PROJECT NAME: TYDICO SITE,CPA#2003-M-14 PROJECT NUMBER: LUA-02.144,CPA,R,ECF DESCRIPTION AND LOCATION: Proposed non-project action Comp Plan Amendment/Rezone to change the land use designations shown on the Land Use Map for this 9.5-acre site from Residential Single Family(RS)with R-8 zoning to Residential Options with R-10 zoning. The site is currently under consideration for annexation into I the City. A special annexation election is scheduled for September 16, 2003. A development agreement limiting future development on the site to single-family - detached housing and limiting the maximum number of units to no more than 10 units per net acre and requiring lots abutting the site's southern property line to have minimum lot widths of 50 feet would be adopted prior to the new zoning going Into effect. Location: The site is located between NE 3rd Place and NE 2" Place, if extendec-717157wenue SE,if extended on the west,and 136"'Avenue SE(Bremerton) on the east. It abuts the Center Suburban(CS)land use designation to the north and a Residential Options(RO)designation to the west. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND HAS ISSUED A DETERMINATION OF NON-SIGNIFICANCE(DNS). APPEALS OF THE ENVIRONMENTAL DETERMINATION MUST BE FILED IN WRITING ON OR BEFORE 5:00 PM ON OCTOBER 3,2003. APPEALS MUST BE FILED IN WRITING TOGETHER WITH THE REQUIRED $75.00 APPLICATION FEE WITH: HEARING EXAMINER, CITY OF RENTON,1055 SOUTH GRADY WAY,RENTON,WA 98055. APPEALS TO THE EXAMINER ARE GOVERNED BY CITY OF RENTON MUNICIPAL CODE SECTION 4-8-110. ADDITIONAL INFORMATION REGARDING THE APPEAL PROCESS MAY BE OBTAINED FROM THE RENTON _ CITY CLERK'S OFFICE,(425)430-6510. . A PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION IN THE i COUNCIL CHAMBERS,CITY HALL,ON OCTOBER 15,2003 AT 6:00 PM TO CONSIDER THE COMPREHENSIVE PLAN AMENDMENT&REZONE. • n n `...t ..,_ �' ,�Arali8(TM �y 1;41- . 23 ! r;; ' PLAT , ..rR!�. ,.• O' •�. Vi ii S'4 ,,4®1 -c:e --Tr C' .- ��il MARTIR•$ ACRE TRAC ', Mom'( _ _O R old ,, Irma' _ .°' j --nay IIME T 0 it r s :a IF i .—.v:,:cr.r,�}'S7' .,,,,..Ua ,MIN: bra + Mb.* it'll? ' ' FOR FURTHER INFORMATION,PLEASE CONTACT THE CITY OF RENTON,DEVELOPMENT SERVICES DIVISION AT(425)430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION '��.�%%%%�w`41%1��,, Please Include the project NUMBER when calling for proper file identification. MVA,1 ' Fe' .• IL io 2:1'S„.4 CERTIFICATION s fi "• —•— `� • $ N'. PUBL%G i �► yrf, r)a. �.?29.01, :e��t. I, G _ ,hereby certify that 3 copies of.th`s��;P�WASN,. above document were posted by me in L3 conspicuous places on or nearby the described property on ,Sp f. /9, Zo3 • Signed: : r% ATTEST:Subscribe man or before me,a Nota Public,in and for th State of Washington residin i -w ,on the �Ll it day of -- d . MARILYN KAMCHEFF MY APPOINTMENT EXPIRES 6-29-07 ,41 ytW CITY RENTON ••LL Planning/Building/PublicWorks Department Jesse Tanner;Mayor Gregg Zimmerman P.E.,Administrator • September 19, 2003 Halinen Law Offices, P.S. Attn: David Halinen 10500 NE 8th, Suite 1900 Bellevue,'WA 98004 SUBJECT: Tydico Site, CPA#2003-M-14 L UA-02-144,C PA,R,EC F Dear Mr. Halinen: This letter is written on behalf of the Environmental Review Committee (ERC) and is to inform you that they h ave completed t heir review oft he environmental impacts oft he a bove-referenced p roject. T he Committee, on S eptember 16, 2003, decided that your project w ill be issued a Determination o f Non- Significance. The City of Renton ERC has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made by the ERC under the authority of Section 4-6-6, Renton Municipal Code, after review of a completed environmental checklist and other information, on file with the lead agency. This information is available to the public on request. Appeals oft he e nvironmental d etermination m ust b e f iled i n writing o n o r b efore 5:00 PM on October 3, 2003. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. If the Environmental Determination is appealed, a public hearing date will be set and all parties notified. A Public Hearing will be held by the Renton Planning Commission in the Council Chambers, City Hall, on October 15,2003 at 6:00 PM to consider the Comprehensive Plan Amendment& Rezone. If you have any questions or desire clarification of the above, please call me at(425)430-6581. For the Environmental Review Committee, LIr1I6;�SW Don Erickson,AICP Senior Planner cc: Parties of Record 5050 First Avenue., LLC; Liberty Ridge, LLC/Owners ^�� �\\�\03 • dnsletter.doc 1055 South Grady Way-Renton,.Washington 98055 RENTON 45i)This paper contains 50%recycled material.30%post consumer AHEAD OF THE CURVE } •• - CITY 4 F RENTON ..LL Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator September 19, 2003 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia,WA 98504-7703 Subject: Environmental•Determinations Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC)on September 16, 2003: DETERMINATION OF NON-SIGNIFICANCE TYDICO SITE, CPA#2003-M-14 LUA-02-144,CPA,R,ECF Proposed non-project action Comp Plan Amendment/Rezone to change the land use designations shown on the Land Use Map for this 9.5-acre site from Residential Single Family (RS)with R-8 zoning to Residential Options with R-10 zoning. The site is currently under consideration for annexation into the City. A development agreement limiting future development on the site to single-family detached housing and limiting the maximum number of units to no more than 10 units per net acre and requiring lots abutting the site's southern property line to have minimum lot widths of 50 feet would be adopted prior to the new zoning going into effect. Location: The site is located"between NE 3rd Place and NE 2nd Place, if extended, 134th Avenue SE, if extended on the west, and 136th Avenue SE (Bremerton) on the east. It abuts the Center Suburban (CS) land use designation to the north and a Residential Options (RO)designation to the west. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on October 3, 2003. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. If you have questions, please call me at(425)430-6581. For the Environmental Review Committee, (1112%,"--- Don Erickson, AICP Senior Planner cc: King County Wastewater Treatment Division WDFW, Stewart Reinbold David F. Dietzman, Department of Natural Resources WSDOT, Northwest Region Duwamish Tribal Office Rod Malcom, Fisheries, Muckleshoot Indian Tribe (Ordinance) �. \6 Melissa Calvert, Muckleshoot Cultural Resources Program C.,a` Q\ US Army Corp. of Engineers Stephanie Kramer, Office of Archaeology& Historic Preservation agency letter.doc� RENTON 1055 South Grady Way-Renton,Washington 98055 AHEAD O F THE CURVE `'' This paper contains 50%recycled material,30%post consumer CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE APPLICATION NUMBER: LUA-02-144,CPA,R,ECF APPLICANT: City of Renton PROJECT NAME: Tydico Site, CPA#2003-M-14 DESCRIPTION OF PROPOSAL: Proposed non-project action Comp Plan Amendment/Rezone to change the land use designations shown on the Land Use Map for this 9.5-acre site from Residential Single Family(RS)with R-8 zoning to Residential Options with R-10 zoning. The site is currently under consideration for annexation into the City. A special annexation election is scheduled for September 16, 2003. A development agreement limiting future development on the site to single-family detached housing and limiting the maximum number of units to no more than 10 units per net acre and requiring lots abutting the site's southern property line to have minimum lot widths of 50 feet would be adopted prior to the new zoning going into effect. LOCATION OF PROPOSAL: The site is located�ietween NE 3`d Place and NE 2nd Place, if extended, 134"Avenue SE, if extended on the west, and 136t Avenue SE (Bremerton)on the east. it abuts the Center Suburban(CS)land use designation to the north and a Residential Options (RO)designation to the west. LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14)days. Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM on October 3,2003. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton,WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4- 8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's . Office, (425)430-6510. PUBLICATION DATE: September 19, 2003 DATE OF DECISION: September 16, 2003 SIGNATURES: /A/03 Gregg i an,Ad 1 t a or DATE Depart nt of PI nnin wilding/Pu 'c Works 1 ) 110 Dennis Culp, Administrator DATE Community Services Dep ment 7: ..4i . /‘ - 0, . . / e:-/`�t/. eeler, ire Chief DATE Renton Fire Department dnssignature.doc I I NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non-Significance for the following project under the authority of the Renton Municipal Code. TYDICO SITE, CPA#2003-M-14 LUA-02-144,CPA,R,ECF Proposed non-project action Comp Plan Amendment/Rezone to change the land use designations shown on the Land Use Map for this 9.5-acre site from Residential Single Family (RS) with R-8 zoning to Residential Options with R-10 zoning. Location: The site is located between NE 3rd Place and NE 2nd Place, if extended, 134th Avenue SE, if extended on the west, and 136th Avenue SE (Bremerton) on the east. It abuts the Center Suburban (CS) land use designation to the north and a Residential Options (RO) designation to the west. A Public Hearing will be held by the Renton Planning Commission in the Council Chambers, City Hall, on October 15, 2003 at 6:00 PM to consider the Comprehensive Plan Amendment& Rezone. Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM on October 3, 2003. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, ' WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. Publication Date: September 19, 2003 Account No. 51067 dnspub i 1\irtirloE ENVIRONMENTAL DETERMINATION & PUBLIC HEARING POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: TYDICO SITE, CPA#2003-M-14 • PROJECT NUMBER: LUA-02-144, CPA, R, ECF DESCRIPTION AND LOCATION: Proposed non-project action Comp Plan Amendment/Rezone to change the land use designations shown on the Land Use Map for this 9.5-acre site from Residential Single Family (RS)with R-8 zoning to Residential Options with R-10 zoning. The site is currently under consideration for annexation into the City. A special annexation election is scheduled for September 16, 2003. A _ development agreement limiting future development on the site to single-family detached housing and limiting the maximum number of units to no more than 10 units per net acre and requiring lots abutting the site's southern property line to have minimum lot widths of 50 feet would be adopted prior to the new zoning going into effect. Location: The site is located between NE 3fd Place and NE 2nd Place, if extended, 134th Avenue SE, if extended on the west, and 136th Avenue SE (Bremerton) on the east. It abuts the Center Suburban (CS) land use designation to the north and a Residential Options (RO)designation to the west. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND HAS ISSUED A DETERMINATION OF NON-SIGNIFICANCE (DNS). APPEALS OF THE ENVIRONMENTAL DETERMINATION MUST BE FILED IN WRITING ON OR • • BEFORE 5:00 PM ON OCTOBER 3, 2003. APPEALS MUST BE FILED IN WRITING TOGETHER WITH THE REQUIRED $75.00 APPLICATION FEE WITH: HEARING EXAMINER, CITY OF RENTON, 1055 SOUTH GRADY WAY, RENTON, WA 98055. APPEALS TO THE EXAMINER ARE GOVERNED BY CITY OF RENTON MUNICIPAL CODE SECTION 4-8-110. ADDITIONAL • INFORMATION REGARDING THE APPEAL PROCESS MAY BE OBTAINED FROM THE RENTON CITY CLERK'S OFFICE, (425)430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION IN THE COUNCIL CHAMBERS, CITY HALL, ON OCTOBER 15, 2003 AT 6:00 PM TO CONSIDER THE COMPREHENSIVE PLAN AMENDMENT&REZONE. y y t .aiti p 1 dl 1 I ' 9 i —76 i PLAT .. r�f► p� p +tZ�Q 1 115�a of c .fur d" ���' C l�q -- w�..+l.narw.=.K.. '3 'O MARTIN'S ACRE' TRAC• $ •5 ' -( . 9 O* © © O P. of4.nfon'-','" i ti 4Mfr -� G./.1.0 reN, '-- ..(- r �. ,';i '. King Co ng; . 1i 6,Ar Hoatkor Oo.no e e ' Park a F � r- O ((o -, s ' loeN� 411i_E---_miller ieo © isl: lit - A i j ,„ ,z„., ,- Et:�.,,�.:�.y�.on—1— _E442. .,„2 a a 'V, m N `wtr, wir . stwIlAilik, I*: P N _ fi 1 mo lig .m 1. r4. tt II _ .. - FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT(425)430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when'calling for proper file identification. CITY OF RENTON - DETERMINATION OF NON-SIGNIFICANCE APPLICATION NUMBER: LUA-02-144,CPA,R,ECF APPLICANT: City of Renton PROJECT NAME: Tydico Site, CPA#2003-M-14 DESCRIPTION OF PROPOSAL: Proposed non-project action Comp Plan Amendment/Rezone to change the land use designations shown on the Land Use Map for this 9.5-acre site from Residential Single Family(RS)with R-8 zoning to Residential Options with R-10 zoning. The site is currently under consideration for annexation into the City. A special annexation election is scheduled for September 16, 2003.A development agreement limiting future development on the site to single-family detached housing and limiting the maximum number of units to no more than 10 units per net acre and requiring lots abutting the site's southern property line to have minimum lot widths of 50 feet would be adopted prior to the new zoning going into effect. LOCATION OF PROPOSAL: The site is located between NE 3rd Place and NE 2nd Place, if extended, 134th Avenue SE, if extended on the west, and 136th Avenue SE (Bremerton)on the east. It abuts the Center Suburban (CS) land use designation to the north and a Residential Options (RO)designation to the west. LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14)days. Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM on October 3,2003. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton,WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4- 8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. PUBLICATION DATE: September 19, 2003 DATE OF DECISION: September 16, 2003 SIGNATURES: .04 I////93 Gregrf er an,Ad i t a or DATDe ant of PI nnin uilding/Pu 'c Works p 9 . 1 ) 1 i Dennis Culp,Administrator DATE 1P101 Community Services Dep ment ' // .:e6 ,2 P /' . `°3 '/ Le eeler, Fire Chief DATE I Renton Fire Department dnssignature.doc ENVIRONMENTAL;,REVIEW:.COMMITTEE: MEETING'NOTICE ; • 'SEPTEMBER:1.6; 2003 ;; ;' ' To: Gregg Zimmerman, Planning/Building/Public Works Administrator Dennis Culp, Community Services Administrator Lee Wheeler, Fire Chief From: Jennifer Henning, Development Planning !Meetin 'Date::, September.1:6; 2003. `Time: • 9 00;AM; Sixth::Floor Conference`:Room:#620 Agenda listed below. West Shops Demolition-Boeinq(Consent) (Fiala) LUA-03-076,ECF The applicant is requesting Environmental (SEPA) Review for the demolition of two aircraft assembly and support buildings.The 4-63 complex of 483,000 sq. ft.and the 4-73 complex of 138,000 sq. ft. are located within the Renton Boeing Plant on the west side of Logan Avenue North and north of North 6th Street. Utilities would be rerouted to support remaining buildings.The proposal is to redevelop these areas in the near future with a parking lot and a dolly storage lot. Location: 800 Park Ave. N. Tvdico Site, CPA #2003-M-14 (Erickson) LUA.02-144,CPA,ECF,R Proposed non-project action Comp Plan Amendment/Rezone to change the land use designations shown on the Land Use Map for this 9.5-acre site from Residential Single Family(RS)with R-8 zoning to Residential Options (RO)with R-10 zoning. The site is currently under consideration for annexation into the City. A special annexation election is scheduled for September 16,2003. Location:The site is located between NE 3rd Place and NE 2"d Place, if extended, 134th Avenue SE, if extended on the west, and 136th Avenue SE(Bremerton)on the east. It abuts the Center Suburban (CS) land use designation to the north and a Residential Options (RO)designation to the west. Merlino SR-900 Site, CPA #2003-M-8 (Erickson) LUA-01-164,CPA,ECF,R Proposed non-project action Comp Plan Amendment/Rezone to change the land use designation shown on the Land Use Map for this±26-acre site from the Residential Multi-family Infill with RM-I zoning and a development agreement limiting density to a maximum of 10 units per acre to Residential Options (RO)with R-10 zoning with a development agreement limiting the maximum number of units to 69 single-family detached units (2.65 units per net acre). In addition to the these density, provisions the development agreement would limit the siting of residential and recreational uses within 100 feet of the site's southern boundary and require a six-foot high barrier fence to be constructed the full length of the site separating the residential portions from the BNSF rail lines and conservancy properties to the south. Location:The site is located immediately south of SR-900 Sunset Blvd. SW and north of the BNSF railroad right-of-way east of the Sunset View Terrace apartments on SR-900. It abuts Residential Multi-family Infill (RM-I)to its west and east. The sloped site is heavily treed and currently vacant. ip WSDOT Carr Road, CPA #2003-M-1 (Erickson) LUA-01-165,CPA,ECF,R Proposed non-project action Comp Plan Amendment/Rezone to change the land use designations shown on the Land Use Map for this 55-acre site from Residential Rural (RR)with R-1 zoning to a combination of RR, Residential Options (RO), and Residential Single Family(RS),with concurrent zoning to R-5, R-8 and R-10. Location:The site is located south of Carr Road/S 179th Street and east of Talbot Road South. It abuts S.47th Street on the south and unincorporated King County on the south and east. I I li cc: J.Tanner,Mayor J.Covington,Chief Administrative Officer A Pietsch,EDNSP Director O J.Gray,Fire Prevention N.Watts,P/B/PW Development Services Director ® F.Kaufman,Hearing'Examiner L.Rude.Fire Prevention ® J.Medzegian,Council S.Meyer,P/B/PW Transportation Systems Director R.Lind,Economic Development L.Warren,City Attorney ® I I. 1 STAFF City of Renton Department of Economic Development, Neighborhoods and Strategic Planning REPORT ENVIRONMENTAL REVIEW COMMITTEE A. BACKGROUND ERC MEETING DATE September 16,2003 Project Name Tydico Site, CPA#2003-M-14 Applicant City of Renton File Number LUA-02-144 ,CPA,R,ECF Project Manager Don Erickson Project Description Proposed non-project action Comp Plan Amendment/Rezone to change the land use designations shown on the Land Use Map for this 9.5-acre site from Residential Single Family (RS) with R-8 zoning to Residential Options with R-10 zoning. The site is currently under consideration for annexation into the City. A special annexation election is scheduled for September 16, 2003. A development a greement 1 imiting future development o n the site t o s ingle-family detached housing and limiting the maximum number of units to no more than 10 units per net acre and requiring lots abutting the site's southern property line to have minimum lot widths of 50 feet would be adopted prior to the new zoning going into effect. Staff notes that the proposal is supported by a number of land use policies, and that a potential 75 new residential units would generate approximately 740 new average weekday trip ends (370 round trips). Project Location The site is located between NE 3rd Place and NE 2nd Place, if extended, 134th Avenue SE, if extended on the west, and 136th Avenue SE (Bremerton) on the east. It abuts the Center Suburban (CS) land use designation to the north and a Residential Options (RO) designation to the west. Exist. Bldg. Area gsf N/A Proposed New Bldg. Area gsf N/A Site Area 9.5-acres Total Building Area gsf N/A B. RECOMMENDATION Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON-SIGNIFICANCE NON-SIGNIFICANCE-MITIGATED. X Issue DNS with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period with Concurrent 14 day Appeal Period. Issue DNS with 15 day Comment Period with Issue DNS-M with 15 day Comment Period followed Concurrent 14 day Appeal Period. by a 14 day Appeal Period. Project Location Map ERC STAFF REP ORT.doc ' t City of Renton EDNSP Department Envirc tal Review Committee Staff Report Tydico Site Comprehensive Plan Amendment u,« ..oncurrent Rezone LUA-02-144, CPA,R,ECF REPORT AND DECISION OF SEPTEMBER 16,2003 Page2 of 3 C. MITIGATION MEASURES Not applicable for this non-project action. As a non-project action no new physical development is anticipated because of this change in land use designation. Subsequent development allowed as a result of this change would be required to go through environmental review at the project level. D. ENVIRONMENTAL IMPACTS In compliance with RCW 43.21 C.240, the following project environmental review addresses only those impacts that are not adequately addressed under existing development standards and environmental regulations. Whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development? 1. Earth Impacts: No specific environmental impacts were identified at this time for this non-project action. Mitigation Measures: No mitigation measures are recommended for this non-project action. Nexus: N/A 2. Water Impacts: No wetlands have been delineated on the site at this time. A seasonal stream abuts the site on the south and the west. Future_development will likely have to comply with the King County Surface Water Design Manual Level II flow control requirements. Mitigation Measures: No mitigation measures are recommended for this non-project action. Nexus: N/A 3. Housing Impacts: Under the current Comprehensive Plan Land Use Map designation of Residential Single Family (RS) the minimum number of units that would be allowed is 40 units whereas under the Residential Options (RO) designation the minimum number would be 56 units. The anticipated increase, by 16 units, in the minimum number of units that Would have to be provided is not considered to be a significant impact. Even a comparison between the maximum number of units under R-8 zoning (64 units) and what the applicant has indicated they would provide in a development agreement under R-10 zoning(81 units)the difference is only 17 units. Mitigation Measures: No mitigation is recommended for this non-project action. Nexus: N/A 4. Transportation Impacts: The potential difference in units under RO with R-10 zoning and the existing RS with R-8 zoning is less than 163 AWDTEs or 81 round trips per day. This difference is not considered a significant impact. At the project level,the exact number of units and vehicle trip ends should be provided. Mitigation Measures: No mitigation recommended for this non-project action. Nexus: N/A ERC STAFF REPORT.doc • City of Renton EDNSP Department Envirn tal Review Committee Staff Report Tydico Site Comprehensive Plan Amendment ana concurrent Rezone LUA-02-144,CPA,R,ECF REPORT AND DECISION OF SEPTEMBER 16,2003 Page3 of 3 5. Animals Impacts: No wildlife have been identified on the subject site. Prior to project level development the applicant will be required to provide additional information in this regard. Mitigation Measures: No mitigation required. Nexus: N/A 6. Public Services Impacts: An estimated increase of 17 units with the RO land use designation is not considered to have major impacts on public services such as police, fire and parks and recreation. In addition, it should be noted that the City collects environmental mitigation impact fees for transportation,fire, and parks and recreation. Mitigation Measures: No mitigation proposed for this non-project action. Nexus: N/A E COMMENTS OF REVIEWING DEPARTMENTS TI a proposal has been circulated to City Departmental/Divisional Reviewers for their review. Where applicable,these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. X Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report.. Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only,they are not subject to the appeal process for environmental determinations. 1j A stream and wetland delineation report must be provided with any development application. The report must either show where the all streams and wetlands are located on the subject 9.5-acre site. Environmental Determination.Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM on October 3,2003 Appeals must be filed in writing together with the required$75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way,Renton,WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. ERC STAFF REPORT.doc ..IX%Sv- 1 ELI kV 7 Grimm'—Noniruli - .1.7 NE 6HIK.tilial .3.3 ft: Iv "IN .. ' I= Qin N Q kh inn lliMill mom iis= impos =Do ommumum �i,111►�� - II 11lICi9 Nom w� ■ //IIi1��1J E 6th St� �e� �11111111 ��121 z EN O ®j1■11■■I !!IF1 L!IIW .. !III co LáUuii_ memi � � �1� �I -7.. 0 111111E ' `��� -, MIMI _• Ulil! E 4th St. 'I 4th -�� IL !J1iiII1IhijJ':ii El It au !•:aiin� o I 11111111M co ( M I o AIM L 1 Enid ram WI ■_ :fil Q Kiln NF0II SIM 1 ■- 11111 MIL111111111 ��NE 2nd St ■ 111111■ ��II � 'i 11E' osaitt. Agikl Erg =me'Ll113�uf1a��11 p)_a DimQMEM mom min W1111211111!ila 1 sm� 11gg■ :.gym on Main SE 136th St NM ..2 geP KO 0 .00* fa fa ' "M iIIIII�������t ���w�3 ♦iiik PI �� INN t Ia a ccropAlo repreaent� ❑❑❑��, ra - y rntmd d(or It .ram 't. ,111111►, ,,� vV�, ', di E. IM Aaet Information awl E fa, M� ___ _—.At iket --,`,� —�111111-I + for dlaptay purpoaaa anI I. ____ Proposed Tydico Annexation 0 goo 1600 Figure 1: Vicinity Mapiiiii: :-.... - - ck O,f, Economic Development,Neighborhoods&Strategic Planning ♦ r$ ♦ Sue Carlson,Adminisuutor 1 9600 p ,� G.Del Rosario UNTO 15 October 2002 ,m. .,, f 'I 7� I *' 7 .�K r J w ., F " _ 'ti - .,,:r.l.' y `"'iz yp i. fv _ •) 7 • IF11 tpp''�� an +� �., Lur=�- _� "^, C C ,''�' �' • `j; � �k r._ ��li • - I- ! .�-� ���- tp 4. ry i�,,t.. 0 �� -kk• K iv:, ^ j4-- �1.�C7. �� ut, p a �{' J K v — ZA '"!y h 'ri a0 it = '#^ _ ►- r.. „Jr-- . , + �, r •->� . 1t. >x t y _7 ; ;,��. iJ '� x,. r��a- :� ,.r-'sk f"� .rF .;�a, .' s ,,fi -•ice r�I-T .j1, 1.. l •,i+�'r „'^r, i9• .`�+ "i,,,... _ ;s t � „,,- - • - a_,.. � - r _3� r �t.. ..�p,, s ;},... E , at_... , :, I :.. ^�lr F' t "1:' ?,rj, _ 'a.. ._ y'a�° �X' yF; Yk r J•R a'4 - ,_' i- e7 t` .r•- .t 4 "7�. 'T,�•• • ' ,r. 111 Via,, •y <- ° lip ' � a r,4`y a , • I a n yesSr,.: "�i.... �°i � 7' ?.>M.''� .i �{ • �xaES�_.. v. rk,' •i"'$.' 'p• pp,,, y +,:n,L -• b+ •�'ii ytt ' I�yt' • y M * �� !: .t .« •.., • . .,� �� .•« „-a Y /' 1 •.,�L .• qr •,ma y: iqrF4� t+ S: ,sr.*.,* ii Y 3 r ,_ 't• „ay, '•6:'` >. r. v. � �y S nn. tp'� x r----' • ;"d: ,.r�' .Jyw.. 'f ' • 'i'.. ''.:k -,t` ' im-'' '*' ' 4 .,•2" ii I, `. Ri . .. SF' Mc iq 7 ‘:-..".:kid. ' !1', • - .?-"or II;• • �CiiL 11.- .o'{. '0 �t`�5 v, , `}r r.b• d ,„... rs .. Fi 1- a ' R:3Y Eimammi.'.., - ' :� Nig �q ",^ '- -�,� wa•, �,•, i X �` '".fit `#� y.. ,., • y i t t�' �3r 7 3 "F•�, �45.. , .,.r e .. �..` yr; !NY '„ , . '°n.. i ra _ 40' ^� •p.-+.A �j} Y""11 MI 4 2t'7� `"` - A•p:, $r.33 • /�` r1 •• ; `6 . -'0741_0 a ti, r.' e'''P.' a r ^'. `� ' .Z� ? • � ul ® u. �• . �,' I 4 �r } -f-., :N r^..a1 L yn, 'q.�`r' �' ,7 _ ����a i •key yyyy�� �r >.' v� .�;.W° v,. r"L� 'R ., hKiN y>� .:� _. Z � k.� .11s y_.�'. 'k' �I{ , ��a � '�..'Y -L'}K i��' "F: ,:" ` _ j ' .; ,...t<" 1 -.d-y �„1 ,'" 'y;, f't 7fi,, .,y. ,►. -"5 c- •+n^.--''7A Pk "7",^ �.d L - ';r�it� .�, t "+'. 4`+i t i ,' � • � MP: �.� f a?... 9 , 51L T` • 'c �^• ,4 F`' �,"4,• " r` `,[•'j`'.: 't'' r ,,k, `y,4 t 'Y.,, 41 :, 4.. t 1'`- ' . 'Y :•.1., 1, vtP4`4.,' %;" "j.1,,. 4 j.. 1i _..l a ?an.t' ow, ,. ' �r,Rt, r - r + , r,-:: w '.'yt. - 9.mot` !' �T'r,:�;yq r°-$?f'.,,: z.. t t> tf i-, t ^'ti y, $ [ •.., ... ,. .,..„.„ ,.r. ,,: sE>'i, -... ,,.., --, ,,,- .f I «�,'•`.,;,1ia. 1y•; ,, .,.. -, ,, . .,,,„4„: , . . ,..„ -. ,,, i :.,,... , _ , ,... • ? , A t 'J� "T '(4�. '•9 '� ti:_r: .tea, �� { -ir , i ;��. rl+.- r,, , 1. 1 1 ,.}t_,f 47�".+� \ .� ^nf �� y�i� '' '�4t,.:•, ! .t a• • •• 'YpJ.Y ---,''4", 'S� Il S ! '4 %•�F''i•'.� 1 i � j� '4 .. t n t.- ,,• •�� -i �•..t r ] 4""ti!,', `�v v.' 44 . 1 1 .. ` ,, te'K p ' '^'` 4: Pt e? : r;d. :-it '". ' � ,-r -: � • i ��'^J R �(, ,_TeC g,n �u. f ; �+ t � `.',j ✓s' ' V r •T. , 7�1 .r- .,r. �K Wr M 1 ,� .�-- _ --,S'• 3.". ,1 r -. -.. at ,,. '"'i` :{, lik..v+u`. .I.+SP. ice t.ne� .,FI�n rnari.ony•• . : ��~'!• a4�. r_. ; ,. 1 3 ,,; 1' _K'�I � k r d a -,, a�iF (9�4omiett iaua6Pi o.ofln.;klate 41164 • `•�: ,� ^ - - - - ._ -a�6i. {L i 'F ,� �rt .. +, ...lay'pury 'onir.•v Proposed Tydico Annexation 0 300 600 Figure 2: Aerial Map :<•::::::::::::......:: ::: ...... ::;::_ ............. O~vY 0,,, Economic Development,Neighborhoods&Strategic Planning 1 : 3 600 + ♦ Sue Carlson,Administrator !■- G.Del Rosario TO$ 15 October 2002 LJ I St ❑ 0 - ----o a _ oQ o 0 0 —1, P . EQc' t . --1 _ [ Di _11 � _ Sr o d � o� 1 I Li 11 r, a,[-F-el 4: (r--, u--) a °0 CB > % °` Cn ,\4. Q p-, . . NJ., .....1 . � J C �7 d��p� �o ] T +J ❑ ,EEJEzziCjic:=1)4,;. ir--) C . hr--) PI ri. IQ Elr� � o � Q� Spa o 0p ❑ CL ris eettp la 0 a Q . e 0 G� 1 Q � fl f Conh ),..0 �.f ._____Ao, 5 'c a '� ❑ Q a o 0 6LZEI C21 it Ilip'(:), P aCe CI> - CD - ,z7)60.,e, "5,2,6 a o Ao c .f': Q, _ 0 0 o onia p r ❑ 1Ne Jv�..,�.o�,l 1,�-. 1��'' Ilan_nal auoranteed JI n ,,,,, L 1 ❑G G F 1 ! r o�folrE T tendea eicy �ae of—rr��— I I 7 Ie map to lwedlaploy pu poaea onlP as o/the dale shorn. r-� Proposed Tydico Annexation 0 300 600 Figure 3: Existing Structure Map c' O Economic Development,Neighborhoods&Strategic Planning 1 : 3 600 S5 _ • Sue Carlson,Administrator C•` G.Del Rosario �4'NTO� 15 October 2002 X ) j . X 12:. 116.36 ______ _____ ---__. _ __,I \_ X_ ____X 117.63____X_ I ._ _ X123.34 124.95 �_ _ I \ 117.54 I 1. _ _ _ j X I I I 116.47 J 122. X 125.24 125.91 X125.28 X 124.35 I X X \_ X 117.24X \ �! \ 124 6 X 123.F7 X 123.56 I\ X724.38 X X 12L `� " X \ \ 125.75 r 1 Up 123.3 �� 116.42 /�,v-.���_ \(/';'-- X X 123.27 12X64 122.26 1 X.35 n X , �,25.4009 \\\// \\ x 24.26 123.21 f 122.91 \\ X \ X X 1 1 ,24.t. / I 12 3 122.66 1 X124.14 ( I 1 124.76 _i�� X CD / X 125..28 , 4.74 124.96 X 121.36 l % / - II X120.27 p I 125.16 \/,,, 4.36 1 �24.09 X 121.73 X 124.89 , X 1:3.71.25 124.57 ` ���123.40 / 124131 118.52 al*UM x 125.'1 X 22.38 \v, X X 1 // 26.17 4.43 %121.02 � -- \Alir118.20 J ` .---\\ ,,,. 1 4.22 i 24.136.11"IIMILI X x118.78 78 ` A'%125 21 /- • X122.61' 1 119.80 ` I 125.63 X24.53 / X°6 %1 X118.48 1\ X x 125.53 121.71 121.65 \ X118.49 \ �� `� \ 124.70 X CN _ X I �� , , \ \ �� I �i X 121.73 _ ......CP *f$ %%l aiii 120.58 •-• Illp 123.81 WO. X ( �, 113.: 115.46 1Z.52 ) X X123.4• _� X117.84 4.28 �� Wir 115.77 ` I•document 1. graphic ropreeental,on, of 9uaralteed 1� I� � It` � � X 'Proposed Tydico Annexation0 200 400 Figure 4: Topography Map ___ GtiTY O� Economic Development,Neighborhoods&Strategic Planning 1 m Interval + � Sue Carlson,Adminisleator 1 2400 $ G.DelRosario Contours 4"NTO 15 October 2002 '-.- -.-'-.-..-.. ..... ..---... .. -\\\N„,...... ....... .. . ... ... . ..c..LIA11,11______________________:\ 000..... r St _. .___ t \ _ 3 rc D +J 00 I 41 41111111.10 t� , II 41 7 . _, L0_,„\, , c, > ,14 !o au onerneeni t eeyye r a:e`rr er nInFtInn.of a y ana as _1 ad on Ne alt o,,,Aon av%iit a oe or Na data shoes. TIIs map la for display puree..only. Proposed Tydico Annexation0 300 600 S' Figure 5: Sensitive Areas Map Stream :::. : :::: ~TY o„t, Economic Development,Neighborhoods&Strategic Planning > 40% Slope 1 : 3600 O ♦! ♦ Sue Carlson,Administrator Z , OctRosario20Wetland NTO 15 October I iUstIll" III I - I mill” 0 i— ._ __ . „ ., _ _ r:_ 1 al _ = . ,, C 1 1 - -, i, 1 I I lj I I I 1 ill p Ir. 11 ..,,,, s i lit;i LI i 0,.°14 IN 1 w , ,iIPai > ' , IIINIMMUMNPO i/ fp 1111111111111), --) a I I , rim itele.,, iiiiik. , Proposed Tydico Annexation TM ef92 ay"°:-. Exhibit H: Comp Plan Landuse Designations 0 300 600 olY Economic Development,Neighborhoods&Strategic Planning ♦ ♦ Sue Carlson,Administrator PG.Del Rosario 't'NTO$ 5 October 2002 1 : 3600 . _ • Renton _... _ ._ ...__. .._ __ ... _. .. . --- Renton City Limits1. Parcels w , _ �' -A `:, ;` "7 -1 - . CM Renton Aerial ." r 4' M 4kt --""q -Tk � �,w ',M - '14. i ,' 3;s t, �, '?`R.` P eel !, ,f ,� € �.- 3 } ` .,. i L lC �� i 'u5f Y �:' tik iur F y @' { T ilyt am4 "-4`, y Fb6tye*..✓"i+ .j'F I ..� z ...::5 ,-'''.. __�_.., _ kr. , "zt.. ` t c E 4 ��is ',¢ .' `a 4 act '" ° '+ ae�. ••r V '+t yy � - "lt ""9i. .-n v. •,p,r f y' ,� t fSffi[[.� t U" . , r•s,�i Fh"'S'+tF�� ,xt.G "1 4 FtF. ! k -, ., , la Yar Y r.r�' ,sue j�4 ''•"f A' ' - w ^in .4+..4. e'*''y, ,4 1 p \ 1I\IIT *iTL N SCALE 1 : 1,537 Imo+ Fool 1 I I I 100 0 100 200 300 FEET http://rentonnet/MapGuide/maps/Parcel.mwf Wednesday, June 11, 2003 5:27 PM APPLICATION 2003-M-14-TYDICO SITE LAND USE MAP AMENDMENT TO CHANGE DESIGNATION FROM RESIDENTIAL SINGLE FAMILY TO RESIDENTIAL OPTIONS OWNER: 5050 First Avenue,LLC APPLICANT: Liberty Ridge,LLC DESCRIPTION The proposal is to change the map designation for a 9.46-acre site from Residential Single Family (RS) to Residential Options (RO) with a concurrent rezone to R-10, 10 units per net acre. ISSUE SUMMARY • Whether a change in land use designation from RS (R-8 zoning) to RO (R-10 zoning) is appropriate for this site abutting the CS Zone? • Whether an increase in residential capacity for detached dwellings to the maximum 13 dwelling units per acre is desirable at this location? RECOMMENDATION SUMMARY • Approve this Land Use Map Amendment changing the designation on this 9.46- acre site from RS to RO with concurrent R-10 zoning, subject to a development agreement limiting the unit type to single family and the density to 10 dwelling units per net acre. BACKGROUND Land Use A portion of the site is presently used for heavy equipment storage, vehicle repair, etc. associated with the operations of a construction company. Over the last several years, residents of adjacent City neighborhood have complained both in the City and to King County about the operation of this equipment yard. As a result, King County has taken code compliance actions against the former owner and current business operator. The business is now in compliance with King County code, however, the Renton administration does not support granting it a legal non-conforming use status upon annexation. At the request of Administration, the new property owner and applicant for this proposed Comprehensive Plan Amendment submitted a draft development agreement addressing #2003-M-14 CPA .staff Recommendation Page 2 9/10/2003 the closure of the equipment yard upon annexation and several limitations on the eventual redevelopment of the site. The following limits are proposed: a. single-family detached housing only; b. lot widths of at least 50-feet in width along the southern property line; and, c. retention of existing mature landscaping along the southern and western boundaries to serve as a visual buffer. Environmental Conditions The subject property is relatively level sloping at a slight grade to the southwest. Fill has been placed on the site over the years creating a grade change that is most notable along the properties southern and western edges. An existing seasonal stream runs west along the properties southern border and the north along its western border. Dirt has also been stock piled in various locations about the site but is most pronounced in the northwest corner. ANALYSIS The two zoning options for this piece of property are as follows: 1. Retaining the existing RS Family designation with R-8, eight units per net acre, zoning; or, 2. Changing the existing RS Family designation to RO with R-10, ten units per net acre, zoning identical to the properties to the west. The RS Family designation provides for single-family detached housing at 8 dwelling units per net acre. The objective of this designation is to protect and enhance single family areas, encourage reinvestment in and rehabilitation of housing and provide the necessary density to support transit and make efficient use of urban services. Because the proponent is requesting a development agreement limiting the use type to single family detached, the difference between the two zoning options is the proposed density. The R-8 zoning will create single-family lots typically ranging in size from 4,500 to 7,000 square feet. Average lot size in a typical R-8 development is approximately 5,500 square feet. In the R-10 zone, minimum lot size can be as small as 3,000 square feet for single-family detached units. The RO land use designation is intended to provide a transition from the Center designations to single family neighborhoods. RO allows both single family and multi-family dwellings in a 50/50 mix,but allows all single family at a higher density (13 du/ac) then the R-8 zone. Small lot single-family unit types have shown strong market acceptance in the last several years as a result of higher land prices and changing life styles. At the time the existing single family residential land use was placed on this property (in 1995) the present form of small lot single family did not H:\EDNSP\Comp P1an\Amendments\2003\Tydico\APPLICATION 2003-M-14.doc #2003-M-14 CPA staff Recommendation Page 3 9/10/2003 exist within the RO with R-10 zoning. The bonus density of 13 du/net acre for single family makes the RO designation more flexible and more compatible with adjacent single family areas. For property to meet the mapping criteria for RO, a finding must be made that 3 of 5 mapping criteria area satisfied. Mapping Criteria for Residential Options—(LU-50): a. The area already has a mix of small-scale multi-family units or had long- standing duplex or low-density multi-family zoning. b. Development patterns are established. c. Vacant lots exist or parcels have redevelopment potential. d. Few new roads or major utility upgrades will be needed with future development. e. The site is located adjacent to a Center designation. The property meets criteria c, d and e. The property has significant redevelopment potential, infrastructure upgrades required are minimal and the site abuts the Suburban Center(SC) designation. In this case,redevelopment would further the City's goal by eliminating a non-conforming business in a growing residential area. CAPACITY ANALYSIS Theoretical capacity for the two options follows. The applicant has not supplied any potential development scenarios at this time and more detailed environmental information could further reduce these estimates of capacity. Under Option 1 approximately 98 new single-family detached dwellings could be developed on the 9.47-acre site at 13 du/acre. Under Option 2, the site could accommodate approximately 75 dwelling units in a combination of both single-family detached and attached dwellings including flats and townhouses that are compatible with a single-family character. If the proposed development agreement is approved for only detached units, a maximum of 10 units per net acre could be specified. The citywide average of all R-10 developments 9.53 du/acre. Modeled Theoretical Capacity Option 1` Option 2 ;Option 1 w/dev. agreement R-10 Zone R-10 Zone• R-10'Zone w/. w/ 100% w/detached and Development detached attached.units Agreement. limiting 100% detached to 10 du/net acre Estimated Residential Capacity based upon 98 units 75 units 75 units 7.57 acres net Citywide Average 90 units H:\EDNSP\Comp Plan\Amendments\2003\Tydico\APPLICATION 2003-M-14.doc #2003-M-14 CPA :staff Recommendation Page 4 9/10/2003 REVIEW CRITERIA FOR COMPREHENSIVE PLAN AMENDMENTS Comprehensive Plan amendments are required to comply with one of the following criteria(Section 4-0-020.G): • • The request supports the vision embodied in the Comprehensive Plan, or • The request supports the adopted Business Plan goals established by the City Council, or • The request eliminates conflicts with existing elements or policies, or • The request amends the Comprehensive Plan to accommodate new policy directive of the City Council. Staff believes the request supports the vision embodied in the Comprehensive Plan, as discussed below. COMPREHENSIVE PLAN COMPLIANCE Residential Options and Residential Planned Neighborhood General Policies Policy LU-41. Provisions of small-lot single-family detached unit types, townhouses and multi family structures compatible with a single-family character should be encouraged provided that density standards can be met. The applicants have agreed to enter into a development agreement that would restrict the site to development of only single-family detached dwellings, which will be compatible with the single-family character of the Fernwood North Subdivision to the south. Because the site would be developed only as detached dwellings, the allowable density in the R-10 zone increases to 13 units per net acre. Whether the applicant can achieve this or not is unclear. What is clear is that the development will exceed the minimum established density or seven units per net acre. Policy LU 44. The dwelling types, including detached and attached units, should be clustered and connected within the overall development through the organization of roads, blocks, yards, central places, and amenity features to create a neighborhood with diverse housing types. The applicant has indicated that single-family detached dwelling units would be connected by a street system within the over development and that amenity features of some kind would be provided. Residential Options Policies H:\EDNSP\Comp Plan\Amendments\2003\Tydico\APPLICATION 2003-M-14.doc #2003-M-14 CPA -- -..taff Recommendation Page 5 9/10/2003 Policy LU-50. Residential neighborhoods may be considered for the RO designation if they meet three of the following criteria: a. The area already has a mix of small scale multi family units or had long standing duplex or low density multi family zoning. b. Development patterns are established. c. Vacant lots exist or parcels have redevelopment potential. d. Few new roads or major utility upgrades will be needed with future development. e. The site is located adjacent to a Center designation. Development patterns are established to the south and west of the site and the 9.46 acre site has development on 15% of it. Because the City surrounds the subject site on three of its four sides, major new roads and/or utility upgrades are not anticipated. And, as noted above the site abuts the Center Suburban (CS)land use designation immediately to its north. Clearly the proposed amendment complies with the intent of this policy. Policy LU-51. The net development densities should be 10 dwelling units per acre. If 100% of the dwelling units are detached, a density bonus may be allowed to a maximum , of 13 dwelling units per acre. The proposed future development is expected to achieve densities between eight to ten units per net acre. Policy LU-51. Minimum net development densities should be 7 dwelling units per net acre. As noted above, proposed future development is expected to be in the range of 8 to 10 units per net acre. ZONING CONCURRENCY A concurrent change from the Residential 8 du/ac (R-8) to the Residential 10 du/ac (R- 10) zoning designation is proposed. DECISION CRITERIA FOR CHANGE OF ZONE CLASSIFICATION REQUIRING A COMPREHENSIVE PLAN AMENDMENT The proposed amendment meets at least one of the review criteria in Section 4-9-02G, below: • The request supports the vision embodied in the Comprehensive Plan, or • The request supports the adopted Business Plan goals established by the City Council, or H:\EDNSP\Comp Plan\Amendments\2003\Tydico\APPLICATION 2003-M-14.doc #2003-M-14 CPA -,Staff Recommendation Page 6 9/10/2003 • The request eliminates conflicts with existing elements or policies, or • The request amends the Comprehensive Plan to accommodate new policy directives of the City Council. As noted above, the proposed CPA supports the vision embodied in the Comprehensive Plan by expending and diversifying housing opportunities for the area adjacent to a Center. The housing unit range allowed in an RO area is more likely to fit into the context of the neighboring single-family neighborhood to the south as well as provide a transition between the CS designation to the north and the Fernwood North single-family subdivision to the south. The proposal also supports the goals of the City's Business Plan adopted for 2004-2009 by "providing a healthy environment in which to raise families" and by"encouraging responsible growth and promoting economic vitality." Title IV, Section 4-9-180F requires that the proposed amendment demonstrate that it meets the review criteria in RMC 4-9-020G for comprehensive plan amendments, is timely and meets at least one of the following two criteria: 1) that the property is potentially classified for the proposed zone being requested pursuant to the policies set forth in the Comprehensive Plan; or, 2) it was not specifically considered at the last area land-use analysis, or, since the last land-use analysis or area zoning of the subject property, authorized public improvements,permitted private development or other circumstances affecting the subject property have undergone significant and material change. This property meets the first criteria. The location of the property contiguous to the CS allows the RO land use to function as intended as a transition buffer designation. CONCLUSION The subject 9.46-acre site appears to be a reasonable candidate for the RO land use designation and concurrent R-10 zoning based upon the fact that it is contiguous on the west side to an existing RO/R-10 zoned area, on the north abuts a CS land use designation, and abuts a RS Family/R-8 zoned area to the south. It will also function as a transition area between these latter two areas. The RO designation, allows multi-family as well as single-family development of a scale and form that is compatible with nearby single-family residential. In this case, the applicant has agreed to enter into a development agreement with the City that will limit new housing to only single-family detached and ensure that lots abutting or near the common property line with Fernwood North Subdivision to the South are at least 50-feet wide. The applicant has also agreed PP � that upon annexation, an existing non-conforming use on the site will be removed. The staff recommends that as a further condition, a maximum density of 10 dwelling units per acre be required in the development agreement. This density would provide a H:\EDNSP\Comp Plan\Amendments\2003\Tydico\APPLICATION 2003-M-14.doc UtiTY U • AIX ivTO NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the Clly of Renton.The following briefly describes the application end the necessary Public Approvals. PROJECT NUMBERINAME: LUA-02-144,CPA,R,ECF;TYDICO SITE COMPREHENSIVE PLAN AMENDMENT,#2003-M-14 PROJECT DESCRIPTION: The proposal Is to change the Comprehensive Plan land use designation of a 9.46-acre site from RS(Residential Single Family)to RO(Residential Options) end concurrently rezone It from R-8 to R-10 with a Development Agreement limiting the number of units,among other things. PROJECT LOCATION: The 9.46-acre site Is bounded on the east by Bremerton Avenue NE(136'Ave — SE),and is located between NE 3,u Street(If extended)end NE 2 Street(if extended),end the city limits on the west. PUBLIC APPROVALS: Environmental Review,Comprehensvie Plan Map Amendment and Rezone • . APPLICANT/PROJECT David Halinen,Halinen Law Offices, CONTACT PERSON: 10500 NE Bast.,St 1900,Bellevue,WA 98004 Comments on the above application must be submitted In writing to Don Erickson,Project Manager,Strategic Planning, EDNSP Dept.,1055 South Grady Way,Renton,WA 98055.by 5:00 PM on August 22nd,2003. If you have questions about this proposal,or wish to be made a party of record and receive additional notification by mail,contact Don Erickson at(425)430.6581.Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: December 15,2002 , NOTICE OF COMPLETE APPLICATION: January 15,2003 DATE OF NOTICE OF APPLICATION: August 8,2003 IL _'rd IT - 404 • I If you would like to be made a party of record to receive further Information on this proposed project,complete Ihis form end return to:City of Renton,Development Planning,1055 South Grady Way,Renton,WA 98055. File No/Name: LUA-02-144,CPA,R,ECF;TYDICO SITE COMP PLAN AMENDMENT#2003-M-14 NAME: ADDRESS: TELEPHONE NO.: • NOTICE OF APPLICATI01'.doc • CERTIFICATION I, g:44 ,hereb certify copies ies of the P above document were posted by in onspicuous laces on or nearby `�NN�MMC"1� , the described property on • v�NOTAgY 9m�� ,;ATTEST:Subscribed an orn before me,a Notary igri ,tin and for th State of r N; , Washington residing in ,on the iZ day of O�. • It A e 0 (1/r)d/11 7612"^A'.e-Al MARIL N KAMCHEFF ',,it t IwAs�\?_• MY APPOINTMENT EXPI F CITY OF:RENTON CURRENTL ►NNING°DVIS.ION: <:: ..: :AFFIDAVIT OF:SI*RVICE BY MAILING Qn the 8 day of Ai, cast, , 2003, I deposited in the mails of the United States, a sealed envelope containing documents. This information was sent to: • Name Representing (Signature of Sender) STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that 4771.SYeA De J -)c•-t-t signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: ��/ ,K•.:°t'q a C `;°'��Ssio y�.:y�.„ Notary Publ in and for the State of Washington So �. 0 t4 k9..m�% NotaryPrint (Print) MARILYN KAM(;HFFF My appointment exV*.OINTMENT FXPiRFs 6-29-07 UBLIC 1 $ Project Name°a,,4,1W SHONG.� tl~�► Co �_ `ate o".9,` . Project Number: L�d's- 2 - C,t"' Lr (Z NOTARY.DOC I 0 11 AGENCY(DOE) LETTER MAILING (ERC DETERMINATIONS) I I 1 Dept. of Ecology* WDFW-Stewart Reinboldl* Muckleshoot Indian Tribe Fisheries Dept. * Environmental Review Section do Department of Ecology Attn. SEPA Reviewer PO Box 47703 3190 160th Ave SE I 39015—172nd Avenue SE Olympia,WA 98504-7703 Bellevue,WA 98008 Auburn,WA 98092 WSDOT Northwest Region* Duwamish Tribal Office* Muckleshoot Cultural Resources Program * it Attn: Ramin Pazooki 14235 Ambaum Blvd. SW—Front A Attn: Ms Melissa Calvert 11 King Area Dev. Serv., MS-240 Burien,WA 98166 39015 172nd Avenue SE 1 PO Box 330310 Auburn,WA 98092-9763 Seattle,WA 98133-9710 1I US Army Corp. of Engineers* KC Wastewater Treatment Division* Office of Archaeology&Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Stephanie Kramer Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Box C-3755 201 S.Jackson ST, MS KSC-NR-050 Olympia,WA 98504-8343 1 Seattle,WA 98124 Seattle,WA 98104-3855 1 11 Jamey Taylor 1 1 I Depart. of Natural Resources LI '11 PO Box 47015 .1 Olympia,WA 98504-7015 it KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Mr. Micheal E. Nicholson Attn: Mr. Fred Satterstrom,AICP j 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton,WA 98055-1219 13020 SE 72nd Place 220 Fourth Avenue South Newcastle,WA 98059 1 Kent,WA 98032-5895 I Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liason Manager Steve Lancaster, Responsible Official 1 Gary Kriedt Joe Jainga 1 1 6300 Southcenter Blvd. 201 South Jackson Street PO Box 90868, MS:XRD-01W Tukwila,WA 98188 1 I KSC-TR-0431 Bellevue,WA 98009-0868 Seattle,WA 98104-3856 Seattle Public Utilities 11 Real Estate Services Eric Swennson 1 700 Fifth Avenue, Suite 4900 1 Seattle,WA 98104-5004 I Note: If the Notice of Application states that it is an "Optional DNS",the marked agencies and 1 cities will need to be sent a copy of the checklist, PMT's, and the notice of application. * , 1 111 Also note, do not mail Jamey Taylor any of the notices he gets his from the web. Only send her 1 1 the ERC Determination paperwork. I c .. f ' ,. I Last printed 07/22/03 9:40 AM II LIST OF SURROUNDING PROPERTY OWNERS WITHIN 300-FEET OF THE SUBJECT SITE City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone:425-430-7200 Fax:425-430-7231 PROJECT NAME:"TYDICO SITE"COMPREHENSIVE PLAN AMENDMENT&REZONE/PREZONE APPLICATION NO: LUI61 , CPA (ELF C- The following is a list of property owners within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL NUMBER SEE ATTACHED LIST OF PROPERTY OWNERS EEC S L AJ http://www.ci.renton.wa.us/pw/devserv/aform/aformlistospo.doc 12/14/02 (Attach additional sheets, if necessary) NAME ADDRESS ASSESSOR'S PARCEL NUMBER Applicant Certification I, Debra I. Santelli, hereby certify that the above list(s) of adjacent property (Print Name) owners and their addresses were obtained from: X Title Company Records King County Assessors Records Signed Date December 14,2002 (Agent for Applicant) NOTARY ATTESTED: Subscribed and sworn before me, a Notary Public, in and for the State of Washington, residing t Tacoma,WA n the 14 da of December,2002. Signed GW—e--r • (Notary Public Y1 .. , `; l :oen ton' ; : ���,' ��•.r '';,•..t fr yr . , . ., . . . , . ,. . , .�. ._ .,; ,* � o ,. s ;; :r : ,' ,a .• fit;: :.,. V 10. •a. l .�r: 5 :� may` =CE C ON;' MAIL j.:.:... :R Y ,p, -1 --." ;.-;,,,.-: [ ���{, pit....,. ..vci,..:: °• .-, � :h reb ce, l:-�>hit• .o .ces�o te`''ro`ose'•�a ica �,.. •wails . ,.� � -� _�x<'.}F3! .fY.� �?, :�'.. p::.„p,;, :dt, pf�., .t�,.,t_!Nth ,.�'���<�:�:z ,,: ta: z ter; - 'r;;. •`ti'4�" is .i r I::` Ci o"�es a.>«- tW. /G.�� v .� - >'r„� :ct:i:'.;iF„ 0 .Ia; '2, r � 'ach=1 t 'r wn r':o eon: 3 : �s:,` d ..,.e., .. ,. :., ?.:.... ,. •.:, ..�.'.-.-, .....e::^':-.r.;,R•sw.......::...::.,.� ,;a,..;,i;'s;, `;�J`` ''"l'. ...+?Sn,'.� a«i'si. 1.7,'/q, tJ:a.se:•�'�, 'r.".0 ^a..,, .rWS, .a „� . . c1a, .5,.•• _ ..!� ;i0,.1;; V6,"rv.:,,.,,..t ���`� s� �• [� J Si' d' �:k e -'' � ( 1M +, .a..,, .•t dJh:. �',,�":a ri'.t;,"fin."-xl, 1^r. _ �r R',. '.. : n: :.�.,�..:.,' ::,.'.`• Jett"ti.N�t:'ui-.��t.. -,t,, y:(.:s'"� r_ Y +: t'. f i' ef, iJ i}'w': i a - S , : «ti Y s r:% , .: . - ;.0 er ' ' ,ATT Ti Subsri�edrdworkfipforeme vot{ !Y Pulic;,in� nd,frt -tateof Washin9t ;rsdIn9:;-: onthe . ) da. of., 520 DV,;.,, 0.. : r�. S d" MARILY MCHEFF MY APPOINTMENT EXPIRES 6-29-07 http://www.ci.renton.wa.us/pw/devserv/aform/aformlistospo.doc 2 MetroScan / King (WA) Parcel # Owner Name Site Address YB Owner Phone 107935 0050 Sanchez Joseph H/Mildred 4126 NE 2Nd St Renton 98059 1994 425-204-6007 107935 0060 Fernandez Corazon Y;Corder 4202 NE 2Nd St Renton 98059 1993 206-277-4383 107935 0070 Touch Sokha/Chantha 4208 NE 2Nd St Renton 98059 1993 107935 0080 Kimsey Terry A/Mary A 4214 NE 2Nd St Renton 98059 1994 107935 0090 Santiago Alejandro 4220 NE 2Nd St Renton 98059 1993 425-430-8936 107935 0100 Masako Tanaka Revocable Ll 4226 NE 2Nd St Renton 98059 1993 152305 9015 Carlo Joseph N 13203 138Th Ave SE Renton 9 152305 9024 Scherer D V *No Site Address* 152305 9030 Vue Fue Y/Mee Vang 13004 136Th Ave SE Renton 9 1977 152305 9035 Bliss Violet F 330 Bremerton Ave NE Renton 1932 425-255-2782 152305 9036 Bales Self-Storage Partner 301 Duvall Ave NE Renton 98 152305 9038 Hagerman Clara 13129 138Th Ave SE Renton 9 1930 425-226-4977 152305 9039 West Coast Investments Inc *No Site Address* Renton 152305 9095 Ockwell Richard J/Karen E; 13225 138Th Ave SE Renton 9 1955 152305 9115 Scherer D V 13251 138Th Ave SE Renton 9 1963 152305 9192 Pippin Cortess D 12922 136Th Ave SE Renton 9 152305 9193 Ratzsch Charles G *No Site Address* Renton 509-663-4511 152305 9211 Hamblin Donald E 13015 138Th Ave SE Renton 9 152305 9212 Hamblin Donald E 13005 138Th Ave SE Renton 9 1950 152305 9213 Hagerman Clara *No Site Address* 425-226-4977 152305 9214 Hampshire Michael L 13625 SE 131St St Renton 98 425-228-4797 152305 9215 Hagerman Clara *No Site Address* 425-226-4977 205050 0010 4Th/Bremerton Associates 4513 NE 4Th St Renton 98059 1982 252550 0290 Hendrickson Jon M 150 Bremerton P1 NE Renton 1986 252550 0300 Stricker Steven A & Deena 156 Bremerton P1 NE Renton 1986 252550 0310 Teletnik Kamilla 170 Bremerton P1 NE Renton 1986 252550 0320 Wong Glen W.K. & Wong Tess 185 Bremerton P1 NE Renton 1986 252550 0330 Lazcano Gildardo/Patricia 179 Bremerton P1 NE Renton 1986 425-793-5085 252550 0340 Nada-Schrader Kathleen S 173 Bremerton P1 NE Renton 1986 252550 0350 Rutledge Scott A/Julie M 169 Bremerton P1 NE Renton 1986 252550 0360 Flaig Terrance L 165 Bremerton P1 NE Renton 1985 252550 0370 Phillips Cheryl 161 Bremerton P1 NE Renton 1986 425-687-8739 252550 0380 Shepherd James E 157 Bremerton P1 NE Renton 1986 252550 0390 Dorer Gerald C & Susan R 151 Bremerton P1 NE Renton 1986 425-255-9354 252550 0400 Gullekson Edward D & Sandr 111 Bremerton P1 NE Renton 1986 425-254-0737 252550 0410 Hicks Michelle M 4314 NE 1St P1 Renton 98059 1986 252550 0420 Stone C E 4308 NE 1St P1 Renton 98059 1986 252550 0430 Saks Brian R & Jacqueline 152 Whitman Ct NE Renton 98 1986 252550 0440 James Edward N 156 Whitman Ct NE Renton 98 1986 252550 0450 Rosko Andrew 164 Whitman Ct NE Renton 98 1986 252550 0460 Sajous Renee 170 Whitman Ct NE Renton 98 1986 425-235-6756 252550 0470 Boone William J & Lori S 176 Whitman Ct NE Renton 98 1987 425-235-1916 252550 0480 Jamero Peter M Jr & Jovann 179 Whitman Ct NE Renton 98 1986 425-226-8524 252550 0490 Lo Nigel S C & Linda E 173 Whitman Ct NE Renton 98 1986 252550 0500 Madaj Warren J/Paula J 167 Whitman Ct NE Renton 98 1986 252550 0510 Cunningham James D Jr & Ga 161 Whitman Ct NE Renton 98 1986 425-277-0902 252550 0520 Lambert John A 155 Whitman Ct NE Renton 98 1986 425-255-8453 252550 0530 Cutler George S/Colleen M 154 Vashon P1 NE Renton 980 1985 425-204-0890 252550 0540 Cunanan Joseph M;Ebreo Eme 160 Vashon P1 NE Renton 980 1985 252550 0550 Marcellis Joanne C 166 Vashon P1 NE Renton 980 1985 425-228-6388 252550 0560 Huynh Thanh;+ 172 Vashon P1 NE Renton 980 1985 252550 0570 Erbeck Geoff A 178 Vashon P1 NE Renton 980 1985 252550 0580 Schroeder Gordon & Marsha 183 Vashon P1 NE Renton 980 1985 252550 0590 Haselfeld Keith M/Connie J 177 Vashon P1 NE Renton 980 1985 252550 0600 Epperson Terry A 171 Vashon P1 NE Renton 980 1985 252550 0610 Yuasa Takashi D/Camilla 165 Vashon P1 NE Renton 980 1985 252550 0620 Salvatori Kelly/Susan 159 Vashon P1 NE Renton 980 1986 425-917-2301 252550 0630 Parker Dina 4202 NE 1St P1 Renton 98059 1986 252550 0720 Fernwood North Homeowners *No Site Address* Renton 518210 0012 Johnson Robert E 254 Union Ave SE Renton 980 1950 518216 0013 Faulkes Bradley J/Kathy L 326 Union Ave NE Renton 980 1979 1 Information compiled from various sources.Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 6`1 MetroScan / King (WA) Parcel # Owner Name Site Address YB Owner Phone 518210 0014 Pillon Kenneth F & Carol A 316 1/2 Union Ave SE Renton 1928 253-639-9122 518210 0020 Ribera-Balko Enterprises F 13221 128Th Ave NE Kirkland 518210 0031 Ribera-Balko Enterprises F 4301 NE 4Th St Renton 98059 2001 518210 0039 Hatch Janet 4405 NE 4Th St Renton 98059 1952 518210 0041 Denton James M Se 128Th 136Th Ave SE Rento 425-333-5009 518210 0042 Prather Susan E 12905 136Th Ave SE Renton 9 1960 518210 0068 Woodall Rose Lee *No Site Address* Renton 425-255-9584 518210 0069 Woodall Rose Lee 230 Union Ave NE Renton 980 1949 425-255-9584 518210 0069 Woodall Rose Lee 230 Union Ave NE Renton 980 1949 425-255-9584 518210 0071 Cronin Teresa A 4115 NE 2Nd P1 Renton 98059 1978 425-228-5082 518210 0080 Woodall Rose Lee 248 Union Ave NE Renton 980 1960 425-255-9584 518210 0081 Woodall Rose Lee *No Site Address* Renton 518210 0082 Allard Jodi J 4207 SE 2Nd P1 Renton 98059 1981 518210 0083 Losch John H/Margaretta J 4213 NE 2Nd P1 Renton 98059 1981 425-226-5252 518210 0084 Li Ben S C;+ 4227 NE 2Nd P1 Renton 98059 1991 518210 0085 Patrianca Salvador C *No Site Address* Renton 425-348-6762 722700 0010 Buttar Baljinder S/Rashpal 4505 NE 4Th St #A Renton 98 1995 722700 0020 Nicholas Kim A 4505 NE 4Th St #B Renton 98 1995 425-226-9773 Information compiled from various sources.Real Estate Solutions makes no representations or warranties as to the accuracy or comnteteness of information contained in this renort. ' .TR YP- NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBER/NAME: LUA-02-144,CPA,R,ECF; TYDICO SITE COMPREHENSIVE PLAN AMENDMENT,#2003-M-14 PROJECT DESCRIPTION: The proposal is to change the Comprehensive Plan land use designation of a 9.46-acre site from RS (Residential Single Family) to RO (Residential Options) and concurrently rezone it from R-8 to R-10 with a Development Agreement limiting the number of units,among other things. PROJECT LOCATION: The 9.46-acre site is bounded on the east by Bremerton Avenue NE(136th Ave SE), and is located between NE 3rd Street (if extended) and NE 2 Street (if extended),and the city limits on the west. PUBLIC APPROVALS: Environmental Review,Comprehensvie Plan Map Amendment and Rezone •• APPLICANT/PROJECT David Halinen,Halinen Law Offices, CONTACT PERSON: 10500 NE 8thSt.,St 1900,Bellevue,WA 98004 Comments on the above application must be submitted in writing to Don Erickson, Project Manager,Strategic Planning, EDNSP Dept., 1055 South Grady Way, Renton,WA 98055, by 5:00 PM on August 22"d,2003. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Don Erickson at(425)430-6581. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. • PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION i . DATE OF APPLICATION: December 15,2002 NOTICE OF COMPLETE APPLICATION: January 15,2003 DATE OF NOTICE OF APPLICATION: August 8,2003 ., Jim; u �r * J I I ir — r J._1L TINS -�yo 1 - g I ice. i FT- If you would like to be made a party of record to receive further information on this proposed project,complete this form . . and return to: City of Renton,Development Planning,1055 South Grady Way,Renton,WA 98055. File No./Name: LUA-02-144,CPA,R,ECF; TYDICO SITE COMP PLAN AMENDMENT#2003-M-14 NAME: ADDRESS: TELE,HONE NO.: NOTICE OF APPLICATIO1.doc cam- CITY F RENTON Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator August 7, 2003 David Halinen Halinen Law Offices, P.S. 10500 NE 8th, Suite 1900 Bellevue, WA 98004 Subject: Tydico Site Comprehensive Plan Amendment LUA-02-144,CPA,R,ECF Dear Mr. Halinen: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on August 26, 2003. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me, at (425)430-6581, if you have any questions. Sincerely, • ' s(7_ Don Erickson Senior Planner cc: 5050 First Ave., LLC/Owner, Liberty Ridge, LLC/Applicant 1055 South Grady Way-Renton,Washington 98055 R E N T O N AHEAD OF THE CURVE COThis paper contains 50%recycled material,30%post consumer NOTE TO FILE The application Tydico Site Comp. Plan and Rezone/LUA02-144,ECF,CPA,R is pending and awaiting instruction from Rebecca Lind. City of Renton LAND USE PERMIT041 MASTER APPLICATION `-'''j [ j1 PROPERTY OWNER(S) PROJECT INFORMATION NAME: 5050 First Avenue, LLC PROJECT OR DEVELOPMENT NAME: "Tydico Site" Comprehensive Plan Land Use Map Amendment and Attn: Mark E. Hodges, Manager Rezone/Prezone ADDRESS: 127 Bellevue Way SE, Suite 100 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: The site is located in STR 15-23-05. The site (a) is CITY: Bellevue ZIP:98004 bounded on the east by Bremerton Ave. NE (136th Ave. SE), (b) is located between NE 3rd St. (if TELEPHONE NUMBER: (425) 637-1200 extended) and NE 2nd St. (if extended), and (c) abuts the existing Renton City limits on its west, north and south sides. APPLICANT (if other than owner) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): NAME: Liberty Ridge L.L.C. [will succeed to 5050 First Avenue, LLC (the initial Applicant) as 5182100049, 5182100050 & 5182100051 the Applicant upon acquiring title to the property from 5050 First Avenue, LLC — EXISTING LAND USE(S): Existing residential and anticipated to occur during January 2003] nonconforming construction company uses COMPANY(if applicable): N/A PROPOSED LAND USE(S): Detached single-family residential ADDRESS: 9125 10th Avenue S. EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CITY:, Seattle ZIP:98108 Renton: Residential Single Family (RS) TELEPHONE NUMBER (206) 762-9125 King County: Urban Residential - 4 to 12 du/acre CONTACT PERSON PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): Renton: Residential Options (RO), subject to a Development Agreement NAME: David L. Halinen EXISTING ZONING: R-4 (King County) - Not yet zoned by Renton COMPANY(if applicable): Halinen Law Offices, P.S. PROPOSED ZONING (if applicable): R-10 (Renton), subject to a Development Agreement ADDRESS: 10500 NE 8th, Suite 1900 SITE AREA (in square feet): 412,000 sq. ft. +/- CITY: Bellevue ZIP: 98004 SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED FOR SUBDIVISIONS OR PRIVATE STREETS SERVING TELEPHONE NUMBER AND E-MAIL ADDRESS: THREE LOTS OR MORE(if applicable): N/A (206) 443-4684 davidhalinen@halinenlaw.com OJECT INFORMATION (con ued) PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL ACRE(if applicable): N/A BUILDINGS TO REMAIN (if applicable): N/A NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS(if applicable): N/A NUMBER OF PROPOSED LOTS(if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT(if applicable): N/A NUMBER OF NEW DWELLING UNITS(if applicable): N/A PROJECT VALUE: N/A NUMBER OF EXISTING DWELLING UNITS(if applicable): IS THE SITE LOCATED IN ANY TYPE OF Three units (one stick-built unit being used as a ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE residence, one double-wide mobile home being used SQUARE FOOTAGE(if applicable): as a residence and one stick-built unit beingused An unnamed, southerly-draining, seasonal stream as a exists in a ditch that (a) lies just west of the site's construction company office) west boundary along the north half of the site and SQUARE FOOTAGE OF PROPOSED RESIDENTIAL (b) then turns south-southeasterly crossing into ' the site and extending to the site's south boundary BUILDINGS(if applicable): N/A at a point located approximately 140 feet east of SQUARE FOOTAGE OF EXISTING RESIDENTIAL the site's southwest corner. Although no wetlands exist on the site, a City of Renton Category III BUILDINGS TO REMAIN (if applicable): N/A wetland (which requires a 25-foot wide buffer) is reported to exist to the northwest of the site. SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL Relatively small, isolated areas of slopes in excess BUILDINGS(if applicable): N/A of 25% exist on the site. II LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION 15 TOWNSHIP 23N, RANGE 5E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Comprehensive Plan.Land Use Map Amendment 3. SEPA Review 2. Rezone/Prezone 4. Staff will calculate applicable fees and postage: $ IAFFIDAVIT OF OWNERSHIP �•i vy..�.*t\\ Y �, Si= - SEE ATTACHED;�:,,AFFIDAVIT O,FF,OWNERSHIP: I 1 LEGAL DESCRIPTION FOR THE "TYDICO SITE" COMPREHENSIVE PLAN AMENDMENT AND REZONE/PREZONE The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M.,King County, Washington. EXCEPT roads. �C fl 7 AFFIDAVIT OF OWNERSHIP I, MARK E. HODGES, declare that: (1) I am the manager of 5050 FIRST AVENUE, LLC, a Washington liability company, the company that is the current owner of the following described property(the "Property"): The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M., King County, Washington. EXCEPT roads. (2) The Property is the property that is involved in the subject "Tydico Site" Comprehensive Plan Amendment and Rezone/Prezone application; (3) The foregoing statements and answers contained in the accompanying City of Renton Land Use Permit Master Application for that application are in all respects true and correct to the best of my knowledge and belief; and (4) LIBERTY RIDGE L.L.C., a Washington limited liability company, is expected to acquire the Property from 5050 FIRST AVENUE, LLC not later than January 2003. MARK E. HODGES STATE OF WASHINGTON ) cKe.ja_n ) ss. COUNTY OFiC4ifiLi ) I certify that I know or have satisfactory evidence that MARK E. HODGES is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the manager of 5050 FIRST AVENUE, LLC, a Washington limited liability company, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this 12th day of December, 2002. 7743-. 4s2i2f2-- NOTARY PUBLIC • (sign name of notat_y_pubhc) STATE OF WASHINGTON 7. ge I`' PEGGY F. MITCHELL (print or'#y name of notary public) My Appointment Expires May 4,2005 NOTARY PUBLIC i for the State of Washington, residing at cP -,i-eoS . My Commission expires:MAckfCo c s. C:\Documents and Settings\mehodges\Local Settings\Temporary Internet Files\OLKAA\AFF-OWN Di.doc r nal cac. HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L Halinen,P.E. Bellevue Place/Bank of America Bldg. (425)454-8272 davipalinen@halinenlaw.com 10500 NE 8`h, Suite 1900 Fax(425)646-3467 Bellevue,Washington 98004 December 16, 2002 HAND-DELIVERED CITY OF RENTON City of Renton Department of Economic Development, E C E I V E D Neighborhoods and Strategic Planning DEC 1 6 Zp02 1055 S. Grady Way, Sixth Floor Renton,Washington 98055 BUILDING DIVISIpN Attn: Rebecca Lind, Planning Manager RE: 5050 First Avenue L.L.C.'s Application for the"Tydico Site"Comprehensive Plan Land Use Map Amendment and Rezone/Prezone Dear Ms. Lind: As a follow-up to our recent discussions, on behalf of property owner 5050 First Avenue, LLC1 I herewith submit to you the following items to constitute the above-referenced application [item numbers refer to the City's "Submittal Requirements for Comprehensive Plan Amendment" (rev. 06/00)]: (1) The original plus eleven (11) copies of the completed Master Application form; (2) Twelve (12) copies of a completed Environmental Checklist; (3) Three(3)copies of a King County Assessors Map depicting the subject site in color and all properties lying within 300 feet of the site; (4) Five(5)copies of a title notebook(each containing a current title report from Transnation.Title Insurance Company and copies of the recorded documents that are referenced therein); (5) Two (2) sets of self-adhesive mailing labels including the property owner's name,mailing address and King County Assessor's account numbers for all properties lying within 300 feet of the boundaries of the subject site; (6) Two (2) copies of a completed, signed and notarized List of Surrounding Property Owners form; 1 Note that Liberty Ridge L.L.C.,a Merlino family company that is under contract to acquire ownership of the subject property during January 2003 from the current owner,5050 First Avenue,LLC(the initial Applicant), will succeed to 5050's position as the Applicant upon acquiring title to the property. City of Renton Department of Economic Development, Neighborhoods and Strategic Planning Attn: Rebecca Lind, Planning Manager December 16, 2002 Page 2 (7) Legal Documents: Five (5) copies of a proposed form of Development Agreement; (8) Both(a)check from Liberty Ridge L.L.C.in the sum of$3,000.00 payable to the order of the City of Renton for the processing fee for the proposed Comprehensive Plan Amendment,rezone/prezone and environmental review and(b)a check from my office in the amount of$28.86 for first class postage (which is equivalent to$0.37 per mailing label for one set of the provided 78 labels); (9) Twelve (12) copies of a Project Narrative; (10) Twelve (12) copies of a Neighborhood Detail Map; (11) Twelve (12) copies of a Property Map; and (12) PMT reductions(8-1/2 inch by 11 inch)of the Neighborhood Detail Map and Property Map and one photocopy each made from those PMT reductions. Please phone me if you have any questions or comments concerning this application. Thank you for your cooperation. Sincerely, HALINEN LAW OFFICES,P.S. 1:'(4---"6"..11-€111 David L. Halinen Enclosures cc: 5050 First Avenue L.L.C. Attn: Mark E. Hodges, Manager(without copies of enclosures) Liberty Ridge L.L.C. Attn: Gary M. Merlin,Manager(with copies of selected enclosures) Pacific Engineering Design, LLC. Attn: Greg Diener, P.E.,President(with copies of selected enclosures) C:\CF\2418\028\COMPREHENSIVE PLAN AMENDMENT\LIND.LT2.DOC 2. Size and Location of the Site The approximately 9.46-acre site is located approximately 650 feet south of NE 4th Street in unincorporated King County, with Bremerton Avenue NE (136th Ave. SE) right-of-way lying along the site's east boundary. The site's north boundary is located approximately at NE 3rd Street (if extended) and the site's south boundary is located approximately at NE 2"d Street (if extended). 3. Current Use of Site and Any Existing Improvements A construction company called Tydico, Inc. has a company administrative office (in two buildings), a company vehicle repair shop and an associated company equipment and material yard located on approximately the easterly 2/3rds of the northerly half of the site. A stick-built home and a doublewide mobile home (both of which lie near the site's northeast corner) are occupied as single-family residences. The balance of the site is vacant. 4. Special Site Features The site is essentially square in shape and slopes generally to the south and west. Existing soil stockpiles exist within a part of the northwest portion of the site. A ditch/potential intermittent stream sloping to the south lies along the south portion of the site's westerly edge. 5. Location of Existing Structures The site's existing structures lie within the northeast quarter of the site. (See the accompanying Property Map.) 6. Specific Responses to the Following Decision Criteria: A. The CPA and associated Rezone/Prezone bear a substantial relation to the public health, safety or welfare. The requested Comprehensive Plan Amendments and rezone/prezone (with the proposed Development Agreement), if granted, would allow the replacement of the existing construction company business operations on the subject property with detached single-family housing in the City, a use which would increase the City's tax base and provide a more desirable neighboring use for the adjacent single family residential uses to the south, west and east. B. The CPA and associated Rezone/Prezone address changing circumstances or the needs of the City as a Whole. Page 2 of 6 DLH 12-14-02 C:\CR2418\028\Comprehensive Plan Amendment\Proj-Nar-v1.Dl.doc The City of Renton as a whole is continuing to experience a substantial demand for residential real estate of all types. This proposal would allow for detached single-family housing on the subject property of a slightly higher density than in the R-8 zone. That housing type would be an appropriate land use transition between the existing R-8 zoned single- family residential neighborhood to the south and the Center Suburban (CS) property to the north (some of which has already been developed for a major new U.S. Postal Service facility and the rest of which is primarily vacant but anticipated to be developed with intensive CS uses in the future). The proposal would provide for close-in housing opportunities for employees of local businesses. C. The CPA and associated Rezone/Prezone are compatible with the provisions of the Comprehensive Plan or other policies or goals of the City The following discussion of applicable Comprehensive Plan Land Use Policies demonstrates that the requested Comprehensive Plan Land Use Map Amendment and associated rezone/prezone are compatible with applicable provisions of the Renton Comprehensive Plan. General Residential Policies: Policy LU-11 Consistent with subsection a of this policy, the proposal would provide for detached single-family residential development on environmentally suitable land on one of the plateaus surrounding downtown Renton. Residential-Types Policies Policy LU-16.1 This policy states in relevant part: "In areas bordering Center designations . . . , encourage a mix of single family and small scale multi-family housing types designed to look like single-family development . . . ." (Emphasis added.) While the proposed Development Agreement will only permit detached single-family residential development (in deference to the existing neighboring detached single-family areas to the west and south), an RO Comprehensive Plan Land Use designation and R-10 zoning for the site will allow for more flexibility in single-family lot sizes (and thus home sizes) on the subject property than would the R-8 zone. Such flexibility is something that is quite appropriate in view of (a) Policy LU-16.1 and (b) the Page 3 of 6 DLH 12-14-02 C:\CF\2418\028\Comprehensive Plan Amendment\Proj-Nar-v1.D1.doc fact that the subject property borders a Center designation. Note that the proposed Development Agreement will require that future lots abutting the site's south boundary be a minimum of 50-feet wide [which is the minimum width of interior lots (as opposed to corner lots) in the R-8 zone]. Future lots elsewhere on the site will be able to range in width to as small as 30 feet under the proposed R-10 zone classification. (However, the applicant anticipates that, except along the south boundary, most of the lots that will be proposed at the time of preliminary plat application will have a 40-foot minimum width.) Residential Options Policies Policy LU-50 This policy states: "Residential neighborhoods may be considered for the Residential Options Designation if they meet three of the following criteria: a. The area already has a mix of small scale multi-family units or had long standing duplex or low density multi- family zoning. b. Development patterns are established. c. Vacant lots exist or parcels have redevelopment potential. d. Few new roads or major utility upgrades will be needed with future development. e. The site is located adjacent to a Center designation. (Emphasis added.) As discussed below, the last four of these five circumstances exist in regard to the subject request. With respect to subsection b, (a) detached single-family residential uses have already been established on several of the R-10 zoned properties to the west, (b) detached single-family residential uses have already been established on the R-8 zoned properties to the south and (c) commercial- type governmental operations uses have already been established to the north by the recently-constructed U.S. Postal facility on a portion of the CS- zoned property to the north. Page 4 of 6 DLH 12-14-02 C:\CF\2418\028\Comprehensive Plan Amendment\Proj-Nar-v1.D 1.doc With respect to subsection c, a portion of the subject property is vacant and the balance of the subject property has redevelopment potential upon the termination of the construction company operations. With respect to subsection d, few new roads or major utility upgrades will be needed for future development of the subject site. Offsite street and utility improvements will only need to be made to Bremerton Avenue NE to the north of the site and possibly to a short section of Bremerton Place NE (100 feet or so) to the south. Existing sanitary sewer lines available to provide service to the site exist at the site's southeast corner (at the north end of existing Bremerton Place NE) and about 107 feet east of the site's southwest corner. With respect to subsection e, the site is located adjacent to a Center designation (Center Suburban). D. The CPA and associated Rezone/Prezone are compatible with and not materially detrimental to adjacent Land Uses and surrounding neighborhoods. The proposed RO Comprehensive Plan Land Use designation and R-10 zoning of the subject property will provide a compatible transition between the R-8 zoned area to the south and the CS-zoned area to the north, just as the existing R-10 zoned area to the west does for the R-8 zoned area lying to the south of it and the CS-zoned area lying to the north of it. Especially in view of the proposed Development Agreement's requirement that future residential development of the site be limited to detached single-family development, the proposed RO Comprehensive Plan Land Use designation and R-10 zoning of the subject property will certainly not be detrimental to adjacent Land Uses and surrounding neighborhoods. The Development Agreement's additional requirement that future lots abutting the site's south boundary be a minimum of 50-feet wide (the minimum width of interior lots within the R-8 zone) will further ensure that the proposal will not be detrimental to the adjacent single-family R-8 zoned neighborhood to the south. E. The CPA and associated Rezone/Prezone will not result in development which will adversely impact community facilities, including but not limited to utilities, transportation, parks or schools As noted above, City of Renton sanitary sewer lines have already been extended in two places to the site's south boundary and are available for extension to serve the subject property. In addition, City of Renton water Page 5 of 6 DLH 12-14-02 C:\CF\2418\028\Comprehensive Plan Amendment\Proj-Nar-v1.D1.doc mains lie in Bremerton Avenue NE to the north and Bremerton Place NE to the south and are available for extension to serve the subject property. Note that only about 60 future homes are anticipated on the subject property and traffic associated with them is not anticipated to adversely impact existing transportation facilities, especially in view of the City's traffic impact fee requirements (which will apply to future development of the subject property). In view of the City's park mitigation fee requirements (which will also apply to future development of the subject property), future development of the site is not anticipated to adversely impact City parks. The Renton School District is believed to have adequate capacity to serve anticipated students who would live in a completed residential development of the subject property. F. The subject property is suitable for development in general conformance with zoning standards under the proposed zoning classification. The property is generally gently-sloping and, with the exception of a small area along the southerly half of the site near the west boundary where the ditch/possible intermittent stream is located (which, upon verification of a stream, would presumably require a buffering setback), is very suitable for detached single-family residential development in general conformance with zoning standards under the proposed R-10 zoning classification of the site. Page 6 of 6 DLH 12-14-02 C:\CF\2418\028\Comprehensive Plan Amendment\Proj-Nar-v1.D1.doc L;., 1 5- C199„d4 I 6th,F4- DEVELOPMENT AGREEMENT L______wehrn-att o �Io - d PARTIES - This agreement (this "Development Agreement" or "Agreement") is made and entered into this day of , 2003, by and between the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, and LIBERTY RIDGE L.L.C., a Washington limited liability company, the owner of the parcels of property covered by this Development Agreement("Owner"). RECITALS WHEREAS, an application was made to the City of Renton on December 16, 2002 for a Comprehensive Plan Land Use Map amendment and Zoning Map amendment of the Owner's property that is legally described as follows (the "Property"): The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M.,King County, Washington. EXCEPT roads. WHEREAS, the City has assigned City File Nos. LUA - , and 2003-M-_to the Owner's requests; and WHEREAS, the owner seeks to have the Property, which is approximately 9.46 acres in size, given a Residential Options (RO) Land Use Map designation and Residential-10 Dwelling Units Per Acre (R-10) zoning. WHEREAS, the Owner is willing to have the City grant the requested Comprehensive Plan Land Use Map designation and zoning subject to this Development Agreement that would embody the site-specific restrictions that are set forth in Section 3,below. DEVELOPMENT AGREEMENT--Page 1 Draft dated December 15,2002 WHEREAS, staff members of the City's Department of Economic Development, Neighborhoods and Strategic Planning and of the City's Department of Planning/Building/Public Works have reviewed the Site-Specific Restrictions and concur that they are appropriate; WHEREAS, the Planning Commission held a public hearing concerning the proposed Comprehensive Plan Map Amendment and Zoning Map Amendment on 2003; and WHEREAS, on _, 2003, the City Council adopted a Planning and Development Committee report concerning the request; and WHEREAS, on _, 2003, this Development Agreement was presented at a public hearing before the City Council; and WHEREAS, the City Council has taken into account the public comment presented at that public hearing; and WHEREAS, this Development Agreement is premised on the Property being annexed to the City of Renton and will be of no force or effect if that annexation is not realized within 12 months following the date that this Agreement is executed by both parties; and WHEREAS, this Development Agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and WHEREAS, this Development Agreement appears to be in the best interests of the citizens of the City of Renton, Washington; NOW, THEREFORE, the parties do agree as follows: SECTION 1. AUTHORITY Pursuant to RCW 36.70B.170(1), the City and persons with ownership or control of real property are authorized to enter into a development agreement setting forth development standards and any other provisions that shall apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration of such development agreement. SECTION 2. SUBJECT PROPERTIES A. Illustrative Map: The drawing attached hereto as Exhibit A graphically depicts the Property. B. King County Property Identification Numbers: The following list indicates the King County Property Identification Numbers applicable at the time of this Development DEVELOPMENT AGREEMENT--Page 2 Draft dated December 15, 2002 Agreement: 5182100049, 5182100050 and 5182100051. SECTION 3. COMPREHENSIVE PLAN LAND USE MAP DESIGNATION AND ZONING SUBJECT TO SITE-SPECIFIC CONDITIONS: A. Site-Specific Restrictions. The parties hereby agree that the following site-specific conditions (the "Site-Specific Restrictions") shall apply to the Property in conjunction with the Comprehensive Plan Land Use Map Designation described in subsection B, below, and in conjunction with the Zoning Classification described in subsection C, below: (1) All residential buildings shall be detached single-family residential buildings (i.e., contain only one residential unit per building); and (2) All future residential lots within the Property that directly abut the Property's south boundary shall have a minimum width of 50 feet. B. Comprehensive Plan Land Use Map Designation: The parties agree that, subject to the Site-Specific Restrictions set forth above, the Property shall have a Residential Options (RO) Land Use Map designation. C. Zoning Classification: The parties further agree that, subject to the Site-Specific Restrictions set forth above, the Property shall have a Residential-10 Dwelling Units Per Acre(R-10)zoning classification. SECTION 4. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or terminated, this Development Agreement is enforceable during its term by a party to this Development Agreement; provided, however, only the City may enforce the Site-Specific Restrictions. Development of the Property shall not be subject to a new zoning ordinance or an amendment to a zoning ordinance or to a development regulation or standard adopted by the City after the effective date of this Development Agreement unless (a) otherwise provided in this Development Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance or an amendment to a zoning ordinance or development regulation or standard shall apply or (c) in the case of a new or amended development regulation the regulation is one that the City was required to adopt or amend because of requirements of state or federal law. Any development permit or approval issued by the City for the Property during this Development Agreement's term must be consistent with this Development Agreement. SECTION 5. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4), the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. DEVELOPMENT AGREEMENT--Page 3 Draft dated December 15, 2002 SECTION 6. RECORDING Pursuant to RCW 36.70B.190, this Development Agreement shall be recorded with the real property records of King County. During the term of the Development Agreement, the agreement shall be binding on the parties and their successors and assigns. SECTION 7. TERM This Development Agreement shall run with the Property until amended or rescinded by the City Council in accordance with Section 8, below. With respect to any portion(s) of the Property that are not developed, the parties to this Development Agreement agree to evaluate the Agreement periodically, but not less than every ten (10) years. Where appropriate, periodic review of the Development Agreement shall generally coincide with the City's evaluation of its entire Comprehensive Plan. SECTION 8. AMENDMENT The provisions of this Development Agreement, before the expiration of ten (10) years from the date of execution of this Agreement by all of the parties, may only be amended with the mutual written consent of the parties; provided, however, that the owner(s) of portion(s) of the Property shall be entitled to amend the Development Agreement from time-to-time (with the consent of the City) as it relates to their particular portion(s) of the Property. After ten (10) years, the City may change the zoning and development regulations pertinent to the Property as part of its normal process of alteration to its Comprehensive Plan, Zoning and Development Regulations. SECTION 9. TERMINATION IF ANNEXATION NOT REALIZED The Property is currently in the process of being annexed into the City of Renton. This I Development Agreement will terminate and be of no force or effect if that annexation is not realized within 12 months following the date that this Agreement is executed by both parties. DATED this day of , 2003. CITY OF RENTON By: Jesse Tanner,Mayor Attest: , City Clerk DEVELOPMENT AGREEMENT--Page 4 Draft dated December 15, 2002 Approved as to Form: Lawrence J. Warren, City Attorney LIBERTY RIDGE L.L.C., a Washington limited liability company By: Gary M. Merlin,Manager STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that on the day of , 2003 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said City. Dated: Signature Print Name Notary Public Title My Appointment Expires DEVELOPMENT AGREEMENT--Page 5 Draft dated December 15, 2002 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GARY M. MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a manager of LIBERTY RIDGE L.L.C., a Washington limited liability company, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this day of , 2003. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: C:\CF\2418\028\Comprehensive Plan Amendment\Dev-Agmt.D1.doc DEVELOPMENT AGREEMENT--Page 6 Draft dated December 15, 2002 } EXHIBIT A jA drawing that graphically depicts the Property shall replace this page prior to execution of the Development Agreement] DEVELOPMENT AGREEMENT--Page 7 Draft dated December 15, 2002 ENVIRONMENTAL CHECKLIST EEC u C INTRODUCTION r ` Purpose of Checklist: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply". IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the word "project", "applicant", and "property or site" should be read as "proposal," "proposer", and "affected geographic area," respectively. Page 1 C.1Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLKI4A\ENV-CHECKLIST-1.D1.doc , • A. BAC.KGROUND 1. Name of proposed'project, if applicable: "Tydico Site Comprehensive Plan Land Use Map Amendment and Rezone/Prezone (a non project action) 2. Name of applicant(s): Liberty Ridge L.L.C. 3. Address and phone number of applicant(s) and contact person: Applicant: Contact Person: Liberty Ridge L.L.C. David L. Halinen 9125 10th Avenue South Halinen Law Offices, P.S. Seattle, WA 98055 10500 NE.8`h Street, Suite 1900 (206) 762-9125 Bellevue, WA. 98004 (206) 443-4684 . Date checklist prepared: December 15, 2002 5. Agency requesting checklist: City of Renton Department of Economic Development, Neighborhoods and Strategic Planning 6. Proposed timing or schedule (including phasing, if applicable): The proposed "Tydico Site" Comprehensive Plan Land Use Map Amendment and Rezone/Prezone is anticipated to be processed by the City by September 2003. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Detached single-family residential development of the property consistent with the proposed Comprehensive Plan Amendment and Rezone/Prezone is contemplated in 2004 but is not part of this proposed non project action. A preliminary plat of a proposal for such development is anticipated to be submitted to the City for review and approval upon the completion of both (a) the Comprehensive Plan Amendment and Rezone/Prezone of the subject property and(b) the annexation of the subject property into the City of Renton. Page 2 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.D1.doc 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The City of Renton issued a Draft Environmental Impact Statement for the City of Renton Comprehensive Plan's Land Use Element (dated January 16, 1992) and a two-volume Final Environmental Impact Statement for the City of Renton Comprehensive Plan's Land Use Element(dated February 1, 1993). 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Yes. An earlier application for annexation of the subject property into the City of Renton with a zoning classification of R-8 is currently pending. 10. List any government approvals or permits that will be needed for your proposal, if known. Renton City Council approval. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The Applicant requests (a) an amendment of the property's City of Renton Comprehensive Plan Land Use Map designation from Residential Single Family (RS) to Residential Options (RO) and (b) establishment of the property's City of Renton Zoning Classification as Residential-10 Dwelling Units Per Acre (R-10), subject to a Development Agreement with the City of Renton that would impose the following two site-specific conditions upon future development of the site: (1) All residential buildings. shall be detached single-family residential buildings (i.e., contain only one residential unit per building); (2) All future residential lots within the Property that directly abut the Property's south boundary shall have a minimum width of 50 feet. Note that no existing City of Renton prezoning currently exists for the site, although a prezone request to R-8 was submitted to the City on October 16, 2002 in conjunction with an annexation application for the property. The Page 3 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLKI4A\ENV-CHECKLIST-I.D1.doc site's existing unincorporated King County zoning is R-4. The site's size is approximately 9.46 acres. • 12. Location of the proposal. Give sufficient information for a person to understand the precise location --of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The site is located approximately 650 feet south of NE 4rh Street in unincorporated King County, with Bremerton Avenue NE (136`h Ave. SE) right-of-way lying along the site's east boundary. The site's north boundary is. located approximately at NE 3rd Street (if extended) and the site's south boundary is located approximately at NE 2"d Street (if extended). The site's legal description is: The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M., King County, Washington. EXCEPT roads. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan map as environmentally sensitive? The City's "Potential Wildlife Areas, Forest, Open Spaces and Wetlands Map" and "Lakes, Rivers &Streams, Wetlands &Stream Reach Labels" map depict a stream within the south part of the westerly portion of the site. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (underline one): Flat, rolling, hilly, steep slopes,mountainous other b. What is the steepest slope on the site (approximate percent slope)? Soil stockpiles lying upon the northwest portion of the site have slopes of up to approximately 60%. • Page 4 C:1Documents and Settingslgdiener1Local Settings\Temporary Internet Files\OLK14A1ENV-CHECKLIST-1.D1.doc c. What general types of soils are found on the site (for example, clay, sand, gravel,, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The November 1973 King County Soil Survey (prepared by the U. S. Department of Agriculture's Soil Conservation Service) maps the site's soils as "AgC" (Alderwood gravelly sandy loam, 6 to 15 percent slopes). No agricultural soils are found on the site. d. Are there surface indications or history of unstable soils in the immediate Vicinity? If so, describe. Not to our knowledge. e. Describe the purpose, type, and approximate quantities of any filling • or grading proposed. Indicate source of fill. None proposed at this time. The subject application is for comprehensive plan (land use map) amendment ("CPA") and rezone/prezone only. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. N/A. (No development is being proposed as part of the subject non- project action.) g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A. (No development is being proposed as part of the subject non- project action.) h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A • 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Page 5 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.D1.doc N/A. (No development is being proposed as part of the subject non- project action.) b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. • None known c. Proposed measures.to reduce or control emissions or other impacts to air,if any: N/A. (No development is being proposed as part of the subject non- project action.) 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. An unnamed, southerly-draining, seasonal stream exists in a ditch that(a) lies just west of the site's west boundary along the north half of the site and (b) then turns south-southeasterly crossing into the site and extending to the site's south boundary at a point located approximately 140 feet east of the site's southwest corner. Although no wetlands exist on the site, a City of Renton Category III wetland (which requires a 25-foot wide buffer) is reported to exist to the northwest of the site. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A. (No development is being proposed as part of the subject non- project action) 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. • Page 6 C:1Dociunents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.Dl.doc N/A. (No development is being proposed as part of the subject non- project action.) 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. N/A. (No development is being proposed as part of the subject non- project action.) 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. N/A 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage: industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A c. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Page 7 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.D1.doc N/A. (No development is being proposed as part of the subject non project action.) However, future development will require preparation and City of Renton approval of an onsite storm water control plan. 2) Could waste materials enter ground or surface waters? If so, generally describe. No d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: • N/A. (No development is being proposed as part of the subject non- project action.) 4. Plants a. Check or underline types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other: willows and cottonwoods X evergreen tree: fir, cedar, pine, other: X shrubs X grass pasture wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other: X other types of vegetation: Scot's broom, reed canary grass and Himalayan blackberry b. What kind and amount of vegetation will be removed or altered? N/A. (No development is being proposed as part of the subject non- project action.) c. List threatened or endangered species known to be on or near the site. None. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N/A. (No development is being proposed as part of the subject non- project action.) 5. Animals Page 8 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.D1.doc a. Underline any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer,bear, elk, beaver, other: squirrels, chipmunks,raccoons fish: bass, salmon,trout,herring, shellfish, other: None b. List any threatened or endangered species known to-be on or near the site. None. c. Is the site part of a migration route? If so, explain. Unknown. d. Proposed measures to preserve or enhance wildlife, if any: N/A. (No development is being proposed as part of the subject non- project action.) 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating,manufacturing, etc. N/A. (No development is being proposed as part of the subject non- project action.) b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A. (No development is being proposed as part of the subject non- project action.) c. What kinds of energy conservation features are included in the plans of this proposal: List other proposed measures to reduce or control energy impacts, if any: None. Application is for CPA and rezone/prezone only. 7. Environmental Health Page 9 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.D1.doc { a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N/A. (No development is being proposed as part of the subject non project action.) 1) Describe special emergency services that might be required. N/A. (No development is being proposed as part of the subject non project action.) 2) Proposed measures to reduce or control environmental health hazards,if any: None. Application is for CPA and rezone/prezone only. b. Noise 1) What types of noise exist in the area which may affect your project(for example: traffic, equipment operation, other)? None known. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Traffic noise and other noise commonly associated with a detached single-family residential development would ultimately be created by such a development on the subject property. However, no development is being proposed at this time. (Application is for CPA and rezone/prezone only.) 3) Proposed measures to reduce or control noise impacts,if any: None. Application is for CPA and rezone/prezone only. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? - A construction company called Tydico, Inc. has a company administrative office (in two buildings), a company vehicle repair shop and an associated company equipment and material yard located on Page 10 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-I.D1.doc s • approximately the easterly 2/3rds of the northerly half of the site. A stick-built home and a doublewide mobile home (both of which lie near the site's northeast corner) are occupied as single-family residences. The balance of the site is vacant. b. Has the site been used for agriculture? If so, describe. No. • c. Describe any structures on the site. See subsection a, above. d. Will any structures be demolished? If so,what? N/A. The application is for CPA and rezone/prezone only. (Most of the structures will need to be demolished in conjunction with anticipated future single-family residential development of the property.) e. What is the current zoning classification of the site? The site is currently zoned R-4 under King County zoning classification system. f. What is the current comprehensive plan designation of the site? The current City of Renton Comprehensive Plan Land Use Map designation for the site is Residential Single Family (RS). g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. The City's "Potential Wildlife Areas, Forest, Open Spaces and Wetlands Map" and "Lakes, Rivers & Streams, Wetlands & Stream Reach Labels" map depict a stream within the south part of the westerly portion of the site. i. Approximately how many people would reside or work in the completed project? Page 11 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-I.D1.doc Unknown at this time. The application is for CPA and rezone only. (However, the proponent anticipates that approximately 60 new single- family residences will eventually. be developed on the site and that the three existing houses on the site will be demolished) j. Approximately how many people would the completed project displace? N/A. (No development is being proposed as part of the subject non- project action.) ' k. Proposed measures to avoid or reduce displacement impacts, if any: None. The application is for CPA and rezone/prezone only. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: An amendment to the City of Renton Comprehensive Plan Land Use Map is being sought as part of the subject application. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Unknown at this time. Application is for CPA and rezone only. (However, the proponent anticipates that approximately 60 new middle- income single-family residences will eventually be developed on the site and that the three existing houses on the site will likely be demolished) b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. The three existing houses (low to middle-income) on the site will be demolished c. Proposed measures to reduce or control housing impacts, if any: Not applicable. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Page 12 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.D1.doc Unknown at this time. Application is for CPA and rezone only. (Structures would have to conform to the 30-foot maximum height limitation of the City of Renton's.R-10 zoning regulations if the proposal is approved.) b. What views in the immediate vicinity would be altered or obstructed? Unknown at this time. Application is for CPA and rezone only. (However, no significant view obstruction is anticipated Replacement of the existing structures that are part of the construction company use of a portion of the site with new single-family homes will improve the appearance of the site.) c. Proposed measures to reduce or control aesthetic impacts, if any: No adverse aesthetic impacts are anticipated. 11. Light and Glare _ a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Unknown at this time. Application is for CPA and rezone only. (Lighting typical of a single-family residential development would ultimately result, such as street lighting and lighting associated with individual homes.) b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. Recreation Page 13 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.Dt.doc . l a. What designated and informal recreational opportunities are in the immediate vicinity? Heather Downs Park Kiwanis Park Maplewood Community Park Maplewood Neighborhood Park, and the Maplewood Public Golf Course all are located within a 1-mile radius of the site. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreational opportunities to be provided by the project or applicant, if any? City of Renton park impact fees would be paid in conjunction with future development of the site. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or'next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None. c. Proposed measures to reduce or control impacts, if any: N/A. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. NE 4th Street and Bremerton Avenue NE to the north provide access to the site and Bremerton Place NE to the south also provides access to the Page 14 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLKI4A\ENV-CHECKLIST-1.D1.doc site. These streets are anticipated to provide access for future development of the site. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? • The following Metro Transit stops and routes in the vicinity of the site are as follows: Routes 111 and 908 service the stop at NE 4th Street and Duvall Ave. NE (to the northeast of the site) Routes 105 and 114 service the stop at NE 4th Street and Union Ave. NE • (to the northwest of the site) c. How many parking spaces would the completed project have? How many would the project eliminate? Unknown at this time. The application is for CPA and rezone/prezone only.) d. Will the proposal require any new roads or streets, or improvements to existing roads or streets,not including driveways? If so, generally describe(indicate whether public or private). N/A. (No development is being proposed as part of the subject non- project action.) However, offsite street and utility improvements will - need to be made to Bremerton Avenue NE to the north of the site and/or to a short section of Bremerton Place NE (100 feet or so) to the south. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A. (No development is being proposed as part of the subject non- project action.) (The proponent notes that no water, rail or air transportation facilities exist near the site.) f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. N/A. (No development is being proposed as part of the subject non- project action.) g. Proposed measures to reduce or control transportation impacts, if any: Page 15 C:\Documents and Settings\gdiener\Locai Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.D1.doc • City of Renton traffic impact fees would be paid in conjunction with • future development of the subject property. 15. Public Services • a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The subject application is for CPA and rezone/prezone approval only. (Ultimate development of the site would result in an increased need for public services.) b. Proposed measures to reduce or control direct impacts on public services, if any. City of Renton Fire Department impact fees would be paid in conjunction with actual development of the subject property. 16. Utilities a. Underline utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. All utilities are available to the site through a proper extension of services. Extension of services will be the developer's responsibility at the time of ultimate development. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A. No development is being proposed as part of the subject non project action. However proponent anticipates the following in conjunction with future development of the site: Electricity will be provided by Puget Sound Energy Natural Gas will be provided by Puget Sound Energy Water Service will be provided by the City of Renton Sanitary Sewer will be provided by the City of Renton Telephone Service will be provided by QWest Page 16 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-I.DI.doc Y , C. SIGNATURE The above answers ar- true and complete to the best of my knowledge. I understand that the lea'agenc 's relying on them to,make its decision. / I �P Signature: ,.,�/I Ai JI Greg A. Diener,P.E., Pacific Engineering Design, LLC. Date Submitted: December 16,2003 Page 17 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.Dl.doc • D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (Do not use this sheet for project actions). Non-project actions are those that do not include a specific project. A non-project action may be a rezone, annexation, or amendments to ordinances. For nonproject actions, the references in the checklist to the words "project," "applicant," . and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. 'Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal that would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed Comprehensive Plan designation and zoning are very similar in intensity of allowed use to the existing Comprehensive Plan designations and zoning already applicable to the site. Development under the proposed designation and zoning will not lead to significantly increased discharge to water, emissions to air or production of noise as compared to development that could occur under the current Comprehensive Plan designations and zoning. Uses permitted under the proposed categories will not produce, store or release toxic or hazardous substances. Proposed measures to avoid or reduce such increases are: None proposed since the proposed. Comprehensive Plan Amendment and Rezone will ultimately result in uses of similar intensity to uses previously allowed by the City for the subject property under the existing site's City of Renton Comprehensive Plan designation or under the site's existing King County R-4 zoning. 2. How would the proposal be likely to affect plants, animals,fish, or marine life? The proposed Comprehensive Plan designation and zoning would not be anticipated to affect plants, animals,fish or marine life to any different degree than,the existing Comprehensive Plan designations and zoning Proposed measures to protect or conserve plants, animals, fish, or marine life are: Page 18 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-I.D1.doc When development of the site ultimately occurs pursuant to the proposed zoning, erosion control and water quality/stormwater detention/retention facilities will be required per City regulations. 3. How would the be likelyto deplete energy or natural resources? proposal Future development of the site pursuant to the proposed zoning will have approximately the same impact on energy and natural resources as allowed under the current Comprehensive Plan designation and zoning category. Proposed measures to protect or conserve energy and natural resources are: None required beyond adherence to City energy codes. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? . The proposal will not affect such areas at all because the proposed Comprehensive Plan designation and zoning are very similar in intensity of allowed use to the existing Comprehensive Plan designations and zoning already applicable to the site. The same development setback from both (a) the off-site Category 3 wetland (to the northwest of the site) and (b) the existing intermitted stream (along the west edge of the site) would apply under the City's current Comprehensive Plan designation or under the proposed designation. Proposed measures to protect such resources or to avoid or reduce impacts are: N/A. (See prior paragraph.) 5. How would the proposal be likely, to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed Comprehensive Plan designation and zoning is identical to the existing Comprehensive Plan designation and zoning of the properties lying to the west of the subject property. No significant affect upon land and shoreline use is anticipated by the proposed Comprehensive Plan designation and zoning. Proposed measures to avoid or reduce shoreline and land use impacts are: Adherence to City of Renton development regulations. Page 19 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OLK14A\ENV-CHECKLIST-1.D1.doc r 6. Row would the proposal be likely to increase demands on transportation or public services and utilities? Demands on transportation and public services and utilities.from future development in accordance with the proposed Comprehensive Plan designation and zoning would be similar in intensity to such demands stemming from development of the subject property under the City of Renton's existing Comprehensive Plan designation and zoning. An approximately 20 percent increase in demand for these services under the proposal would result in comparison to the demand that might be anticipated under the City's existing Comprehensive Plan designation. Proposed measures to reduce or respond to such demand(s) are: City of Renton park traffic and fire service impact fees are proportional to the number of residential lots subdivided on a site. 7. Identify, if possible,whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal is not anticipated to conflict with local, state or federal laws or requirements for the protection of the environment. Page 20 C:\Documents and Settings\gdiener\Local Settings\Temporary Internet Files\OL.K14A\ENV-CHECKLIST-1.D1.doc . s TY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 12-16-2002 Land Use Actions • RECEIPT Permit#: LUA02-144 Payment Made: 12/16/2002 03:54 PM Receipt Number: R0207249 Total Payment: 3,000.00 Payee: LIBERTY RIDGE LLC Current Payment Made to the Following Items: Trans Account Code Description Amount0 5010 000.345.81.00.0007 Environmental Review 500.00 5017 000.345.81.00.0014 Rezone 2,000.00 5036 000.345.81.00.0005 Comprehensive Plan Amend 500.00 Payments made for this receipt Trans Method Description Amount Payment Check #5311 3,000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Special Permit Fees .00 5022 000.345.81.00.0019 Variance Fees .00 5023 0 .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604.237.00.00.0000 Special Deposits .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 __TY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 12-16-2002 1 Land Use Actions RECEIPTlc Permit#: LUA02-144 Payment Made: 12/16/2002 03:56 PM Receipt Number: R0207251 Total Payment: 28.86 Payee: HALINEN LAW OFFICES Current Payment Made to the Following Items: Trans Account Code Description Amount 5955 000.05.519.90.42.1 Postage 28.86 Payments made for this receipt Trans Method Description Amount Payment Check #8304 28.86 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Special Permit Fees .00 5022 000.345.81.00.0019 Variance Fees .00 5023 0 .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604 .237.00.00.0000 Special Deposits .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 Remaining Balance Due: $0.00