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HomeMy WebLinkAboutReport 1CQ o 40 rn ab , Q , t Oz 1 a via 1 sug -laic "HWO TFIF 0; mob A P W 1 AV as"; q Q WIT maw 1 WW�hw 011, it SO'S I-- - 1 -91111 APti , STS Ifil �,T is' list! AT REW Vlawak Ey, tilt ho T agl JIM Why pily" rl_ NIT "'Wwwwr a I coast PAT MHz my TOO its. W!, qJyj Us"; WHOM T!VugttL I , 2 111 MCA% WNWAy libgrall M Son � TIPHUH WO - _ Aaloe: PIK 0941 ry g P pig, 1:1 !j AM A Lz, L - Zvi IN!; Tic oil 1 1 11; 1 1HIS I rn P "tilt P M "fit! Hill i So E its, Q ZN, 0 a opgotEnt 0 ST Aw g Sh A . . .1101 a 1 :Q gut "A".. 8��, - �, _, �! n t SHE K I M, Zoo, 10 1 US ills 1 q Nt syp USA I oI 64 SENT We is D M5 a TO TO "Ail 0; WIT :1 WOR i 1 M jg Th any 1A q . 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I W t. /r)ia d Hab38 / 3'lbOJlNN3}I ov 91,01 r 401 '46 noE) ^ d113 (,o) d1 -1s -! e .1 k iJ UOPIA!i i 3ui�fuJ'i� oluad to Apo NO1N3 I s- z-�ez/13 7 9-tZ-6ZZxlh PARTIES OF RECORD GUSTINE SHORT PLAT LUA10-038, SHPL-A, ECF James P. Brennan 18225 SE 244th Place Covington, WA 98042 tel: (206) 714-313 eml: jbren54676@comcast.net (applicant / contact) Marilee Karnofski, Mary T. Brennan, Cynthia McMahon, Gerald Brennan, Mary E. Brennan 3401 Lake Washington Blvd N Renton, WA 98056 tel: (206) 714-3133 (owner) Updated: 07/01/10 (Page 1 of 1) Denis Law nnay6r City af.' it '� !J ,. � Department of Community and Economic Development C.E."Chip" Vincent, Administrator f O}T OF PENTON May 21, 2013 MAY 2-9 201 EcrzwEo CIT Y CLERK'S OFFICE TO WHbm IT MAY. CONCERN: Subject: New Plats and Short Plats in the City of Renton Please see attached new plats, short plats and multi -building developments that have recently been addressed. Some of these have been recorded and lam supplying a list on. new parcel numbers with the -new addresses. if the plat is not recorded (NR), I am only giving you_ the plat map with the new potential addresses written on it: This packet includes plats sarting with letters.G — L..More .to come later! Please add these addresses to yourCitydirectories and maps.. Gustine Short Plat Windsor Circle/Harmony Grove Plat Highland. Estates Short Plat Highland Estates Div 2 Hillcrest Village BSP Honybrook CircIe/Ravenna (NR) Honey Creek East Plat Hoquiam Court Short Plat Lassen Short Plat (NR) LaFortuna Development Laurelhurst III Plat Sincerely, . Jan Conklin Energy Plans Examiner Development Services Division Telephone: 48-430-7276 #1:platadd { i Renton City Hall 2055 South Grady Way Renton,W-ashington9&057 • rentonwa.gov r q rp a 1 20� P Q v p C VVV t vu Prof. R .4=, rqs s<��§ cPRgad€ "ON a9� o JJOEjg6tl F' e x 9 1C gb x ?b pL ^rc 51N �y a9 q rp a 1 20� P Q v p C VVV t vu Prof. R .4=, rqs s<��§ cPRgad€ "ON a9� o JJOEjg6tl F' e x 9 1C gb x ?b pL ^rc 51N q rp a 1 20� P Q v p C VVV t vu Prof. R .4=, rqs s<��§ cPRgad€ "ON a9� o JJOEjg6tl F' e x 9 1C CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 18, 2010 To: City Clerks Office From: Stacy M 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: Gustine Short Plat LUA (file) Number: LUA-10-038, ECF, SHPL-A Cross -References: AKA's: Project Manager: Rocale Timmons Acceptance Date: July 1, 2010 Applicant: James P. Brennan Owner: Marilee Karnofski, Mary T. Brennan, Cynthia McMahon, Gerald } Brennan, Mary E, Brennan Contact: Same as applicant PID Number: 3124059074, 3124059075, 3124059076 ERC Approval Date: July 19, 2010 ERC Appeal Date: August 6, 2010 Administrative Approval: July 21, 2010 r Appeal Period Ends: August 6, 2010 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: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single family residences all proposed to be retained, resulting in a density of 6.84 du/ac. Location: 3401, 3405, 3411 Lake Washington Blvd N Comments: Denis Law C1 Mayor i , August 18, 2010 Department of Community and Economic Development Alex Pietsch,Admin.istrator James P. Brennan 18225 SE 244th Place Covington, WA 98042 SUBJECT: Gustine Short Plat LUA10-038, ECF, SHPL-A Dear Mr. Brennan: This letter is to inform you that the appeal period ended August 6, 2010 for the Environmental (SEPA) Review and Administrative Short Plat approval. No appeals were filed, therefore, this decision is final and you may proceed with the next step of the short plat process. The enclosed handout, titled "Submittal Requirements — Short Plat Recording," provides detailed information for this process. The advisory notes and conditions listed in the City of Renton Report & Decision dated July 19, 2010 must be satisfied before the short plat can be recorded. In addition, comments received from the Property Services Department in'regard to the final short plat submittal are being forwarded for your consideration. These comments will guide you in the preparation of the Short Plat for recording. If you have any questions regarding the report and -decision issued.for this short plat proposal, please call me at (425) 430-7219. For questions regarding the recording process for the short plat, as well as for submitting revised plans, you may contact Carrie Olson at (425) 430-7235. Sincerely, Roc a Timmons Associate Planner Enclosure(s)- Submittal Requirements — Short Plat Recording Property services Comments cc: Marilee Karnofski, Mary T. Brennan, Cynthia McMahon, Gerald Brennan, Mary E. Brennan / Owner(s) Renton City Hall • 1055 South Grady Way 9 Renton, Washington 98057..0 rentonwa.gov r_ , NOTICE OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE (DNS] POSTED TO NOTIFY INTERESrEO PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Guydne Short Pah PROJELT NUMBER: LUAI"18, BCF, 3HPL-A SOLATION: 3401.3405, 3411 Lake Washingtm BIW N DFSOIIPTION: me appliv t h proposing to mbdMde an eSdrting parcel into 3 Iota whidn cd+oins 3 d bnr dope FhmRy reAd-- all proposed to ba reeai L res Wng In a deity of fix dv7ar_ me Proposed lass would range In she from 9,317 wuare Feet nP to 111,936 1q—het The 39,718 squan foot pros ot inti,loed wimLn the RerldM tial -810.$1 Fe.111 M un ile per deign ion. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE IERC) HAS DETERMINED THAT 7Hf PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE ;MPAL f ON THE ENVIRONMENT, APPea6 of the emdno—cal determination inlet he filed in writing on or before 3:00 pm. on August 6, 701M Appeab most be fi'd in w ffing together with the required fee with; Hearing Examiner, City of Renton, 1053 South Grady Way, Renton, WA 98457. Appeals to the E—Iner are govemed by City of Renton A4rmioip21 Code Section 44-110.0.. Additional infomaton regard"nrg the appeal Process may be obtained from the Renton Ory CIWVS Office, (415) 4311-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTTFIED. 21 iu•-ice` S _'�I�'a,. � r�rl FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 431}7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please Iltclude the project NUMBER when calling for proper file idenfi$caHon. CERTIFICATION hereby certify that �� copies of the above document were posted in 3 conspicuous places or nearby the described property on Date: 7LZ— Signed: ' STATE OF WAS H I N GTO N ) SS COUNTY OF KING ) certify that I know or have satisfactory evidence that -�" 0 r.,�A L-., ry. ne;' 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 N 2 o so Z r r rrf Rti� i� fTl ltllt SllAVil t�� '{v`" Notary Public in a d for the State of Washington Notary (Print):r�- y appointment expires: r CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 21st day of July, 2010, 1 deposited in the malls of the United States, a sealed envelope containing ERC Determination/Short Plat Decision documents. This information was sent to: Name Representing Agencies See Attached James P. Brennan Applicant/Contact The Brennan Family Owners (signature of Sender): STATE OF WASHINGTON S+ �.'* i 1 Ss COUNTY OF KING OF'�•"` I certify that I know or have satisfactory evidence that Stacy M. Tucker 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: Notary PubKc in and for the State of Washington Notary (Print): G!: My appointment expires: Project Name: Gustine Short Plat Project Number:' LUA10-038, ECF, SHPL-A template - affidavit of service by mailing AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology * WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015 — 1720d Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WS DOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015172 nd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp_ of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Sox 48343 PO Box C-3755 201 S. Jackson ST, M5 KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr_ Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn; SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template - affidavit of service by mailing c4 Uf "i 14 Y 1 i OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE (DNS) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Gustine Short Palt PROJECT NUMBER: LUA10-038, ECF, SHPL-A LOCATION: 3401, 3405, 3411 Lake Washington Blvd N DESCRIPTION: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. THE CITY OF RFNTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5.00 p.m. on August 6, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.8. 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 WILL BE SET AND ALL PARTIES NOTIFIED. :. _. .l-3 a L FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. Denis Law City O Mayor r O 1 1� Department of Community and Economic Development Alex Pietsch, Administrator July 21, 2.010 James P. Brennan 18225 SE 244th Place Covington, WA 98042 SUBJECT: ENVIRONMENTAL THRESHOLD (SEPA) DETERMINATION Gustine Short Plat, LUA10-038, ECF, SHPL-A Dear Mr. Brennan: This letter is written on behalf of the Environmental Review Committee (ERC) and is to inform you that they have completed their review of the environmental impacts of the. above -referenced project. The Committee, on July 19, 2010, decided that your project will be issued a Determination of Non -Significance. Please see the enclosed ERC Report and Administrative Short'Plat Decision for more details. 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 of the. environmental determination must be filed in writing on or before 5:00 p.m. on August 6, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110.13. 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. Renton City Hall • 1055 South Grady Way • Renton, Washington 98057. 0 rentonwa.gov James P. Brennan Page 2 of 2 July 21, 2010 If you have any questions or desire clarification of the above, please call me at (425) 430-7219. For the Environmental Review Committee, Ro le Timmons Associate Planner Enclosure cc: Brennan Family/ Owner . Denis Law City 01IF Mayor k +w� July 21, 2010 Department of Community and Economic Development Alex Pietsch, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review.Committee (ERC) on July 19, 2010: DETERMINATION OF NON -SIGNIFICANCE PROJECT NAME: Gustine Short Palt PROJECT NUMBER: LUA10-038, ECF, SHPL-A LOCATION: 3401, 3405, 3411 Lake Washington Blvd N DESCRIPTION: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot . project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on August 6, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057.. Appeals to.the Examiner are governed by City of Renton Municipal Code Section 4-8- 110,B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7219. For the Environmental Review Committee, Roca Timmo Ass ciate Planner Renton City Hall • 1055 South Grady Way 0 Renton, Washington 98057 • rentonwa.gov Washington State Departmen cology Page 2 of 2 July 21, 2010 Enclosure cc. King County Wastewater Treatment Division Ramin Pazooki, WSDOT, NW Region Boyd Powers, Department of Natural Resources Larry Fisher, WDFW Karen Walter, Fisheries; Muckleshoot Indian Tribe Duwamish Tribal Office Melissa Calvert, Muckleshoot Cultural Resources Program US Army Corp. of Engineers Gretchen Kaehler, Office of Archaeology & Historic Preservation DEPARTMENT OF COMMUNITY dCity of i"u\ 1� . AND ECONOMIC DEVELOPMENT �_- DETERMINATION OF NON -SIGNIFICANCE (DNS) APPLICATION NUMBER APPLICANT: PROJECT NAME: ADVISORY NOTES & CONDITIONS LUA10-038, ECF, SHPL-A James P. Brennan Gustine Short Plat DESCRIPTION OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Burlington Northern/Santa Fe Railroad and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. LOCATION OF PROPOSAL: 3401, 3405, 3411 Lake Washington Blvd N LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division Advisory (Votes 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. Plannln&. The applicant is required to apply for Short Plat Recording once the conditions of approval are complied with.. Water: 1. No additional water improvements are required. Sewer. 1. No additional sewer improvements are required. Surface Water: 1. No additional surface water improvements are required. Transportation: 1. No street improvements are required. ERC Advisory Notes Page 1 of 2 Fire: 1. None. CONDITIONS: The applicant shall be required to shift the shared property line between Lots 2 and 3, in order to comply with the minimum 5 -foot side yard setback for each existing single family residence. A revised short plat plan small be submitted to and approved by the Current Planning Project Manager prior to short plat recording. 2. The applicant shall submit a revised short plat plan depicting at least a 20 -foot wide access easement to be recorded across Lots 2 and 3 for the benefit of Lots 1 and 2. The revised short plat plan shall be submitted to and approved by the Current Planning Project Manager prior to short plat recording. ERC Advisory Notes Page 2 of 2 City of c DEPARTMENT OF COMMUNITY toll AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE (DNS) APPLICATION NUMBER: APPLICANT: PROJECT NAME: LUA10-038, ECF, SHPL-A James P. Brennan Gustine Short Plat DESCRIPTION OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Burlington Northern/Santa Fe Railroad and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. LOCATION OF PROPOSAL: 3401, 3405, 3411 Lake Washington Blvd N LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development 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. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on August 6, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110.6. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-5510. PUBLICATION DATE: DATE OF DECISION: July 23, 2010 July 19, 2010 SIGNATURES: A A 1AA L4 7/11( Greg er a minis rator to Mar Peterson, dministrator Date Public or s epartment Fire & Emer ervices kw, , A, --q q�(, Terry Higashiyama, Administrator Date Alex Netsch, Admin trator Date Community Services Department Department of Community & Economic Development DEPARTMENT OF COMMUNITY C`f"r AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE MEETING AGENDA TO: Gregg Zimmerman, Public Works Administrator Terry Higashiyama, Community Services Administrator Mark Peterson, Fire & Emergency Services Administrator Alex Pietsch, CED Administrator FROM: Jennifer Henning, Current Planning Manager MEETING DATE: Monday, July 19, 2010 TIME: 3:00 p.m. LOCATION: Sixth Floor Conference Room #620 THE FOLLOWING IS A CONSENT AGENDA Gustine Short Plat (Timmons) LUA10-038, ECP, SHPL-A Location: 3401, 3405, 3411 Lake Washington Blvd. Description: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R- 8) dwelling units per acre zoning designation. The property is situated between Burlington Northern/Santa Fe Railroad and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. Lake Washington Blvd Storm Improvements (Dolbee) LUA10-041, ECF, SM Location: Lake Washington Blvd N right-of-way fronting 4350 Lake Washington Blvd N. Description: The applicant is requesting SEPA Environmental Review and a Shoreline Substantial Development Permit for the installation of curb/gutter and portions of a sidewalk, a new storm system, and a water line extension within Lake Washington Blvd N to meet the infrastructure needs for future development in the vicinity of the 1-405 Exit 7 area. The project is primarily located within the existing right-of-way of Lake Washington Blvd N adjacent to 4350 Lake Washington Blvd N. However, a small portion for the proposal would extend onto private property located at 4350 Lake Washington Blvd N. The proposed curb and gutter would extend on the east side of Lake Washington Blvd N from Ripley Lane N approximately 600 feet south; and curb, gutter and sidewalk will continue south on the east side of Lake ENVIRONMENTAL REVIEW COMM MEETING AGENDA PAGE 2 OF 2 JULY 15, 2010 Washington Blvd N to connect to the existing bridge over May Creek. The new storm system would consist of approximately 810 lineal feet of 24 -inch storm pipe with a catch -basin collection system and the new water line extension would consist of about 1,450 feet of 12 -inch water line in Lake Washington Blvd N from NE 40th St to NE 44th St. The project also includes a wet bioswale, approximately 140 lineal feet. The applicant has provided stream and wetland studies, a traffic study, a geotechnical report, and a hydrologic analysis with their application. cc: D. Law, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, CED Director 0 W. Flora, Deputy Chief/Fire Marshal Richard Perteet, Deputy PW Administrator - Transportation C. Vincent, CED Planning Director 0 N. Watts, Development Services Director L. Warren, City Attorney F. Kaufman, Nearing Examiner D. Pargas, Assistant Fire Marshal J. Medzegian, Council DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT AND ADMINISTRATIVE SHORT PLAT REPORT & DECISION ERC MEETING DATE: July 19, 2010 Project Name: Gustine Short Plat Owner: Brennan Family; 3401 Lake Washington Blvd; Renton, WA 98056 Applicant/Contact: lames P. Brennan; 18225 SE 244th Place; Covington, WA 98042 File Number: LUA10-038, ECF, SHPL-A Project Manager: Rocale Timmons, Associate Planner Project Summary: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Burlington Northern/Santa Fe Railroad tracks and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. Project Location: 3401, 3405, 3411 Lake Washington Blvd Site Area: 39,718 SF STAFF Staff Recommends approval of the proposed Short Plat and further recommends RECOMMENDATION: the Environmental Review Committee issue a Determination of Non -Significance (DNS). Project Location Map Short Plat and ERC Report z.doc City of Renton Department of Community & —onomic Development Environmental Review Committee & Administrative Short Plat Report GUSTINE SHORT PLAT LUA10-038, SHPL-A, ECF Report of July 19, 2010 Page 2 of 8 PART ONE: PROJECT DESCRIPTION / GENERAL INFORMATION A. Exhibits Exhibit 1: Zoning and Neighborhood Detail Map Exhibit 2: Short Plat Plan Exhibit 3: Aerial Photo of Project Site B. General Information 1. Owner(s) of Record: 2. Zoning Designation: 3. Comprehensive Plan Land Use Designation: Brennan Family 3401 Lake Washington Blvd Renton, WA 98056 Residential -8 du/ac (R-8) Residential Single Family (RSF) 4. Existing Site Use: Single Family Residential 5. Neighborhood Characteristics: North: Vacant (R-8 Zone) East: Single Family Residential (R-8 Zone) South: Single Family Residential (R-8 Zone) West. Lake Washington 6. Access: Via an access easement extended from Lake Washington Blvd 7. Site Area: 39,718 SF C. Historical/Background Action Description Land Use File No. Ordinance No. Date Comprehensive Plan N/A N/A 4924 12/5/2001 Zoning N/A N/A 5099 11/1/2004 Annexation N/A N/A 1791 9/9/1959 Brennan Dock Single Family Dock for 3405 LUA10-011 N/A 5/11/2010 Lake Washington Blvd Brennan Dock and Single Family Dock and LUA09-136 N/A 12/30/2009 Boatlift Boatlift for 3411 Lake Washington Blvd Brennan Residence Shoreline and Setback LUA07-069 N/A 9/6/2007 Variance for a Single Family Variance Residence Brennan Bulkhead Bulkhead Repair LUA99-166 N/A 1/28/2000 Repair D. Project Narrative The applicant is proposing to subdivide a 0.912 -acre (39,718 SF) parcel zoned Residential -8 (R-8) du/ac into three lots. The property is situated between Burlington Northern/Santa Fe Railroad and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. The site contains three existing single- ERC/Short Plat Report City of Renton Deportment of Community & Erxnomic Development Enviroomentol Review Committee & Administrative Short Plot Report GUSTlNE SNORT PLAT LUA10-038, SHPL-A, ECF Report of July 19, 2010 _ Page 3 of 8 family residences which are proposed to retained; one single family residence would be located on each of the three proposed lots. The properties surrounding the subject site contain single-family residences or are vacant. All properties are designated R-8 on the City's zoning map with the exception of Lake Washington which is to the west of the property. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. After subtracting approximately 17,955 square feet from the property's gross square footage, which is covered by Lake Washington along with another 2,653 square feet for the proposed access easement, the net lot area of the site would be 0.439 acres (19,110 square feet). The proposal for three lots on 0.439 acres arrives at a net density of 6.84 dwelling units per acre. The table below reflects the size, width and depth of the proposed lots. Additionally are the setbacks (at their closest points) and lot coverage percentages of the existing residences are included. The proposed lots are oriented in such a way that their front yards would face east towards the Burlington Northern/Santa Fe Railroad. As Proposed Lot 1 Lot 2 Lot 3 Lot Sire 8,517 SF 101266 SF Net: 9,315 SF 20,935 SF Net: 19,233 SF Width 83.58 ft 89.04 ft 165.52 ft Depth 96.51 ft 103.98 ft 112.12 ft Front Yard Setback 0 ft 24 ft 25 ft Side Yard Setback 10 ft O ft 8 ft Rear Yard Setback 26 ft 42 ft 77 ft Lot Coverage 12.9% 9% 2.3% The topography of the subject site is relatively level with slight slopes to the north with the steepest slope at 12 percent. The applicant is not proposing any grading or filling as part of the proposal. The on-site vegetation primarily consists of mowed lawn with a narrow band of cotoneaster along the bulkhead. There are also several big leaf maple, black cottonwood and an occasional snowberry located on site. No trees are planned to be removed or planted as part of the proposed short plat. All lots would gain access via a proposed access easement extended from Lake Washington Blvd which crosses over the Burlington !Northern/Santa Fe Railroad. It is unclear how wide the access easement is proposed to be. According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat would not result in any additional students to the local schools as there are already three existing homes located on site. E. Public Services 1. Utilities a. Water: There is existing water service to each proposed lot. b. Sewer: There is existing side sewer to each proposed lot. c. Surface/Storm Water: There is no storm water conveyance system provided. 2. Streets: There is street access to each home via a private road. 3. Fire Protection: City of Renton Fire Department ERCIShort Plot Report PARTTWO: ENVIRONMENTAL.,,, JIEW In compliance with RCW 43.210.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Determination Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS with a 14 -day Appeal Period. B. Mitigation Measures 1. None C. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Water a. Wetland, Streams, Lakes Impacts: The project site is located adjacent to Lake Washington, a Shoreline of the State. The applicant is not proposing grading, filling or any type of construction as part of the proposed short plat_ There would not be any impacts to Lake Washington as a result of the proposed short plat. Mitigation Measures: No Mitigation Needed Nexus: Not Applicable D. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." Copies of all Review Comments are contained in the Official File and may be attached to this report. PART THREE: ADMINISTRATIVE SHORT PLAT REVIEW This decision on the administrative land use action is made concurrently with the environmental determination. A. Staff Review Comments Representatives from various City departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the appropriate recommendations have been incorporated into this report. B. Consistency with Short Plat Review Criteria Approval of a plot is based upon several factors. As demonstrated in the table below and the narrative above the proposal is consistent with all short plat criteria if all conditions of approval are met. SHORT PLAT REVIEW CRITERIA: 1. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Project Location Map Short Flat and ERC Report 2.doc City of Renton Department of Community & Fronomir Development GUSTiNE SHORT PLAT Report of July 19, 2010 Environmental Reuiew Committee & Administrative Short Plat Report LUA10-038, SHPL-A, ECF Page 5 of 8 The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. Lands in the RSF designation are intended for use as quality residential detached development organized into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to enhance and improve the quality of single-family living environments. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Policy LU -147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per acre in Residential Single Family Neighborhoods. Policy LU -148. A minimum lot size of 5,000 square feet should be allowed on in -fill parcels of less than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500 +� square feet on parcels greater than one acre to create an incentive for aggregation of land. The minimum lot size is not intended to set the standard for density in the designation, but to provide. flexibility in subdivision/plat design and facilitate development within the allowed density range. Policy LU -152. Single-family lot size, lot width, setbacks, and impervious surface should be sufficient to allow private open space, landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. Policy LU -154. Interpret development standards to support new plats and infiil project designs ✓ incorporating street locations, lot configurations, and building envelopes that address privacy and quality of life for existing residents. 2. COMPLIANCE WiTH THE UNDERLYING ZONING DESIGNATION: The subject site is designated Residential -8 du/ac (R-8) on the City of Renton Zoning Map. Density: The allowed density range in the R -S zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre. ✓ Number of Dwelling Units Per Lot: The maximum number of dwelling units allowed per lot is 1 dwelling with 1 accessory dwelling unit. Lot Dimensions: The minimum lot size permitted in the R-8 is 4,500 square feet for lots greater than 1 acre in size and 5,000 square feet for lots 1 acre or less in size. A minimum lot width of 50 feet for interior lots and 60 feet for corner lots, as well as a minimum lot depth of 65 feet, is also required. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines Setbacks: The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for an attached garage; interior side yard is 5 feet; side yard along a street is 15 feet for the primary structure and 20 feet for an attached garage; and the rear yard is 20 feet. Staff Comment: As demonstrated in the table above, the existing building on Lot 1 does not comply with the minimum front yard setback_ However, the situation is existing and the recording of the short plat would not increase the non -conformity of the structure. The structure would be allowed to remain without alteration. The existing single family structure on Lot 2 is located approximately 4 Not Compliant feet, at the closest point, from the southern property line shared with Lot 3. While the situation is existing the recording of the short plat would increase the non -conformity of the structure on Lot 2. There appears to be adequate width to shift the lot line .I foot to the south in order to comply with the side yard setback of 5 ft. Therefore, staff recommends, as a condition of approval the applicant would be required to shift the shared property line between Lots 2 and 3, in order to comply with the minimum 5 -foo t side yard setback for each existing single family residence. A revised short plat plan shall be submitted to and approved by the Current Planning Project Manager prior to short plat recording. Building Standards: Building height is restricted to 30 feet and 2 -stories. Detached accessory N/A structures must remain below a height of 15 feet and one-story. The allowed building lot coverage for lots over 5,000 SF in size in the R-8 zone is 35 percent or 2,500 SF, whichever is greater. The allowed impervious surface coverage is 75 percent. N/A Parking: Each unit is required to accommodate off street parking for a minimum of two vehicles. 3. DESIGN STANDARDS: Lot Configuration: One of the Following is required: 1. Lot width variation of 10 feet minimum of one per four abutting street fronting lots, or +� 2. Minimum of four lot sizes (minimum of 400 gross square feet size difference), or 3. A front yard setback variation of at least five feet minimum for at least every four abutting street fronting lots. ERC/Short Plat Report City of Ren ton Department of Community & Fronomic Development Environmental Review Commfttee & Administrative Short Plot Report GUSTINE SHORT PLAT LUA10-_038, SHPL-A, ECF Report of July 19, 2010 T T Page 6 of 8 C. Findings Having reviewed the written record in the matter, the City now enters the following: 1. Request: The Applicant has requested Administrative Short Plat Approval and Environmental Review for Gustine Short Plat, LUA 10-038, SHPL-A, ECF. 2. Environmental Review: The City's Environmental Review Committee (ERC) has reviewed the proposal and issued a Determination of Non -Significance (DNS). 3. Shoreline Substantial Development Permit: The project is exempt from the Shoreline Master Program Regulations as there is no development proposed on the project site. 4. Application: The applicant's Site Plat application complies with the requirements for information necessary for short plat review. The applicant's plans are attached to this report. 5. Comprehensive Plan: The subject site is designated Residential Single Family (RSF). 6. Zoning: The site is zoned Residential - 8 (R-8). 7. Subdivision Regulations: The proposal is subject to the requirements established by the City's Subdivision Regulations provided. ERC/Short Plat Report Open Space: Provide residents with a livable community, private and public open space shall be N/A provided. Public open spaces shall be located so that a hierarchy and/or variety of open spaces throughout the neighborhood is created. N/A _ Residential Design: A variety of housing architectural styles have been provided and enhanced by attention to selection of exterior materials, colors, and architectural detailing. 4. COMMUNITY ASSETS: ✓ Tree Retention: Thirty percent of the trees shall be retained in a residential development. Landscaping: Ten feet of on-site landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways. Not Compliant Staff Comment: As all improvements, including landscaping exists on site and are not planned to be modified a conceptual landscape plan and analysis was waived_ 5. COMPLIANCE WITH SUBDIVISION REGULATIONS: Access: Each lot must have access to a public street or road_ Access may be by private access easement street per the requirements of the street standards. Staff Comment: The proposed short plat plan does not clearly define the required 20 foot wide access Not Compliant easement that would cross Lots 2 and 3. Therefore staff recommends, as a condition of approval, the applicant submit a revised short plat plan depicting at least a 20 foot wide access easement to be recorded across Lots 2 and 3 for the benefit of Lots 1 and 2. The revised short plat plan shall be submitted to and approved by the Current Planning Project Manager prior to short plat recording. N/A Blocks: Blocks shall be deep enough to allow two tiers of lots_ Streets: The proposed street system shall extend and create connections between existing streets per the Street Standards outlined in RMC 4-6-060 Street Standards_ N/A Alleys: access is the preferred street pattern except for properties in the Residential Low Density land use designation. 6. AVAILABILITY AND IMPACT ON PUBLC SERVICES: ✓ Police and Fire: Sufficient resources exist to furnish services to the proposed development. N/A Schools: The Renton School District can accommodate any additional students generated bythis proposal. Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Water and Sanitary Sewer: The sewer and water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards. C. Findings Having reviewed the written record in the matter, the City now enters the following: 1. Request: The Applicant has requested Administrative Short Plat Approval and Environmental Review for Gustine Short Plat, LUA 10-038, SHPL-A, ECF. 2. Environmental Review: The City's Environmental Review Committee (ERC) has reviewed the proposal and issued a Determination of Non -Significance (DNS). 3. Shoreline Substantial Development Permit: The project is exempt from the Shoreline Master Program Regulations as there is no development proposed on the project site. 4. Application: The applicant's Site Plat application complies with the requirements for information necessary for short plat review. The applicant's plans are attached to this report. 5. Comprehensive Plan: The subject site is designated Residential Single Family (RSF). 6. Zoning: The site is zoned Residential - 8 (R-8). 7. Subdivision Regulations: The proposal is subject to the requirements established by the City's Subdivision Regulations provided. ERC/Short Plat Report City of Renton Department of Community & Economic Development €nvironmental Review Committee & Administrative Short Plat Report GUSTINE SHORT PLAT LU_A10-038, SHPL-A, ECF Report of July 19, 2010 Page 7 of 8 S. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Vacant (zoned R-8); East: Residential Single Family (zoned R-8); South: Residential Single Family (zoned R-8); and West: Lake Washington. 9. System Development Charges: Development Charges and a Sewer System Development Charges, at the current applicable rates, will not be required for the existing residences. D. Conclusions 1. The subject site is located in the Residential Single Family (RSF) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential -8 du/ac (R-8) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The City's Environmental Review Committee (ERC) has reviewed the proposal and issued a Determination of Non -Significance (DNS). E. Decision The Gustine Short Plat, File No. LUA10-038, ECF, SHPL-A is approved subject to the following conditions: 1. The applicant shall be required to shift the shared property line between Lots 2 and 3, in order to comply with the minimum 5 -foot side yard setback for each existing single family residence. A revised short plat plan shall be submitted to and approved by the Current Planning Project Manager prior to short plat recording. 2. The applicant shall submit a revised short plat plan depicting at least a 20 -foot wide access easement to be recorded across Lots 2 and 3 for the benefit of Lots 1 and 2. The revised short plat plan shall be submitted to and approved by the Current Planning Project Manager prior to short plat recording. CE. "Chip" Vincent, Planning Director TRANSMITTED this 215` day of July 2010 to the Contact/Applicant/Owner: Contact/Applicant: Owner: James P. Brennan Brennan Family 18225 SE 244th Place 3401 Lake Washington Blvd Renton, Covington, WA 98042 WA 98056 TRANSMITTED this 21s' day of July 2010 to the Parties of Record. None TRANSMITTED this 21" day of July 2010 to the following: Neil Watts, Development Services Director Larry Meckling, Building Official Kayren Kittrick, Development Services Jennifer Henning, Current Planning ERC%Short Plat Report .q I a, � 16 Date City of Renton Department of Community & F-onomic Development Environmental Review Committee & Administrative Short Piat Report GUSTINE SHORT PLAT LUA10-038, SHPL-A, ECF Report of July 19, 2010 Page 8 of 8 Fire Marshal Renton Reporter Land Use Action Appeals, Request for Reconsideration, & Expiration The Environmental Determination and the Administrative Short Plat decisions will become final if the decisions are not appealed within 14 days of the decision date. Environmental Determination_ Appeal: Appeals of the environmental determination must be filed in writing to the Hearing Examiner on or before 5:00 p.m., August 6, 2010. Administrative Site Development Plan Approval Appeal: Appeals of the administrative site development plan review decision must be filed in writing to the Hearing Examiner on or before 5:00 p.m. on August 6, 2010. APPEALS: An appeal of the decision(s) must be filed within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Renton Municipal Code Section 4-8-110.6 governs appeals to the Hearing Examiner. Appeals must be filed in writing together with the $250.00 application fee to Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall - 7th Floor, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that a decision on a short plat be reopened by the Administrator (Decision -maker). The Administrator (Decision -maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision - maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 -day appeal timeframe. EXPIRATION: The Administrative Site Development Plan Review decision will expire two (2) years from the date of decision. A single two (2) year extension may be requested pursuant to RMC 4-9-200L.2. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private ane -on -one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. The applicant is required to apply for Short Plat Recording once the conditions of approval are complied with.. Water: 1. No additional water improvements are required. Sewer. 1. No additional sewer improvements are required. Surface water: 1. No additional surface water improvements are required. Transportation: 1. No street improvements are required. . Fire: 1_ None. ERC/Short Plat Report om B3 - 30 T23N R5E E 112 F. R-$ . s N 5 81 A R-8 P.. -. NYItli9 /- N19dW f R-8 i L.. ;R_8 R-8 • l.... N33rq 91 j.... CN R-8 ! R-8 ...: ... R-8 N 32 Sl > �� .. R-8 R-8 .' -R-B R R f R-8 y "' N31a 61 R.g R-8 i C N som sl -8 x R_8 ... R-8 ...... -8 5 R _ 1, .... N2 SI -8 R-8 EXHIBIT 1 '::�i R-8. . pp R -O ... N 2fth - N YMI Ply R-8. . . ZONING MAP BOOK D3 - 06 T23N R5E E 1/2 PW TECHNICAL SERVICES PRINTED ON 11/13/09 INa dttvmenl'n • ypNf epeseMalgn, rct snN.rh on She bnt �nhrmanm wxIWNYat oISNe Ease town. na o nnne d uINdspayp rw ,.1, () 200 400 Feet f i 1:4,800 C3 31 T24N R5E E 1/2 5431 ZONING MAP BOOK RESIDENTIAL Rc (RC) Resource Conservation R-, (R-1) Residential 1 du/ac -, (R-4) Residential 4 du/ac k a (R-8) Residential 8 du/ac RN.M (RMH) Residential Manufactured Homes F to (R-10) Residential 10 du/ac (R•14) Residential 14 du/ac (RM -F) Residential Multi -Family kM-T (RM -T) Residential Multi -Family Traditional Izv-u (RM -U) Residential Multi -Family Urban Center 1T�s dacumen: i; grwn:� ry e-tnVhnn. �o: �oarsrteea base''` eri lheW:est I1fwcma Ion aw, obleV as Sol IM1e YGaic sM1o�n Th, `rap is or tllsplay p,pases only. MIXED USE CENTERS w [CV)CenterVillage uo-n_ (UC -N 1) Urban Center- North 1 ucIvy (UC -N 2) Urban Center- North 2 ro (CD) Center Downtown COMMERCIAL ,u (COR) Commercial/Office/Residential CA (CA) Commercial Arterial cE (CO) Commercial Office cuJ (CN) Commercial Neighborhood INDIISTRIAI (IL) Industrial - Light it ' (IM) Industrial -Medium n (IH)Industrial - Heavy ----- Renton City Limits — ----- Adjeeent City Limits KROEL 92 93 455 SEC7(IVWN"GE 459 - - B3. I d g 6 2d T24N R4E r 8fi1�1,' 25 T24N A4E ` 94W ' = 30 T24N A5E 9 T24N R5 _� ) 26 T24N FM >� BOA t 27,T24N R5E w 26 T24N 135E I 1 C2"'tJC3; $ iej ;A 464 � _ �,C6 35 T24N A4E' .. 36 T24N R4E 307 31 T24N R5E"' _ 408 RSE X31 _ L-_8 0 35 T24N R5E 01 11� D3 1� ,_- 1�X�•b'4 f23� 1.eSi4E ' :fi.T23N RSE :=' - - T23N ASE �. f r�<. 4 T2DN RSE l- 3;T23N FTSE l 2 T23N R5E �. 319 369 ` - _ _ _806 I_'VE `u E411 7 1. MR4E 325. *T23LV-R4E 1326 iZ3N RSE '• 327` 1111FITI i - �� 3 R5E 5:23N R6Er } 37a -1 i D T23N R5E —, N R5E 1 4 8 ! 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' `- 30 T23N R5E "' -29 T23N'R5E = g8 T -23N R5E : -ilLl 3N R5E - 26 T23N A5E 25 lir r �� 12 6a3 . _ X04 ! 60`3 1 - 825 16 3 E� 4' 36 T23N A4EY 31 T23 R5E .321E3N 6a� -. 608 '� R5E _-'i 60 �h u a _ 33 T23N R = ' -I 34 T23N R5E- ' 35 T23N R5E 36 Tr832, �` 610 i'' l� 833 �.2 Jo R 22N R4E f , 1 T22N RAE ` I 6 T22N RSE_,JF 5 T22N: R5E � 4 T[2NE° 3 T22N R5E �i 2 T22N R5E 1 72 RESIDENTIAL Rc (RC) Resource Conservation R-, (R-1) Residential 1 du/ac -, (R-4) Residential 4 du/ac k a (R-8) Residential 8 du/ac RN.M (RMH) Residential Manufactured Homes F to (R-10) Residential 10 du/ac (R•14) Residential 14 du/ac (RM -F) Residential Multi -Family kM-T (RM -T) Residential Multi -Family Traditional Izv-u (RM -U) Residential Multi -Family Urban Center 1T�s dacumen: i; grwn:� ry e-tnVhnn. �o: �oarsrteea base''` eri lheW:est I1fwcma Ion aw, obleV as Sol IM1e YGaic sM1o�n Th, `rap is or tllsplay p,pases only. 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I. C'4 D �.� 3 N v -� � �: o v o• -� ti v w �0 0 �3•g�c�v�C�b� � o � 7F 'rte WAN cZ . v va °X acs ��o�v' v oE6 �3 �o ✓� -z C: 'a "U C) ate¢01) C3 6 City a on Department of Community & Economic-lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT;—a COMMENTS DUE: JULY 15, 2010 APPLICATION NO: LUA10-038, ECF, SHPL-A DATE CIRCULATED: JULY 1, 2010 APPLICANT: James P. Brennan PLANNER: Rocale Timmons PROJECT TITLE: Gustine Short Plat PLAN REVIEWER: Kayren Kittrick SiTE AREA; 39,718 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3401, 3405, 3411 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single-family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Lake Washington Blvd and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Probable More Minor Major information Impacts impacts Necessary Earth Air Water Plants Land/Shoreiine Use Animals Environmental Health Energyf Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information impacts impacts Necessary Housing Aesthetics Li hVGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet 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 additional informa fign if-nqeded to properly assess this gccWosal. Signature of Director or Authorized Representative Date DEPARTMENT OF COMMUNITY citycf�� AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: December 21, 2010 TO: Bonnie Walton, City Clerk's Office FROM: Carrie K. Olson, Plan Review 0235 SUBJECT: GUSTINE SHORT PLAT LUA10-038-SHPL Attached please find two sets of the above -referenced original mylars and three paper copies of the mylar for recording with King County. The recording instructions in order are as follows: 1. Record the short plat mylars. 2. Request King County to return one of the executed mylars to us for our records. Please have the Courier take these documents via 8 -hour service. A check in the mount of $15.81 made out to Champion Couriers is attached. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000000.007.559.60.49.003. Please call me if you have any questions. Thank you. Cc: Kayren Kittrick (Notice of Recording) Jan Conklin Yellow File i:lplanreviewlcolsonlshortplats 20101gustine shpl 05m clerkrecord new format.doc UNITY ECONOMICn DEVELOPMENT 5�a M E M O R A N D U M DATE: December 21, 2010 TO: Gregg Zimmerman, Public Works Department FROM: Carrie Olson, Plan Review SUBJECT: GUSTINE SHORT PLAT— LUAIO-038-SHPL The Department of Community and Economic Development has reviewed and recommended approval of the Gustine Short Plat. Requirements and conditions have been fulfilled and fees paid. Two original Mylar drawings are attached and are submitted for your review and signature. Please return Mylar to me for recording. Thank you. cc: Yellow File 1U:1PlanReviewlCQLSON\Shortplats 2010%ustine ST]PL 041n ZimSign NewFormat.dm Carrie Olson From: Carrie Olson Sent: Wednesday, December 15, 2010 2:46 PM To: 'jerry_brennan@yahoo.com'; 'ran@eastsideconsultant.com' Cc: Bob MacOnie; Chip Vincent Subject. Request for Gustine Short Plat Mylar LUA10-038-SHPL Attachments: 20101215144404588_pdf Please see the attached request for Mylar above. Ron, please leave the New 20' Private Access Easement note as indicated on Parcel 3 (sheet 2 of 3) but erase the "PER REC. NO. " if you haven't already done so. Thanks Carrie K.Olson Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson(@rentonwa_gov 425-430-7235 Office 425-430-7300 FAX -----Original Message ----- From: pdecopy(@rentonwa.gau rmailto:pdecopy(@rentonwa.gov Sent: Wednesday, December 15, 2010 2:44 PM To: Carrie Olson Subject: This E-mail was sent from "Development5ervices" (Aficio MP 4000). Scan Date: 12.15.2010 14:44:04 (-0800) Queries to: pdecopr�iarentonwa.gov 1 i Denis taw __ City Of Mayor r - - - _ . titer �Z Department of Community and Economic Development December 15, 2010 Alex Pietsch,Administrator Jerry Brennan 18225 SE 244th Place Covington WA 98042 SUBJECT: GUSTINE SHORT PLAT, LUA-10-038-SHPL Dear Mr. Brennan: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. 1. Since the Access Easement Agreement is by and between private property owners, the City is not required to record said separate document with the Gustine Short Plat Mylar. The New Private Easement Note (sheet 1 of 3) on the short plat Mylar is sufficient to the City for recording purposes. However, you may wish to record this separate document for your own requirements. When the above items are completed, you may submit the signed and notarized short plat mylars (one original mylar and one copy (on mylar) of each sheet) along with a check in the amount of $15,81 (current courier fee) made out to Champion Couriers. Should you need to discuss any portion of this letter please contact me at (425) 430-7235. Sincerely, Carrie K. Olson Development Services, Plan Review E-mailed To: Ron Fredrickson: ron@eastsideconsultants.com Cc: City Clerk's File (LUA10-038-SHPL) 1;1P1anReviewlCOLSON1Shortplats 201 MGustine SHPL 03L RequestMylarStop.doc Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Carrie Olson From: Bob MacOnie Sent: Wednesday, December 15, 2010 6:02 AM To: Carrie Olson Cc: Chip Vincent;'rbogdon@eastsideconsultants.com' Subject: RE: Gustine Short Plat Final Review and Recording Good morning Carrie, Yes I think you can ask the surveyor, cc'd here, to remove the Legal Lot language and notary and as long as they have made the other requested changes you can proceed with the recording of the short plat. Bob From: Carrie Olson Sent: Tuesday, December 14, 2010 4:49 PM To: Bob MacOnie Subject: Gustine Short Plat Final Review and Recording Bob, As of this date, we have not received a response from the Port of Seattle regarding its desire to participate in this short plat. Chip Vincent indicated he would like to go ahead and proceed with the recording of this short plat. Shall I request Eastside Consultants, Inc. to remove the Port's signature and notary blocks from the short plat Mylar. I will request a copy of the revised short plat drawings to review. Please indicate your response to proceed with the recording of this short plat for my records. Thanks. CarrKI& K,. 016 Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson*rentonwa.aov 425-430-7235 Office 425-430-7300 FAX ._.__.........� r : i Carrie Olson From: Bob MacOnie Sent: Wednesday, December 15, 2090 7:03 PM To: Sullivan, Sean Cc: Chip Vincent; Carrie Olson Subject: RE: Renton Short Plat The port doesn't want to sign yet they have concerns which I find interesting. Lets proceed as I emailed earlier since apparently nothing has change from our previous conclusion. Bob From: Sullivan, Sean [Sullivan.S@portseattle.org] Sent: Wednesday, December 15, 2010 2:19 PM To: Bob MacOnie Cc: Sullivan, Sean Subject: RE: Renton Short Plat :.. Joe McWilliams received your December 1, 2010 letter last Friday December 10, 2010. Although we have not examined this prospective short plat in any detail, the Port would not object to a short plat granted by the City of Renton in compliance with the law. in this case of the subject Gustine Short Plat, we assume you have verified that the Port does not currently own any part of the short plat, as we do not agree that any portion of any Port property may be included in the short plat. We further request that the tax parcel number for Parcel 3 be segregated from any adjacent parcel that may now be owned by the Port and/or any adjacent parcel owner (e.g., 3124059004). No further short platting or boundary adjustments should be required. (I note the current Parcel 3 tax parcel number 3124059076 appears to have delinquent taxes owing according to the KC on-line tax information.) We request all further notices regarding this short plat be directed to the Port at the Real Estate Division, P.O. Box 1209, Seattle, WA 98111. The Port is not waiving any rights we may have under the law. As the Port is not now, nor has the Port been an owner of the property involved in this short plat, the bort will not be a signatory of the short plat document. We understand that the City has indicated they will proceed with the short plat without the Port's signatures. Thanks, Sean Sullivan From: Bob MacOnie [mai Ito: bmaconie@Rentonwa.gov] Sent: Thursday, December 02, 2010 3:45 PM To: Sullivan, Sean 4 Cc: 'Rob Bogdon'; Chip Vincent Subject: RE: Short plat of previous railroad right of way Sean, Your welcome and I understand and sympathize with your confusion it has taken me several days to find and understand all the machinations leading to the current state of affairs. If BINSF was still the owner of the railroad right of way we would be asking them to be signatories of the short plat; something they have done a couple of times in other such cases within the City of Renton. Unfortunately, they are apparently no longer in title and the Port is; therefore as the owner of the parent parcel, the railroad right of way, of properties at issue and conveyed therefrom without the benefit of a legal subdivision process we are asking that the Port be a signatory. I propose the following amended language be place on the short plat: ESTABLISHMENT OF LEGAL LOT: BY SIGNING HEREON, THE PORT OF SEATTLE MAKES THE CONVEYANCES OF THOSE PORTIONS OF THE FORMER BURLINGTON NORTHERN RAILROAD RIGHT OF WAY UNDER KING COUNTY RECORDING NUMBERS, 1990628001963, 1990628001963, 1990628001963, 1990628001963 AND 20001218000913, PART OF A LEGAL SUBDIVISION PROCESS UNDER THE REVISED CODE OF WASHINGTON (RCW) CHAPTER 58.17 THUS ESTABLISHING LEGAL LOT STATUS FOR THE PROPERTY HEREBY SUBDIVIDED. THIS ACTION IN NO WAY LIMITS THE PORT OF SEATTLE'S PARTICIPATION IN FUTURE SUBDIVISIONS OF ANY OR ALL OF ITS FORMER RAILROAD RIGHT OF WAY PROPERTY UNDER RCW 58.17, INCLUDING THE FIVE YEAR LIMIT ON FURTHER DIVISIONS CONTAINED IN RCW 58.17.060(1). Name Date Title with the appropriate notary. The language now cites all of the relevant original quitclaim conveyances of railroad right of way leading to the applicants of the short plat. At the time I sent the original request I was still researching the chain of title as the title reports provided to the City as required by the City's short plat process didn't include copies or even references to these conveyances, just the legal descriptions shown on the short plat document. Should the port not be amenable to this proposal the City plans to proceed with approval and recording but we are trying to avoid the creation of a precedent which allows a leasehold tenancy to become a means of subdivision; ergo the current two step. Thank you again for your time and efforts in this regard. From: Sullivan, Sean[mailto:Sullivan.S@portseattle.org] Sent: Thursday, December 02, 2010 2:44 PM To: Bob MacOnie Cc: Sullivan, Sean Subject: RE: Short plat of previous railroad right of way Bob, thanks I still don't think I have all the answers I need to make an informed recommendation .... and I still don't quite understand how the Port can opine on or "bring" a series of 10 year old QCDs "into compliance" —when we were not a party and had nothing to do with them (understanding the Port may be an adjoining parcel owner). I hope I am not missing something obvious. -w If the Port should ignore the two QCD documents you previously sent (you did not sena 199807281540 previously, nor do we have a copy of that document) , both of which were specifically called out in the Port's signature block on the proposed subdivision documents.... what is it now, specifically, you want the Port to sign or agree to ? What would be the impact to the adjoining parcel(s) whether the City disregards the Port and files the subdivision (de - facto subdivision) or the Port signs off on it (legal subdivision) .... do we end up in the same place -- could you please explain the differences from the City's perspective ? This is getting pretty messy. Sean Sullivan From: Bob MacOnie [ma i Ito: bmaco nie@Rentonwa.gov] Sent: Thursday, December 02, 2010 10:58 AM To: Sullivan, Sean Cc: Chip Vincent; `Rob Bogdon' Subject: RE: Short plat of previous railroad right of way Sean, Thank you for your response. I will take your questions in reverse order. 7) On July I" the City sent notices to the neighbor's listed in the attached SPO's 10-038.doc. At that time City records indicated the BNSF was the owner of the subject right of way. 6) Beside the current owners of the property being subdivided, the port, as owner of the right of way is the sole adjoiner and therefore the only other party whose rights are at issue in the short plat. 5) At the time I sent the letter I did not have copies of all of the relevant original conveyances from ANT, LLC the successor to BNSF, to Jerry Brennan. I have attached copies of all the original conveyances for the properties at issue together with a copy of the Record of Survey (ROS) used as the legal description basic for the partition the original leasehold. 4) You can now ignore the two deeds sent previously (199807281540 & 19990617000620) although they do show the chain of title from BNSF to ANT for one of the "Parcels." 3) As noted above ANT was the successor of BNSF. I don't know how or from whom the Port received title to the railroad right of way but the properties at issue were once a part of the railroad right of way and the City's concern is that there was never a legal subdivision of the land as required under RCW 58.17 for the creation of legal lots. The Port's participation in the short plat at issue would create a legal rather than a de facto subdivision of property from the right of way. 2) The Port is not being asked to sign off on any of the deeds but to bring the deeds into compliance with the state subdivision statute. 1) The attached document, SPO's 10-038.doc, lists the names and addresses of the persons or entities notified on July 1, 2010. At that time it was BNSF that was, and as a matter of fact still is shown in the King County records as the owner, of the railroad right of way, Thanks again for your time and consideration, Bob From: Sullivan, Sean[mailto:Sullivan.S@portseattle.org] Sent: Wednesday, December 01, 2010 3:11 PM To: Bob MacOnie Cc: Sullivan, Sean Subject: RE: Short plat of previous railroad right of way Thanks Bob, We are waiting for some input from our survey group that was requested by our legal department. Unfortunately the surveyor's wife has had some unexpected complications from a recent surgery. Please confirm a few details; 1) The Port does not own, and as far as you know, never owned any of the real estate that is the subject of the proposed short plat (acknowledging we may have only recently acquired adjacent property) ? 2) The Port is not either grantor or grantee of either of the two 10+ year old QCDs were are being asked to sign off on ? 3) One of the QCDs - from ANT to certain individuals did not involve BN or the Port ? 4) The two 10+ year old QCDs the Port is asked to sign off on have different legal descriptions ? 5) Why is it only this pair of QCDs that the City is concerned about when it appears all the parcels in the proposed short plat were deeded in similar pairs at about the same time ? 6) The effect of the Port signing the plat or not signing the plat has no impact on the resulting property rights for any of the adjacent property holders ? 7) Are there notice requirements to neighboring property owners when a short plat is submitted to the City for approval (or as any part of the process) ? Thanks, Sean Sullivan From: Bob MacOnie [mai Ito: bmaco nie@Rentonwa.g ov] Sent: Wednesday, December 01, 2010 8:47 AM To: Sullivan, Sean Cc: Chip Vincent Subject: Short plat of previous railroad right of way Good morning Sean, As I stated in my previous email, attached hereto, time is of the essence. Since I had not heard from you regarding the City's request and have been unable to get in touch with you, I have prepared and am sending via certified mail the attached letter to Mr. Mc Williams regarding this matter, with a respond by date. This is in no way a reflection on you, just a measure of the City's desire to get the short plat recorded as soon as possible. Bob ROBERT T. MAC ONCE JR- PLS Mapping Coordinator CED/Planning - 6th Floor 1055 S Grady Way Renton, WA 98057 425.430.7369 bmaconie@rentonwa.gov 4 COMMUNITY & ECONOMIC City or DEVELOPMENT M E M O R A N D U M DATE: October 27, 2030 TO: Jan Illian, Plan Review ROUTE T0: Kayren Kittrick, Plan Review FROM: Carrie Olson, Plan Review SUBJECT: Gustine Short Plat, LUA-10-038-SHPL Attached is the most recent version of the above -referenced short plat. If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Attachments included: • Letter of Compliance Access Agreement Easement • Lot Closures • Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Accepted Related Project #s Comments NA d J As-Suilts Cost Data Inventory Bili of Sale G� Easements (Water, Sewer, Utilities, Hydrant, etc_) V Access Easement V Deed of Dedication Square Footage: Restrictive Covenants Maintenance Bond Release Permit Bond Comments: I ,4 Approval: Date: 1<44 Kittrick n Illian 4640 Cc: Yellow File i:\pianreview\colson\sliortplats2010\gustine shill 0 1 m pr-tS revieWstart newformat. doe Denis Law City of: 004t�, Mayor .- • .r -- r 0000*1 Department of Community and Economic Development November 17, 2010 Alex Pietsch,Administrator Jerry Brennan 18225 SE 244 Place s P Covington WA 98042 SUBJECT: GUSTINE SHORT PLAT LUA10-038-SHPL Dear Mr, Brennan: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit 3 copies of the short plat drawings. SNORT PLAT REVIEW COMMENTS: (These items are required to be completed prior to recording of the short plat.) Include in the legend the triangle symbol for the bolt set per Record of Survey in Book 127, Page 155. 1.. Under "SURVEY NOTES" please correct the reference to "Book 127, Page 55" should be Page 155. Please change sheet '1' to sheet'2' and sheet 7 to sheet 'l.' This places all the require approval and certificate blocks on the first page. Remove the approval and certificate blocks from the other pages. Several of the line on this document are labeled as lot lines either 'EXISTING' or 'OLD' when they are actually deed lines and not 'legal lot' boundaries. That is what this document seeks to accomplish. 4. The following Declaration of Covenant language with several typos is noted twice on sheet 2 of 2: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this short plat. 1:1P1anReviewlC0LS0N1.Shortp1ats 20101Gusttine SHPL 02L Change RequestStop.doc Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 0 rentonwa.gov Page 2 November 17, 2010 5. Since the properties at issue were not created as a part of a legal subdivision process the City requires the acknowledgement of the current railroad right of way owner (The Port of Seattle) by signing on this short plat document thus making the parent parcel and the lots created therein `legal lots.' Should you need to discuss any portion of this letter please contact me at (425) 430-7235. Sincerely, . OA)�� 0 Carrie K. Olson Development Services, Plan Review FAX TO: Robert Bogdan, Eastside Consultants, Inc. 425-392-4676 Cc: Yellow File O w LL O I I 9�N "o"3c i tt�� � g^ � � �g g all was ty § a od 018 I Now its pi wqjj-�" 601 Qg ,^`��^(� `.l'1§�y yid° N �¢ �!'a�ti`'�° yyyKKao�3 s u p 7 '�'i gi < '�+ R' < � c3 �i, U �S' �I - 0 r � N S 3 c x p d t 235 r x ES $ x oo WA Fi ! iz$ o �..o 8S .3_ Q� Y o2`E� � C;gyp�'�� " CcQ aaJ��ti k' aaz 6 „ 2��'�4 ( ��;. 0 g am~ � C F ;o $k� n wa€QW1 wQ;g ra wIQ " awv"Tuxz wti too to'ria �`' o�` INSIST-�� -- n ppolk N N -.gogo N ._ �� �ri _s r K � + �, �'E iw iii Q - w �GXx W E ti$ i�`�'i + a..,,. WW. E. E �:, �'8' ��, a2O 2x_ - Kz IC's.. 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F� � LL 33 ff p F a f w, �ffi � O�z�ak�o��k'� s x F i I � o I � e l W> �rN SS 10-0 x F P I 1�A1 a FLL- -O Q- 2z: r- ¢U� to Z N w Z N ~iU COm3 I�Cc I ? cc �_ .. 0 g` ai i �o a q �3e f It' o.. i. � LL p F I f I g` i � a q Iq p F I I � I � e l DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: November 16, 2010 TO: Carrie Olson FROM: Bob Mac Onie, x7369 ' SUBJECT: Gustine Short Plat, LUA-10-038-SHPL Format and Legal Description Review I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: Include in the legend the triangle symbol for the bolt set per Record of Survey in Book 127, Page 155. Udder "SURVEY NOTES" please correct the reference to "Book 127, Page 55" should be Page 155. Please change sheet `l'to sheet 7 and sheet'2'to sheet '1! This places all the require approval and certificate blocks on the first page. Remove the approval and certificate blocks from the other pages. Several of the line on this document are labeled as lot lines either `EXISTING' or `OLD' when they are actually deed lines and not `legal lot' boundaries. That is what this document seeks to accomplish. The following Declaration of Covenant language with several typos is noted twice on sheet 2 of 2: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this short plat. hafile sysUnd -land subdivision & surveying recordsllnd-20 -short plats10559W101116.doc Carrie Olson Page 2 of 2 Date of Memo Since the properties at issue were not created as a part of a legal subdivision process the City requires the acknowledgement of the current railroad right of way owner (The Port of Seattle) by signing on this short plat document thus making the parent parcel and the lots created therein 'legal lots.' ha[ile sysllnd - land subdivision & surveying recordsllnd-20 - short plats105591rv101116.doc Carrie Olson From: Bob MacOnie Sent: Wednesday, November 17, 2010 3:41 PM To: 'sullivan.s@portseattle.org' Cc: 'Rob Bogdon'; Chip Vincent; Carrie Olson; 'RFREDERIKSEN@eastsideconsultants.com' Subject: Short Plat of previous Railroad Right of Way Attachments: Port of Seattle Signature Ltr.pdf; Deed 19990617000620.pdf; Deed20001218000913.pdf; GustineShortPlat(Prelim).pdf Hello Sean, Attached are PDFs of documents and a cover letter that relate to the Gustine Short Plat within the City of Renton. The short plat is still under review and there will be a few, mostly cosmetic, changes to what you are reviewing now. The important aspect of the City's request is the proposed language and signature at the bottom of sheet 3 of 3. All the document attachments herein will follow by US Post. Should the Port agree to our request when we have the finally mylar document ready for signature I will make an appointment and will hand carry and if necessary bring along notary to expedite the signing process. This issue has received the Mayor's attention so I would appreciate your quickest possible response. Thank you for your assistance in this matter. Bob RoB RT T. MAC ONIE Jig., PLS Mapping Coordinator CED/Planning - 6th Floor 1055 5 Grady Way Renton, WA 98057 425.430.7369 bmaconie (Trertonwa,.goy city *4 } Denis Law ....... Cit of Mayor Y_.. Department of Community and Economic Development November 17, 2010 Alex Pietsch, Administrator Sean Sullivan, Real Estate Manager Port of Seattle PO Box 1209 Seattle, WA' 98111 RE: Gustine Short Plat (LUA 10-038-SHPL) - A subdivision of parcels from the -former Burlington Northern Railroad. Right of Way Dear Mr. Sullivan: Thank you for returning my call of this A.M. As discussed, the City of Renton has concerns with respect to those portions of the former Burlington Northern right of way conveyed by Burlington Northern. and Santa Fe Railway Companyand its successor ANT, LLC to others without benefit of a formal subdiv.islon process pursuant to the Revised Code of Washington, Chapter 58.17. The majority of these conveyances were forformer leaseholds but as in this case, not -always, specifically the conveyance under King County: recording number 200012180009.13. In order to rectify this situation, the {city of Renton is requesting that the Port of Seattle be a signatory of the subject shortplat thus providing for a formal subdivision of the railroad right of way and the parcels at issue. I propose that the following language related to.the "Establishment of Legal. Lot" be included on the face of.the short plat together with a signature line and a corporate form notary block, see page 3 of 3, of the attached short plat document: Should this meet.the Port's approval, please provide the full name and title of the designated signatory for inclusion on the final document. . Besides the short plat document,'l-have included copies of the two conveyances.. If you require any other information or have any questions, please -give me a call at (425) 430-7369. Sincerely, -_L \� Robert T. Mac Onie, Jr. PLS Mapping Coordinator .cc: Chip.Vincent, Planning Director Robert Bogdon, PLS Eastside Consultants Enc: Copy of the proposed Gustine Short Plat (18" x 24") 3 Pages Copies of Deeds (2) RTM:js . Renton City Hall 4 1055 South Grady way • Renton,washington 98057 • rentonwa.gov 17 M$! 3 d�yas w WI a to �o a�h 7= V 4 W� h� Of Qq can aWpool H -11 11 n A� � `~ sany ae 3 4 i "wYS iriiids] Ci��ly;to j K" � w Yh � � an �� fah ' � �� � €�ae � as x <$:41 as Y a :z € aid R'i � nx�02�e� � Yra.{�gy#y � "i .°d'� ��r'� � �•`{ �✓rV ZY $ "'�+Yi.�aS. oil y �•�i rhp7 ��$444 ry�G ���Q�n®� i. O�lyip [h�� � � 4r �Z�`�u v} J�rc p.. A -1 CW NyGYo Y ry H zh„ v �h -� mn on t 'WhAi via t 801 _ Vit[ zI. a���n lit ���i�' 3S �''�t S g ���s .s�=��[r� Cs�a Z 4h a IP5 4 =�i`�'.`Y t n Ov goo. I oil PP� ' = � M H A ' a ASIA wr as a"�� ^yi��appy y�$�g SPIQ !Q Fi t IS UC ca�Ths m IM AMA ZIEpS! �yWja� IN -0 glu ON IM" lot fig -g �n6t� a� 3n AS an} hew..:, dims UwAywz Nor 0. 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If ;; ,:-: } Sent: Wednesday, November 17, 2010 12:37 PM To:'rbogdon@eastsideconsultants.com' Cc: Carrie Olson; Chip Vincent Subject: Proposed Short Plat Language Attachments: RV101116.pdf Hello Rob, L, r rr}} 5 Here is the language I cooked up for the Port of Seattle; please let me know what you think: ESTABLISHMENT OF LEGAL LOT: By signing hereon, the Port of Seattle makes the conveyances of those portions of the former Burlington Northern railroad right of way under King County recording numbers, 20001218000913 and 1990617000620, part of a legal subdivision process under the Revised Code of Washington (RCW) Chapter 58.17 thus establishing legal lot status for the property hereby subdivided. This action in no way limits the Port of Seattle's participation in future subdivisions of any or all of its former railroad right of way property under RCW 58.17, including the five year limit on further divisions contained in 58.17.060(1). As discussed I will be making a paste up of your short plat to include the final version of the above together with signature lines and appropriate notary block for transmittal to the Port of Seattle forth eir review. Attached is a PDF file of my review memo. The last paragraph on the memo is what I hope to resolve with the above language. have not yet received an email from you. Thank you, Bob FWw.6", � � .5.,...? R ., a FL,"S' Mapping Coordinator CED/Planning - 6th Floor 1055 S Grady Way Renton, WA 95057 425.430.7369 bmaconie{a rentonwa.gov i, r A "4 ��• n T Gustine Short Plat C k� /10. Two items were noted in the short plat as needed correction 1. Dimension from side yard setback was noted as less than 5', non compliant. Dwg now inputs dimension and exceeds 5'-0, thus compliant. 2. 20' easement documents included to extinguish and enlarge 15' existing easement. Noted can be filed concurrently with recording signatures. Drawings and all other documentation shows compliance to decision. ENTIRE PARCEL Select figure: Figure Name: FIGURE Course: N 70-40-47 W Distance: 96.51 Course: S 24-57-59 W Distance: 86.94 Course: S 24-57-59 W Distance: 95.77 Course: S 24-57-59 W Distance: 113.97 Course: S 24-57-59 W Distance: 51.65 Course: S 59-28-15 E Distance: 120.53 Arc Length: 78.83 Radius: 1557.21 Course: N 72-18-10 W Distance: 5.04 Arc Length: 113.47 Radius: 1552.21 Arc Length: 6.04 Radius: 1552.21 Course: N 20-05-21 E Distance: 89.04 Course: N 20-05-21 E Distance: 83.58 Perimeter: 941.37 Delta: -2-54-01 Delta: -4-11-18 Delta: -0-13-22 Area: 39717.83 0.91 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.003 Course: N 37-49-54 E Precision 1:288185.48 LOT 1 Select figure: Figure Name: FIGURE Course: N 70-40-47 W Distance: 96.51 Course: S 24-57-59 W Distance: 86.94 Course: S 72-18-10 E Distance: 103.98 Course: N 20-05-21 E Distance: 83.58 Perimeter: 371.01 Area: 8516.51 0.20 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.004 Course: S 80-26-17 E Precision 1: 100839.61 LOT 2 Select figure: Figure Name: FIGURE Course: N 72-18-10 W Distance: 103.98 Course: S 24-57-59 W Distance: 95.77 Course: S 72-18-10 E Distance: 112.12 Arc Length: 6.04 Radius: 1552.21 Delta: -0-13-22 Course: N 20-05-21 E Distance: 89.04 Perimeter: 406.95 Area: 10265.50 0.24 acres Mapeheek Closure - (Uses listed courses & COGO Units) Error of Closure: 0.009 Course: N 05-06-49 E Precision 1:47868.97 LOT 3 Select figure: Figure Name: FIGURE Course: N 72-18-10 W Distance: 112.12 Course: S 24-57-59 W Distance: 113.97 Course: S 24-57-59 W Distance: 51.65 Course: S 59-28-15 E Distance: 120.53 Are Length: 78.83 Radius: 1557.21 Delta: -2-54-01 Course: N 72-18-10 W Distance: 5.04 Arc Length: 113.47 Radius: 1552.21 Delta: -4-11-18 Perimeter: 595.61 Area: 20935.82 0.48 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.006 Course: S 24-17-58 W Precision l: 102881.97 Gustine Short Plat ACCESS AGREEMENT -EASEMENT September S, 2010 This ACCESS EASEMENT is entered into this Sth day of September, 2010 by and between the Grantor, Marilee Karnofski, James P. Brennan, Mary T. Brennan, Cynthia McMahon, Gerald F. Brennan, co-owners of 3401 Lake Washington Boulevard North, Renton, Wa. ("Landowner") and Grantee, Gerald F. Brennan and Mary P. Brennan, 3405 Lake Washington Boulevard North. (Easement Holder) RECITALS A. The Landowner's are the sole owner of certain real estate in the City of Renton, Kiang County State of Washington, which is legally described in Exhibit A, Access Agreement Legal Description and incorporated herein by this reference (the "Landowner's Property"). GRANT OF ACCESS EASEMENT In consideration of the facts recited above, the Landowner and Easement Holder agree as follows: 1. Grant of Easement. The Landowner hereby grants and conveys to the Easement Holder a perpetual, nonexclusive, rent-free, twenty -foot wide easement (the "Access Easement") for ingress and egress to the 3405 Lake Washington Boulevard North and 14' Easement From 3405 to 3411 Lake Washington Boulevard North, over and through that portion of the Landowner's Property described in Exhibit A, which is incorporated herein by this reference (the "Easement" Property). The location of the Easement Property is shown on the Access Easement Map on Exhibit B_ 2. Use of Access Easement. The purpose of the Access Easement is to provide year-round pedestrian and vehicular access to and from the property to the BNRR easement and continuing to Lake Washington Boulevard North. Nothing in this Access Easement is intended to prohibit use of the Access Easement by the Landowner, provided such use does not interfere with the use of the Access Easement by the Easement Holder. 3. Improvements. The Landowner and Easement Holder shall have the right, but not the obligation, to construct, at its sole expense, improvements upon the Easement Property to make the Easement Property suitable for vehicular and pedestrian use. Any improvement shall be in compliance with the current city standards. The Landowner shall not be obligated to install any of these improvements. 4. Maintenance. The Easement Holder shall be responsible for maintaining the Easement Property to the extent necessary for the uses described in this Access Easement. Private Access and Land Improvement Maintenance Agreement: New private exclusive easement for ingress and egress is to be created upon the sale of lots shown on this short plat. The owners of lots shall have an equal and undivided interest in the ownership and responsibility for maintenance of the private access easement appurtenances/land improvements. These appurtenances and maintenance responsibilities include the repair and maintenance of the private access road, drainage pipes, and storm water quality and/or detention facilities within this easement, private signage, and other infrastructure not owned by the City of Renton. Maintenance costs shall be shared equally. Parking on the paving in the access easement is prohibited, unless pavement width is greater than 20'. Gustine Short Plat Access Agreement 5. Damage to Easement Property. The Landowner and Easement Holder shall be responsible for any damage they may cause to the Easement Property. The party responsible for such damage shall promptly make all needed repairs, restoring the Easement Property to its condition prior to the damage. 6. Obstructions to Use of the Easement Property. Neither the Landowner, Easement Holder nor any person permitted to use the Easement Property under the terms of this Access Easement may utilize the Easement Property in a way that interferes with its use by any other person permitted to use it. Any obstructions or impediments to the use of the Easement Property may be removed, with reasonable notice, by the Landowner or Easement Holder and the cost of such removal shall be borne by the party causing or responsible for such obstruction. 7. Enforcement of Agreement & Indemnity The Landowner and Easement Holder shall have the right to legally enforce this Access Easement and the covenants, conditions and restrictions set forth herein, by whatever action or actions are legally available, including, without limitation, enjoining any violation or threatened violation hereof. Easement Holder agrees to indemnify the Grantor from and against any liability incurred as a result of the Easement Holders negligence, but nothing herein shall require the Easement Holder to indemnify the Grantor for that portion of any such liability attributable to Grantor or any other party. 8. Amendment. This Access agreement cancels and supersedes all previously recorded access easements, specifically King County Recording # 19990628001967 and 19990628001967 recorded June 28, 1999 This Access Easement may not be modified, amended or terminated except by execution and recording of a written instrument signed by both the Landowner and Easement Holder. 9. Successors. All of the terms, covenants, conditions, and obligations set forth in this Access Easement shall inure to the benefit of and bind the Landowner and Easement Holder, and their respective personal representatives, heirs, successors, transferees and assigns, and shall continue as a servitude running in perpetuity with the Landowner's Property. 9.A Declaration of Covenant: The owner of land embraced within this short plat, in return for the benefits to accrue from this subdivision, by signing hereon covenants and agrees to convey the beneficial interest in the new easements shown on this short plat to any and all future purchasers of the lots, or of any subdivision thereof. The covenant shall run with the land as shown on this short plat. 9. B Private Access and Utilities Maintenance Agreement: New private exclusive easement for ingress and egress is to be created upon the sale of lots shown on this short plat. The owners of lots shall have an equal and undivided interest in the ownership and responsibility for maintenance of the private access easement appurtenances/land improvements. These appurtenances and maintenance responsibilities include the repair and maintenance of the private access road, drainage pipes, and storm water quality and/or detention facilities within this easement, private signage, and other infrastructure not owned by the City of Renton. Maintenance costs shall be shared equally. Parking on the paving in the access easement is prohibited, unless pavement width is greater than 20. 10. Severability. If any provision or specific application of this Access Easement is found to be invalid by a court of competent jurisdiction, the remaining provisions or specific applications of this Access Easement shall remain valid and binding. 11. Governing Law. This Access Easement shall be governed by and construed under the laws of the State of Washington. Gustine Short Plat Access Agreement 2 Gustine Shortplat ACCESS LEGAL DESCRIPTION: Exhibit A Commencing at the Southwest corner of Section 31; thence North 01'48'16" East, 2455.27 feet; thence North 88'l 1'44" West, 44.34 feet to a brass disk in the centerline of Lake Washington Boulevard; thence South 20°04'48" West, along said centerline of Lake Washington Boulevard, 405.39 feet to a brass disk and the point of curve to the right; thence along said curve to the right, having a radius of 1602.25 feet, through a central angle of 04°26'44", an arc length of 124.32 feet; thence North 72°18'09" West, 69.72 feet to a point on a curve, the radius which bears North 65°29'58" West 1552.21 feet, thence Northerly along said curve to the left through a central angle of 01'42'22", an arc length of 46.22 feet to the True Point of Beginning of said easement, thence Northerly along said curve to the left through a central angle of 02'42'18", an are length of 73.28 feet; thence North 20°05'21" East, 89.04 feet; thence North 72°I8' 10" West, 10.01 feet; thence South 20°0521" West, 88.62 feet to a point on a curve, having a radius of 1542.21 feet, through a central angle of O'l4'24", an arc length of 6.46 feet; thence North 72'l 8 * 10" West, 10.01 feet to a point on a curve, the radius which bears North 69'39'14" West 1532.21 feet, thence Southerly along said curve to the right through a central angle of 02°26'53", an arc length of 65.46 feet; thence South 67°12'21" East, 20.00 feet to the True Point of Beginning and terminus of said easement. Grantor (Land Owner) Signatures Marilee Kamofski Date STATE OF WASHINGTON ) ss. COUNTY OF 1 certify that I know or have satisfactory evidence that Marilee Karnotski is the person who appeared before me; and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: (Signature of Notary Public) [SEAL] (Printed Name of Notary Public) My Appointment expires James P Brennan STATE OF WASHINGTON ) ss. COUNTY OF I certify that I know or have satisfactory evidence that James P Brennan is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that heishe was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: [SEAL] (Signature of Notary Public) (Printed Name of Notary Public) Gustine Short Plat Access Agreement 3 Mary T. Brennan STATE OF WASHINGTON COUNTY OF My Appointment expires ) ss. I certify that I know or have satisfactory evidence that Mary T. Brennan is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: (Signature of Notary Public) [SEAL] (Printed Name of Notary Public) My Appointment expires Cynthia McMahon STATE OF WASHINGTON } ss. COUNTY OF } certify that I know or have satisfactory evidence that Cyntial McMahon is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that hoshc was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. (Signature of Notary Public) Dated: [SEAL] (Printed Name of Notary Public) My Appointment expires Gerald F Brennan, Landowner STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that 1 know or have satisfactory evidence that James P Brennan is the person who appeared before me, and said person acknowledged that he, -she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. (Signature of Notary Public) Dated: [SEAL] (Printed Name of Notary Public) My Appointment expires Gustine Short Plat Access Agreement 4 Gerald F Brennan, Easement Holder STATE OF WASHINGTON ) COUNTY OF } I certify that I know or have satisfactory evidence that lames P Brennan is the person who appeared before rne, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. (Signature of Notary Public) Datcd: [SEAL] (Printed Name of Notary Public) My Appointment expires Mary P Brennan. Easement Holder STATE. OF WASHINGTON ) ss. COUNTY OF I certif}, that I know or have satisfactory evidence that Marilee Karnofski is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: (Signature of Notary Public) [SEAL] (Printed Name of Notary Public) My Appointment expires Gustine Short Plat Access Agreement 5 'Issued by andAmerica Transnation P�OENOrF RN OCT 2 6 2010 RECEIVED 14450 N.E. 29th PI., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0545 Transnation Title Insurance Company COUMTMENT FOR TITLE INSURANCE Transnation Title insurance Company, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to Issue its policy or policies of title Insurance, as Identified in Schedule A, In favor of the proposed Insured named In Schedule A, as owner or mortgagee of the estate or interest covered hereby In the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been Inserted In Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and Is subject to the Conditions and Stipulations_ This Commitment Is preliminary to the Issuance of such policy or policies of title Insurance and all liability and obligations hereunder shall cease and terminate 160 days after the effective date hereof or when the policy or policies committed for shall Issue, whichever first occurs, provided that the failure to Issue such policy or policies is not the fault of the Company. NOTE., THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Attest: OXE� Secretary Transnation Title Insurance Company liE I NfeV �*'��A' �AcO�rowt�+ .`• For. i i. NN i 8y ,. � President 4 Olzoo COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security Instrument. Z. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown In Schedule B hereof, and shall fall to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously Incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown In Schedule B, or (c) to acquire or create the estate or Interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ,nitment Cover - WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Amr 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; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land; (Ili) 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 effect 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, Ilen 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, (lens, 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 (except to the extent that this policy insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material or to the extent Insurance is afforded herein as to assessments for street Improvements under construction or completed at 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 insured mortgage. 4. Unenforceability of the lien of the Insured mortgage because of the Inability or failure of the Insured at Date of Policy, or the inablllty or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state In which the land is situated. 5. Invalidity or unenforceabllity of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and Is based upon usury or any consumer credit protection or truth -In -lending law. 6. Any statutory lien for servieeSr labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an Improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and is not financed In whole or In part by proceeds of the Indebtedness secured by the Insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is based on: (a) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine or equitable subordination; or (c) the transaction creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (li) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costar attorneys' fees 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 (1) the occupancy, use or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation In ownership or a change In the dimensions or area of the land or arty 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 lass or damage to the Insured dalmant; (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: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) 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: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover - WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FArMILY RESIDENCE (10-22-03) In addition to the Exceptions In Schedule 13, You are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) improvements on the Land (e) Land division (f) environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears In the Public Records at the Polity Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes. This Exclusion does not apply to violations of building codes If notice of the violation appears In the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless' (a) a notice of exercising the right appears In the Public Records at the Policy Date, or (b) the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear In the Public records; (b) that are Known to You at the Policy Date, but not to Us, unless they appeared in the Public Records at the Policy Date; (c) that result In no loss to You; or (d) that first occur after the Policy Date — this does not limit the coverage described In Covered Risk 7, $.d, 22, 23, 24 or 25. S. Failure to pay value for Your Title. 6. Lack of a right: (a) to any Land outside the area specifically described and referred to In paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described In Covered Risk 11 or 18. CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning iaws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (IH) 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 effect 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 defeetr 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 Polley which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but 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 foss or damage to the insured claimant; (d) attaching of 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 insured mortgage or for the estate or Interest Insured by this policy. 4, Unenforceabiiity of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -In -lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest Insured by this policy or the transaction creating the Interest of the Insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. Commitment Cover - WA (Revised 4/03) SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY - STANDARD COVERAGE r AND CLTA STANDARD COVERAGE LOAN POLICY I. 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 tarred survey of the land would disclose, and which are not shown by the public records. S. 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)r (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. B. 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. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY - EXTENDED COVERAGE 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. Underground easements, servitudes or installations which are not disdosed by the public records. 3, (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Ads authorizing the Issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; Orr (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. 4. 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. 5. 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. SCHEDULE 8 EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10-17-92) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) No general exceptions appear in these policy fors. Commitment Cover - WA (Revised 4/03) Order No.: RR - 20239785 L1LandAmerica Transnation SE_ CON Q COMMITMENT FOR TITLE INSURANCE SCHEDULE A 14450 N.E. 291h PI., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0545 1. Effective Date: October 27, 2006 at 8:00 a.m. Commitment No.: RR - 20239785 2. - Policy or Policies to be issued: Owners Policy 10-17-92 General Schedule Rate (vacant land) Proposed Insured: 3erry Brennan Amount: TO COME Premium: $ 0.00 Tax: $ 0.00 Total: $ 0.00 ALTA Loan Policy - 1992 - Simultaneous Issue Proposed Insured: To Be Determined Amount: TO COME Premium: $ 0.00 - Tax: $ 0.00 Total: $ 0.00 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ]erry Brennan, also appearing of record as Gerald F. Brennan and Mary E. Brennan, husband and wife 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Transnation Title Insurance Company B Authorized Si n ture Preliminary Commitment Page 1 EXHIBIT "A" PARCEL A: Order No. RR - 20239785 ALL THAT CERTAIN PARCEL 1 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, LYING IN GOVERNMENT LOT 3 OF SECTION 31 IN TOWNSHIP 24 NORTH OF RANGE 5 EAST W.M., KING COUNTY, FURTHER DESCRIBED FOR REFERENCE AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01048'16" EAST 2455.27 FEET; THENCE NORTH 88011'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20004'48" WEST, ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04°2644" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72018'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE; THENCE NORTH 24057'59" EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 209.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 24057'59" EAST, ALONG SAID SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE, A DISTANCE OF 86.94 FEET; THENCE SOUTH 70040'47" EAST 96.51 FEET TO A POINT 25.0 FEET NORTHWESTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTH 20605'21" WEST, PARALLEL WITH SAID MAIN TRACK CENTERLINE, 83.58 FEET; THENCE NORTH 72018'09" WEST 103.98 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL. B: LOTS 13 THROUGH 16 IN BLOCK "A" OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY; TOGETHER WITH SECOND CLASS SHORE LANDS AS CONVEYED BY THE STATE OF WASHINGTON SITUATE IN FRONT OF, ADJACENT TO OR ABUTTING THEREON; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Oraer No. RR - 20239783 SCHEDULF- B REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Standard exceptions set forth on the Commitment Cover. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: • A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; • A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE. 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.: 3124059074 YEAR BILLED PAID BALANCE 2006 $4,144.50 $4,144.50 $0 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0. LEVY CODE: 2100 ASSESSED VALUE LAND: $346,000 ASSESSED VALUE IMPROVEMENTS: $0 (AFFECTS PARCEL A) 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.: 3342103635 YEAR BILLED PAID BALANCE 2006 $30.70 $30.70 $0 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: 0. LEVY CODE: 2100 ASSESSED VALUE LAND: $1,600 ASSESSED VALUE IMPROVEMENTS: $0 (AFFECTS PARCEL B) Page 3 Order No. RR - 20239785 SCHEDULE B — continued 4. RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER - RECORDDNG NO. 388916, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS-OF-WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. AFFECTS SHORELANDS SLOPES AND RESERVATION TO PURCHASE TIDELANDS FROM STATE OF WASHINGTON IMPOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 287093. 6. REVERSIONARY RIGHTS OF LAKE WASHINGTON LAND CO. IMPOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 292817. 7. EXCEPTIONS AND RESERVATIONS IMPOSED BY INSTRUMENT RECORDED ON JUNE 17, 1999, UNDER RECORDING NO. 19990617000620. 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: JERRY BRENNAN, MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T. BRENNAN PURPOSE: CONSTRUCT, MAINTAIN, AND REPLACE AN ACCESS ROADWAY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 28, 1999 RECORDING NO.: 19990628001966 9. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 28, 1999 RECORDING NO.: 19990628001967 AND 19990628001968 REGARDING: CONSTRUCT AND MAINTAIN AN ACCESS ROADWAY 10. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SURVEY RECORDED UNDER RECORDING NO. 9712129001. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9901299008. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. Page 4 Order No. RR - 20239785 SCHEDULE B - continued 12. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9904129002. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 13. RIGHT OF THE UNITED STATES AND THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF LAKE WASHINGTON. 14. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND _ FISHERIES. 15. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 16, LOCATION OF THE LATERAL BOUNDARIES OF SECOND CLASS TIDELANDS AND SHORELANDS. 17. POSSIBLE REVERSIONARY RIGHTS OF PRESENT OR PREVIOUS OWNERS AND/OR RIGHTS OF ADJOINING PROPERTY OWNERS, DEPENDANT UPON THE INTENT AND/OR PURPOSE OF THE INSTRUMENT UNDER WHICH TITLE TO THE RIGHTS HEREIN DESCRIBED WERE CONVEYED. 18, ANY UNRECORDED PERMITS, LICENSES, EASEMENTS AND AGREEMENTS ENTERED INTO BY BURLINGTON NORTHERN RAILWAY COMPANY OR ITS PREDECESSORS IN INTEREST, PERTAINING TO THE USE OF THE RIGHT-OF-WAY BY OTHER PARTIES FOR WATER, SEWER AND ELECTRIC LINES, PRIVATE AND PUBLIC ROADS AND RAILROAD CROSSINGS. 19, RE CHARACTERIZATION, OR CLAIM THEREOF, OF THE NATURE OF THE ESTATE OR INTEREST IN THE LAND HEREIN INSURED AS THE RESULT OF ANY ALLEGED AMBIGUITY IN THE CONVEYANCE LANGUAGE CONTAINED IN DEED RECORDED UNDER RECORDING NO'S. 83395, 166694, 287093 AND 292817. 20. MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. NOTE 1: THE COMPANY HAS BEEN ASKED TO ISSUE SIMULTANEOUS POLICIES WITHOUT DISCLOSURE OF THE LIABILITY AMOUNTS. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNTS OF THE OWNER'S AND LENDER'S POLICIES COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE FORTHCOMING OWNER'S POLICY MUST BE ISSUED IN AN AMOUNT AT LEAST EQUAL TO THE FULL VALUE OF THE ESTATE INSURED IN ACCORDANCE WITH OUR RATING SCHEDULE ON FILE IN THE OFFICE OF THE WASHINGTON STATE INSURANCE COMMISSIONER. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 2: TITLE WILL BE VESTED IN PARTIES YET TO BE DISCLOSED. WHEN TITLE IS VESTED, THEIR TITLE WILL BE SUBJECT TO MATTERS OF RECORD AGAINST THEIR NAMES. Page 5 Order No. RR - 20239785 SCHEDULE B - continued NOTE 3: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT "TRANSNATION TITLE INSURANCE COMPANY" MAY -ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 4: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. GOV LOT 3 31 -24N -S E AND LOTS 13-16, BLK A, HILLMANS LK WA GARDEN OF EDEN #1 NOTE 5: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 46 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: TRANSNATION TITLE INSURANCE COMPANY 1501 - 4TH AVENUE, SUITE 308 SEATTLE, WA 98101 ATTN: RECORDING DEPT. NOTE 6: IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. Page 6 Order No. RR - 20239785 SCHEDULE B -- continued (END OF EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA 2003 Homeowner's Policy, the ALTA 1992 Lender's Policy, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. ADK/amh/rlr Enclosures: Sketch Vesting Deed Paragraphs all recorded encumbrances Page 7 THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION_ IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH,UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY_ REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 31 TOWNSHIP: 24N RANGE: 05E Issued by J 14450 N.E. 29"i PI., #200 LalndAmerica Bellevue, WA 48007 Phone: 425-451-7301 ransnation 800-441-7701 Fax: 425-646-0545 Transnation Title Insurance Gpmpa2X COMMITMENT FOR TITLE INSURANCE Transnation Title Insurance Company, an Arizona corporation, herein tailed the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified In Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the Identity of the proposed Insured and the amount of the policy or pollcies committed for have been inserted In Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and is subject to the Conditions and Stipulations. This Commitment is preliminary to the issuance of such policy or policies of title Insurance and all liability and obligations hereunder shall cease and terminate 180 days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. NOTE., THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Transnation Title Insurance Company Mt tivcoero��rrs s Attest: ' i3y: Secretary srrl. u, 1111 ��President OlIoo COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition or Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Commitment Cover - WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy Form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. r AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) The following matters are expressly excluded From the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees 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; (€) 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 effect 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 dalmant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant 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 (except to the extent that this polity insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at 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 insured mortgage. 4. Unenforceabilitv of the lien of the insured mortaaae becaysg of the inabillty or failurr, of tlP.ios-u'Pd atDArr-ofppbcu-nc thP.lq�hilitv.r+c.failurp ni aau..vuhsPongnt_n.�eio�cnf_ the Indebtednessr to comply with applicable doing business laws of the state In which the land Is situated_ 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and is not financed in whole or In part by proceeds of the Indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or is obligated to advance_ 7. Any claim, which apses out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; Or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure; (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or Igen creditor, AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees 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; (G) the character, dimensions or location of any improvement now or hereafter erected an the land; (ill) 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, Gens, 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: (a) the transaction creating the estate or interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) 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: (i) to timely record the instrument of transfer; or (€i) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover - WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE (Continued) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (10-22-03) In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from; 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) improvements on the Land (e) Land division (f) environmental protection This Exclusion does not apply to violations or the enforcement of these matters IF notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning It, unless: (a) a notice of exercising the right appears in the Public Records at the Policy Date; or (b) the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks; (a) that are created, allowed, or agreed to by You, whether of not they appear in the Public records; (b) that are Known to You at the Policy Date, but not to Us, unless they appeared in the Public Records at the Policy Date; (c) that result In no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right; (a) to any Land outside the area specifically described and referred to In paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,,/.,nu�f, +esvr aewssl nr,0.4nFRi e by reason of: (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 (1) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) 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 effect 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. 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. Defects, liens, encumbrances, adverse claims or other matters; (a) whether or not recorded in the public records at Date of Policyr but 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 Insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state In which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth -in -lending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. Commitment Cover - WA (Revised 4/03) SCHEDULE B EXCEF91ONS APPEARING IN ALTA OWNER'S POLICY — STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY L 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 Workman' 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 watery 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 o? 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. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY — EXTENDED COVERAGE t. 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. Underground easements, servitudes or Installations which are not disclosed by the pub0c records. 3. (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 - 4. 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 user occupancy or improvement of the land resulting from the nghts of the public or riparian owners to use any waters which may cover the land or to vt!<ainfpbrUon hi Metidmr wn cnisnu4vw ida�yin ny�ravrue�h cav2kz�, uy cadre . 5. Any service, Installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities un€ess disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10-17-92) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) No general exceptions appear in these policy forms. Commitment Cover - WA (Revised 4/03) .r . i- CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 Order No.: 001305925 PROPERTY ADDRESS: WASHINGTONpI'a Your NO.: BRENNAN SHORT PLAT CnY' o p�� � � 6 zara V JERRY BRENNAN � �;+D 3405 LAKE WASHINGTON BOULEVARD NORTH RENTON, WASHINGTON 98056 ATTN: l/1 Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. '1111_E UNIT 6 TELEPHONE: (206) 628-5610 TO Lt. FREE: (604) 627-0530 FAX: (206) 628-4717 DARYL SAVIDIS SE:NJORTFI'LE OFFICER AND UNIT MANAGER (F -MAIL; DARYL.SAVIDIS@CT f'.COM) DAVID P. CAMPBELL SFNIORTI"F"LE OFFICER (E-MAIL: DAVID.CAMPBELL( CP=COM) KEITH EISENRREY TITLE OFFICER (E-MAIL: KEITH.EISENBREY@CIT.COM) MIKE HARRIS 'ITITE OFFICER (F -MAIL: MICFLAE L.HARRIS@CI`i.COM) C C { G C C C { < G C C C C C C < C < C C C C < C C C G G G { C { {CCC 7 > > 7 » 7 » ] > > > ] > ] > > ] > ] ] > 7 ] > > > 7 ] 7 > > > > > > ] ,r r n f. -TA 511711A l� ;CAGO TITLE INSURANCE COMPA 3400 COLUMIA CBiTSR, 702 578 AVIS 594TTLSI WA 48204 Order No.: 1305925 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of KING County, Washington, and the records of the Cleric of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KING County, to -wit: VESTED IN: EXCEPTIONS: SEE SCHEDULE A (NEXT PAGE) SEE ATTACHED EXHIBIT SEE SCHEDULE B ATTACHED CHARGE: $350.00 TAX: $ 33.2S Records examined to May 2 6, 2 010 at 8:00 A.M. By File Officer (2t)6)628-5610 SHY ATA/1I-5-901EK :CAGO TITLE INSURANCE COMPAI SHORT PLAT CERTIFICATE SCHEDULE A (Continued) r VESTED IN PARCELS A AND B: Order No.: 1305925 GERALD F. BRENNAN, ALSO APPEARING OF RECORD AS JERRY BRENNAN AND MARY E. BRENNAN, HUSBAND AND WIFE PARCELS C AND D: JERRY F. BRENNAN, WHO ALSO APPEARS OF RECORD AS GERALD FRANCES BRENNAIT AND MARY E. BRENNAN, HUSBAND AND WIFE; GERALD KARNOFSKI AND MARILEE E. KARNOFSKI, HUSBAND AND WIFE; CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T. BRENNAN, EACH AS THEIR RESPECTIVE SEPARATE ESTATES, ALL AS THEIR INTERESTS APPEAR OF RECORD, AND MARILEE KARNOFSKI, PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST OF A SPOUSE OR DOMESTIC PARTNER, IF MARRIED OR A MEMBER OF A DOMESTIC PARTNERSHIP ON FEBRUARY 22, 2008 AND OCTOBER 2, 2009, THE DATES OF ACQUIRING TITLE, AS TO ADDITIONAL INTERESTS IN IMPROVEMENTS LOCATED ON PARCEL C CHIC:A60 "1TI1.E INSURANCE COMPANY CAGO TITLE INSURANCE COMPA' SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL A: Order No.: 1305925 ALL THAT CERTAIN PARCEL 1 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY 13RENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155 UNDER RECORDING NUMBER 9901299008, LYING IN GOVERNMENT LOT 3 OF SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, W -M., IN KING COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01048`16" EAST 2455.27 FEET; THENCE NORTH 88011'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20004'48" WEST ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04026'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 7201.8'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE; THENCE NORTH 24057'59" EAST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 209.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 24057'59" EAST, ALONG SAID SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE A DISTANCE OF 86.94 FEET; THENCE SOUTH 70°40'47" EAST 96.51 FEET TO A POINT 25.0 FEET NORTHWESTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTH 20005'21" WEST, PARALLEL WITH SAID MAIN 'TRACK CENTERLINE, 83.58 FEET; THENCE NORTH 72018'09" WEST 103.98 FEET TO THE TRUE POINT OF BEGINNING - PARCEL B: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155 UNDER RECORDING NUMBER 9901299006, LYING IN GOVERNMENT LOT 3 OF SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01046'16" EAST 2455.27 FEET,- THENCE EET;THENCE NORTH 88011'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LACE WASHINGTON BOULEVARD; THENCE SOUTH 20004'46" WEST ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04026'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72018'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SEE NEXT PAGE C:111C AGO `1T11.1; INSURNNCF, COMPANY C 'kGO TITLE INSURANCE COMPANY Policy No.: 001305925 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A $ (Continued) LEGAL DESCRIPTION MOUNTAIN VIEW AVENUE; THENCE NORTH 24057'59" EAST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 113.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 24057'59" EAST, ALONG SAID SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE A DISTANCE OF 95.77 FEET; THENCE SOUTH 72018'09" EAST 103.98 FEET TO A POINT 25.0 FEET NORTHWESTERLY, AS MEASURED AT RIGHT ANGLES FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTH 20005'21" WEST, PARALLEL WITH SAID MAIN TRACK CENTERLINE A DISTANCE OF 89.04 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY, ALONG A LINE CONCENTRIC WITH AND 25.0 NORTHWESTERLY, AS MEASURED RADIALLY FROM SAID MAIN TRACK CENTERLINE AND ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1552.21 FEET, THROUGH A CENTRAL ANGLE OF 00°13'2311, AND AN ARC DISTANCE OF 6.04 FEET; THENCE NORTH 72018'09" WEST 112.12 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: ALL THAT CERTAIN PARCEL 3 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155 UNDER RECORDING NUMBER 9901299008, LYING IN GOVERNMENT LOT 3 OF SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01048'16" EAST 2455.27 FEET; THENCE NORTH 8807.1'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20004'48" WEST ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04026'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72°18'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE AND THE TRUE POINT OF BEGINNING; THENCE NORTH 24057'59" EAST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 113.97 FEET; THENCE SOUTH 72018'09" EAST 112.12 FEET TO A POINT 25.0 FEET NORTHWESTERLY, AS MEASURED RADIALLY, FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTHWESTERLY, ALONG A LINE CONCENTRIC WITH SAID MAIN TRACK CENTERLINE AND ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1552.21 FEET, THROUGH A CENTRAL ANGLE OF 04011'18" AND AN ARC DISTANCE OF 113.46 FEET; THENCE NORTH 72018'09" WEST 117.23 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D: ALL THAT CERTAIN PARCEL AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN QUIT CLAIM DEED RECORDED UNDER RECORDING NUMBER 20001218000913 AND LYING WITHIN GOVERNMENT LOT 3 OF 1.f=GA1,/RDA f D699 C 1GO TITLE INSURANCE COMPANY Policy No.: 001305925 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (continued) LEGAL DESCRIPTION SECTION 3, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, AND FURTHER DESCRIBED FOR REFERENCE AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01048'16" EAST 2455.27 FEET; THENCE NORTH 88011'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20004'48" WEST ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04026'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72018'09" WEST 186.95 FEET TO AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 72018'09" EAST 122.26 FEET TO A POINT 20.0 FEET NORTHWESTERLY, AS MEASURED RADIALLY, FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTHWESTERLY ALONG A LINE CONCENTRIC WITH SAID MAIN TRACK CENTERLINE AND ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1552.21 FEET, THROUGH A CENTRAL ANGLE OF 04011'18" AND AN ARC DISTANCE OF 76.81 FEET; THENCE NORTH 5902$'15" WEST 120.53 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE; THENCE NORTH 24057'59" EAST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 51.65 FEET TO THE TRUE POINT OF BEGINNING. LEGAi_ f RDA10699 CHICAGO TITLE INSURANCE COMPANY Order No.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A, Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C_ Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records, E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT I5 ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS{$1000.04}. SIIPLATB/031694/s CHICAGO'ITtl.E INSURANCE COMPANY ;AGO TITLE INSURANCE COMPA' Order No.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS AV 1. REVERSIONARY RIGHTS, IF ANY, ARISING FROM DEEDS RECORDED UNDER RECORDING NUMBERS 71370, 83395, 287093 AND 292817. x 2. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS B8EN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY; RECORDED UNDER RECORDING NUMBER 388916. I j a L r 3. EXCEPTIONS AND RESERVA'T'IONS CONTAINED IN DEED: FROM: RECORDED: RECORDING NUMBER: TAKE WASHINGTON LAND COMPANY FEBRUARY 3, 1904 287093 4. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000618 AFFECTS: PARCEL B 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY; THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PURPOSE: FIBER OPTIC LINES AND COMMUNICATION LINES AREA AFFECTED: PARCEL H RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617400618 6. EXCEP`T'IONS AND RESERVATIONS CONTAINED IN DEED: FROM: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY CHICA60 "I'H-LP INSURANCE COMPANY [CAGO TITLE INSURANCE COMPA' Order No.: 13 0 5 92 5 SHORT PLAT CERTIFICATE SCHEDULE S (Continued) EXCEPTIONS RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000620 x AFFECTS: PARCEL A p 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PURPOSE: FIBER OPTIC LINES AND COMMUNICATION LINES AREA AFFECTED: PARCEL A RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000620 P S. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000621 0 AFFECTS: PARCEL C it 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PURPOSE: FIBER OPTIC LINES AND COMMUNICATION LINES AREA AFFECTED: PARCEL C RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000621 s 10. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: THE BURLINGTON NORTHERN AND SANTA FE Sil PLYrB3/ Lb 12-90/ EN CHICAGO'I7"ITE INSURANCE COMPANY T or u w x RECORDED: RECORDING NUMBER: AFFECTS: PARCEL, D AGO TITLE INSURANCE COMPAI Order No,: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS RAILWAY COMPANY OCTOBER 30, 2000 20001030000428 11, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PURPOSE: FIBER OPTIC LINES AND COMMUNICATION LINES AREA AFFECTED: PARCEL D RECORDED: OCTOBER 30, 2000 RECORDING NUMBER: 20001030000428 12. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND: JERRY BRENNAN, MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T_ BRENNAN RECORDED: JUNE 28, 1999 RECORDING NUMBER: 19990628001966 13. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T. BRENNAN AND: JERRY BRENNAN RECORDED: JUNE 28, 1999 RECORDING NUMBER: 19990628001967 14. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: MARILEE E. KARNOFSKI, CYNTHIA B. C:IIIC A001111C INSURANCE• COMPAINY %11P1AT-93/ 12-12�90/1-.K 'AGO TITLE INSURANCE COMPAI (artier No_: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) ; EXCEPTIONS MCMAHON, JAMES P. BRENNAN, MARY T. BRENNAN AND ,.TERRY BRENNAN }{ND: JERRY BRENNAN RECORDED: JUNE 28, 1999 RECORDING NUMBER: 19990629001968 r 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY PURPOSE: ONE OR MORE UTILITY SYSTEMS AREA AFFECTED: THE EASTERLY 10 FEET OF PARCELS B AND C RECORDED: JANUARY 29, 2009 RECORDING NUMBER: 20090129000823 z 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE. WATER LINE AREA AFFECTED: THE EASTERLY 10 FEET OF PARCELS B AND C RECORDED: FEBRUARY 19, 2010 RECORDING NUMBER: 20100219001446 AA 17. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SURVEY RECORDED UNDER RECORDING NUMBER 9901299006_ AB AFFECTS: PARCELS A, B AND C Ac 18. LETTER OF PERMISSION, INCLUDING THE TERMS AND PROVISIONS THEREOF: RECORDED: JANUARY 22, 2010 RECORDING NUMBER: 20100122000553 AD AFFECTS: PARCEL A Ar 19. ANY PROHIBITION OR LIMITA'T'ION OF USE, OCCUPANCY OR IMPROVEMENT OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW OR HAS BEEN FORMERLY COVERED BY WATER- Ae 20. PARAMOUNT RIGHTS AND EASEMEN'T'S IN FAVOR OF THE UNITED STATES FOR COMMERCE, NAVIGATION, FISHERIES AND THE PRODUCTION OF POWER. SHPiAI'Ei3J7212-�JO/EK (111CAGO TITLE INSURANCE COMPANY CAGO TITLE INSURANCE COMPAI Order ND.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS Aff 21. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND - ASSESSED VALUE -IMPROVEMENTS GENERAL & SPECIAL TAXES AFFECTS: PARCEL A 2010 312405-9074-02 21-00 $ 963,000.00 $ 593,000.00 BILLED: $ 17,315.83 PAID: $ 8,657.92 UNPAID: $ 8,657.91 Al 22. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT [NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS GENERAL & SPECIAL TAXES: AFFECTS: PARCEL B 201D 312405-9075-01 2100 $ 1,029,000.00 $ 47,000.00 BILLED: $ 11,977.91 PAID: $ 5,988.96 UNPAID: $ 5,988.95 .w 23. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE-IMPROVEMEN`T'S GENERAL & SPECIAL TAXES 2009 312405-9076-00 2100 $ 1,305,000-00 $ 30,()00.00 BILLED: $ 13,300-74 PAID: $ 0.00 SIM -A I'M j 12.) 2-901 FK CHI[AG "I"I H,P INSURANCE COMPANY r 'AGO TITLE INSURANCE COMPA' SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEP'T'IONS UNPAID: $ 13,300.74 AFFECTS: PARCEL C Order No.: 1305925 Ax 24. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF TRE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND - ASSESSED VALUE -IMPROVEMENTS GENERAL & SPECIAL TAXES AFFECTS: PARCEL C 2010 312405-9076-00 2100 $ 1,109,000.00 $ 20,000.00 BILLED: $ 12,567.30 PAID: $ 0.00 UNPAID: $ 12,567.30 AL 25. SPECIAL, TAXES FOR SURFACE WATER MANAGEMENT AND/OR OTHER SPECIAL CHARGES: 1ST HALF DELINQUENT MAY 1ST, 2ND HALF DELINQUENT NOVEMBER 1ST: YEAR: 2010 AMOUNT BILLED: $ 13.00 AMOUNT PAID: $ 13.00 AMOUNT DUE: $ 0.00 TAX ACCOUNT NUMBER: 312405-9004-07 LEVY CODE: 2100 AO AFFECTS: PARCEL ID AND OTHER PROPERTY AM THE GENERAL REAL ESTATE TAXES ARE ASSESSED AS OPERATING PROPERTY UNDER MASTER TAX ACCOUNT NUMBER 970490-0751-02. AN 26. GENERAI� REAL ESTATE TAXES ASSESSED UNDER AN INTERSTATE OPERATING PROPERTY TAX SYSTEM, AFFECTING ALL OPERATING PROPERTY OF THE TAXPAYER IN THE LEVY CODE AREA: YEAR: 2010 TAXPAYER: BNSF MASTER TAX ACCOUNT NUMBER: 970490-0751-02 LEVY CODE: 2100 CIIICAGO "I"I LE INSURANCE COMPANY S H P I A -Mi 12 12-90,/ FFK CAGO TITLE INSURANCE COMPA! Order No.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) r EXCEPTIONS ASSESSED VALUE -LAND: $ 1,143,754.00 ASSESSED VALUE -IMPROVEMENTS: $ 0.00 GENERAL TAXES: BILLED: $ 12,719.30 PAID: $ 6,359.65 UNPAID: $ 6,359.65 AFFECTS: PARCEL D AND OTHER PROPERTY Ap 27. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: GERALD F. BRENNAN, ALSO APPEARING OF RECORD AS JERRY BRENNAN AND MARY E. BRENNAN, HUSBAND AND WIFE CHICAGO TITLE INSURANCE COMPANY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR LANDOVER MORTGAGE, LLC, A WASHINGTON LIMITED LIABILITY COMPANY $ 417,000.00 MARCH 29, 2010 APRIL 5, 2010 20100405001088 LM1002043696 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AQ AFFECTS: PARCEL B AR 2$. THE LEGAL DESCRIPTION IN THIS CERTIFICATE IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AM THE PUBLIC RECORDS. THE PARTIES RECEIVING THIS CERTIFICATE MUST NOTIFY THE TITLE INSURANCE COMPANY IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. As NOTE 1: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW, FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE_ FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY SlINATA3J12-12 90/EK Cl IICAGO "ITIIE INSURANCE COMPANY CAGO TITLE INSURANCE COMPAI Order No.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS RECORDER'S OFFICE WEBSITE AT WWW.METROKC.GOV/RECELEC/RECORDS AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PARCELS 1-3 OF SURVEY RECORDED UNDER RECORDING NUMBER 9901299008; AND PORTION OF GOVERNMENT LOT 3 IN THE SOUTHEAST QUARTER OF SECTION 31-24--5. END OF SCHEDULE B SliN-A IB3/12.13-90jtK CIHIC-AGO "ITI-LL INSURANCE COMPANY CAGO TITLE INSURANCE COMPAI Order No_: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS Aa THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS CERTIFICATE: EASTSIDE CONSULTANTS INC. .1320 N.W. MALL STREET, SUITE B ISSAQUAH, WASHINGTON 98027 ROBERT J. BOGDON, PLS 1/1 (425)392-5351 JERRY BRENNAN 3405 LAKE WASHINGTON BOULEVARD NORTH RENTON, WASHINGTON 98056 (425)277-4644 1/1 CHICAGO "I n'LE INSURANCE COMPANY SH PlATH3/I2-12,90/LK CHICAGO Ti'1 �. INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 PHONE. (2116)628-5610 FAX: _o►, -r IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. PTN SE/40F SECTION 31-24-5 ti_ e !� l ) J' 1. i J jr l F�` 4 ) l 1p D FL OVER -3 so -'/ _ SE. a9TH. ST, m L, l Soni ST - - '2 RQF OPE 67 MA Ll DEPARTMENT OF COMMUNITYtats Of 5 AND ECONOMIC DEVELOPMENT �, �7 M E M O R A N D U M DATE: August 4, 2010 TO: Rocale Timmons FROM: Sonja J. Fesser fi� SUBJECT: Gustine Short Plat, LUA-10-038-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: None. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-10-038- SHPL and LND-20-0559 respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The geometry will be checked by the city when two ties are provided (show ties to Survey Control Network Mons and Mon numbers.) Provide sufficient information to determine how the short plat boundary was established. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set along the westerly corners of PARCEL 3. Note discrepancies between bearings and distances of record and those measured or calculated, if any. h:lfile sys\Jnd - land subdivision & surveying recordsllnd-20 - short plats10559\M00804.doc 10, Addressee Name Pa,,e 2 of 4 Date of Memo Note that the adjoining property, southerly of PARCEL 3, is unplatted (Sheet 1 of 2). Note the addresses for the three lots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 1 of 2 (bolt set in rock, utilities lines, manhole catch basin, test pit, etc.) and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Remove the "OWNER/DEVELOPER", "LAND SURVEYOR/ENGINEER" and 'SITE ADDRESS" blocks from Sheet 1 of 2. Remove the King County Tax Lot Nos. from the subject short plat drawing lots (Sheet 1 of 2). Do note encroachments, if any. The Chicago Title Insurance Company Short Plat Certificate report, Order No. 001305925, dated May 25, 2010; notes under the "EXCEPTIONS" portion of the report that there are two new easement recordings that do not appear under "SPECIAL EXEMPTIONS" (Sheet 2 of 2 of the short plat). One is an easement to PSE for utility systems recorded under Rec. No. 20090129000823. The second easement is for a water line recorded under Rec. No. 20100219001446. Review this title report for other possible inclusions under the "SPECIAL EXEMPTIONS" portion of the short plat submittal. The "SPECIAL EXEMPTIONS" title (Sheet 2 of 2) overlaps onto the legal description for Parcel B. Revise as needed. The City of Renton Administrator, Department of Public _Works, is the only city official who signs this short plat. Review and revise the existing approval block. All vested owner(s) of the subject short plat, at the time of recording, need to sign the final short plat submittal. The railroad, or its successors, will need to sign as a vested owner, as well. Include notary blocks as needed. Does the applicant intend to acquire additional property from the railroad? Note an appropriate declaration block on Sheet 1 of 2, and title it "OWNER'S DECLARATION". This is where the railroad, or its successors, signs as an owner, along with the other vested owners. h:l{ile sys%1nd - land subdivision & surveying recordsllnd-20 - short p1ats105591rv100804.doc Addressee Name Page 3 of 4 Date of Memo Remove all references to density and zo_nin as currently shown under the "SHORT PLAT STATISTICS" (Sheet 1 of 2). Add the appropriate quarter -section to the indexing noted at the top of both drawing sheets. Note that all of the items listed under "SURVEY NOTES" can be deleted, if reference is made to Book 127, Page 55. Do include a statement of equipment & procedures per WAC 332-130-100. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. Reference(s) to the associated document(s) are to be noted on the short plat drawing and provide spaces for the recording numbers thereof. If there are new private easements proposed with this short plat, note on the drawing: "Area for new private (utilities, access, etc.) easement". Said private easements are established when the conveying document(s) include a statement about the together with and/or subject to specific easement rights. Add the following Declaration of Covenant language on the face of the subject drawing, Ithe previous paragraph applies: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the ,benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this short plat. If a new private easement is required, then a "NEW PRIVATE EASEMENT FOR INGRESS, EGRESS & UTILITIES MAINTENANCE AGREEMENT" statement should be noted on the short plat submittal. See the attachment. Fee Review Comments: The Fee Review sheet for this review of the preliminary short plat is provided for your use and information. h:%filc sysUnd - land subdivision & surveying recordAnd-20 - short p1ats%05591ry 100804.doc Title for both of the following paragraphS7 NEW PRIVATE EASEMENT FOR INGRESS, EGRESS & UTILITIES MAINTENANCE AGREEMENT Use the following paragraph if there are two or more lots participating in the agreement: NOTE: NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREATED UPON THE SALE OF LOTS SHOWN ON THIS SHORT PLAT. THE OWNERS OF LOTS SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY, PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. Use the following paragraph if there is one lot subject to the agreement: NOTE: NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREATED UPON THE SALE OF LOTS SHOWN ON THIS SHORT PLAT. THE OWNER OF LOT SHALL HAVE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. City of Renton Deportment of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 3W COMMENTS DUE: JULY 15, 2010 APPLICATION NO: LUA10-038, ECF, SHPL-A DATE CIRCULATED: JULY 1, 2010 APPLICANT: James P. Brennan PLANNER: Rocale Timmons PROJECT TITLE: Gustine Short Plat PLAN REVIEWER: Kayren Kittrick SITE AREA: 39,718 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3401, 3405, 3411 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single-family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Lake Washington Blvd and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed snort plat. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Lond/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li hVGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, 000 Feet 14,000 Feet 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 additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date DEPARTMENT OF COMMUNITY Q Cityof AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: July 9, 2010 TO: Rocale Timmons, Planner FROM: Jan lllian, Plan Review Qr� SUBJECT: Utility and Transportation Comments for Gustine Short Plat 3401, 3405,3411- Lake Washington Blvd N LUA 10-038 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official city decision -makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. I have reviewed the application for the Gustine Short Plat located at 3411 •- Lake Washington Blvd N. and have the following comments: EXISTING CONDITIONS WATER There is an existing water service to each lot. SEWER There is an existing side sewer to each lot. STORM There is no storm water conveyance system provided. STREETS There is street access to each home via a private road. CODE REQUIREMENTS WATER 1. No additional water improvements are required. SANITARY SEWER 1. No additional sewer improvements are required. SURFACE WATER 1. No surface water improvements are required. TRANSPORTATION 1. No street improvements are required. City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: R i COMMENTS DUE. JULY 15, 2070 APPLICATION NO: LUA10-038, ECF, SHPL-A DATE CIRCULATED: JULY 1, 2010 SERV APPLICANT: Jaynes P. Brennan 9EVELOPMENT PLANNER: Rocale Timmons CITY OF REN TON PROJECT TITLE: Gustine Short Plat PLAN REVIEWER: XaymF4 +# sic l Q 2 WO SITE AREA: 39,718 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3401, 3405, 3411 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single-family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation_ The property is situated between Lake Washington Blvd and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Londl5horeline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts impacts Necessary Housing Aesthetics Li hV/Glore Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet 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 additi at information is needed to properly assess this proposal. Signature of D' or c r Authorized Represent we Date City of Renton Deportment of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: JULY 15, 2010 APPLICATION NO: LUA10-038, ECF, SHPL-A APPLICANT: Jaynes P. Brennan DATE CIRCULATED: JULY 1, 2010 1. PLANNER: Rocale Timmons CiTY OF RENTON PROJECT TITLE: Gustine Short Plat PLAN REVIEWER: Kayren Kittrick SITE AREA: 39,718 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3401, 3405, 3411 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A RECEIVED SUMMARY of PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single-family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Lake Washington Blvd and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Probable More Minor Major information Impacts Impacts Necessary Earth Air water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information impacts Impacts Necessary Housing Aesthetics Li ht/Glore Recreation Utilities Transportation Public Services Historic/Cultural Preservotion Airport Environment 10, 000 Feet 14, 000 Feet 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 additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date E City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: yf-6- COMMENTS DUE: JULY 15, 2010 APPLICATION NO: LUA10-038, ECF,,, SHPL-A DATE CIRCULATED: JULY 1, 2010 DEVELOPMENT SERV[ APPLICANT: James P. Brennan PLANNER: Rocale Timmons PROJECT TITLE: Gustine Short Plat PLAN REVIEWER: Kayren Kittrick Jul 0 2 2019 SITE AREA: 39,718 square feet EXISTING BLDG AREA (gross): N/A RECEIVE LOCATION: 3401, 3405, 3411 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single-family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Lake Washington Blvd and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Forth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources S. POLICY -RELATED COMMENTS A/v/Ve C. CODE -RELATED COMMENTS / O,Y r=- Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing A esthetics Li ht/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, 000 Feet 14 000Feet 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 w re additional information is n eded to properly assess this proposal, ure of Directr Authorized Representative Date C E: City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: JULY 15, 2010 APPLICATION NO: LUA10-038, ECF, SHPL-A DATE CIRCULATED: JULY 1, 2010 APPLICANT: James P. Brennan PLANNER: Rocale Timmons PROJECT TITLE: Gustine Short Plat PLAN REVIEWER: Kayren Kittrick SITE AREA: 39,718 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3401, 3405, 3411 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single-family residences all proposed to be retained, resulting in a density of 5.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Lake Washington Blvd and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property_ Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Probable More Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources S. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts impacts Necessary Housing Aesthetics Light/Glare Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 30,000 Feet 14 000 Feet 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 additional information is needed to properly assess this proposal. I 7 {� Signature of Director or Authorized Representative Date City of Renton Department of Community & Economic Deueropment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Ea _L > COMMENTS DUE: JULY 15, 2010 APPLICATION NO: LUA10-038, ECF, SHPL-A DATE CIRCULATED: JULY 1, 2010 APPLICANT: James P. Brennan PLANNER: Rocale Timmons PROJECT TITLE: Gustine Short Plat PLAN REVIEWER: Kayren Kittrick SITE AREA: 39,718 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3401, 3405, 3411 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single-family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Lake Washington Blvd and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 24 -foot wide access easement. No improvements are neccessary for the proposed short plat. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information impacts impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Housing Aesthetics Li ht/Glore Recreation Utilities Trans ortation Public Services Historic/Cultural Preservation Airport Environment 1 a, 000 Feet .14,000 Feet 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 addition at information is needed to properly assess this proposal. -7--! &I [ 0 or Authorized Representative / '/ Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: JULY 15, 2010 APPLICATION NO: LUA10-038, ECF, SHPL-A DATE CIRCULATED: JULY 1, 2010 r APPLICANT: James P. Brennan PLANNER: Rocale Timmons^ PROJECT TITLE: Gustine Short Plat PLAN REVIEWER: Kayren Kittrick 5. o M SITE AREA: 39,718 square feet EXISTING BLDG AREA (gross): N/A 4M tn^ ,.'. LOCATION: 3401, 3405, 3411 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single-family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,517 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Lake Washington Blvd and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property. Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement_ No improvements are neccessary for the proposed short plat. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Maior Information Impacts Impacts Necessary Earth Air water Plants L❑nd/Shoreline Use Animals Environmental Health Energy/ Natural Resources Elementof the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li hVGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, DOQ Feet 14 000 Feet 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 wh additional i.Oormatio eded to properly assess this proposal. Signature of Director or Authorized Representative Date LA CITY OF RENTON DEPARTMENT OF COMMUNITY &'ECONOMIC DEVELOPMENT - PLANNING: DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 1st day of July, 2010, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Letter, NOA, Environmental Checklist & PMT, Wetland/Stream Study documents. This information was sent to: ............_........ F.......... m..:.....:z; ..,. , .�r .., .< � _..._.. . .............. ...,. � �-..1..5.;.8 _ .....:..................... _.... _� ...................... ......._................................ '^ �K.e� Agencies — Env. Checklist, NOA, PMT See Attached James P. Brennan Contact/Applicant Merilee Kornofski, Mary T. Brennan, Cynthia McMahon, Gerald Brennan, Mary E. Brennan Owners Karen Walter — Wetland/Stream Study State Agency 300' Surrounding Property Owners — NOA only See Attached (Signature of Sender): STATE OF WASHINGTON ` ) SS 43 �p COUNTY OF KING ) C*10 W.� I certify that I know or have satisfactory evidence that Stacy M. Tucker q,r�+"��*,;� 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: �L 1' 'rv..�l Notary Publk in and for the State of Washington Notary (Print): A �C,<< My appointment expires: .11s J,'� ti.. _ � t(1 D G\ 3 Gustine Short Plat LUA10-038, ECF, SHPL-A template - affidavit of service by mailing AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology * WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015 -172nd Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015 172nd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler 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 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv_ City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr. Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template - affidavit of service by mailing 334210372002 334210007103 312405900407 ANDERSON JOSEPH C ANDERSON STEVEN & JULIE BNSF PO BOX 78654 3303 BURNETT AVE N PO BOX 961089 SEATTLE WA 98178 RENTON WA 98056 FORT WORTH TX 76161 334210370501 BOWDEN KIM 2727 MOUNTAIN VIEW AVE N RENTON WA 98056 334210300102 CORRELL KEVIN L+SUSANA 3502 BURNETT AVE N RENTON WA 98056 334210006006 DEVINE DARRELL A+KATHRYN A 1300 N 27TH PL RENTON WA 98056 334210374305 HUDSON WILLIAM 8058 118TH AVE SE NEWCASTLE WA 98056 334210374008 LAVALLEY TED 18019 SE 121ST PL RENTON WA 98059 334210274505 MACCUBBIN LOUIS+KAREN 4049 AMES LAKECARNATION REDMOND WA 98053 334210002005 POTOSHNIK MIKE JR 3403 BURNETT AVE N RENTON WA 98056 334210006501 SENS GENE P+HUONG T 3309 BURNETT AVE N RENTON WA 98056 334210365709 BRENNAN JERRY 3405 LAKE WASHINGTON BLVD N RENTON WA 98056 334210275007 DAO HUNG+LOAN BUI 900 N 34TH ST RENTON WA 98056 334210003607 FAWCETT JAMES R ESTATE JANET MILES EX PO BOX 454 OCEAN SHORES WA 98569 312405907600 KARNOFSKI MARILEE 960 5TH AVE S UNIT 306 EDMONDS WA 98020 334210373505 LORD MARK LORD LISA 3307 MTN VIEW AVE N RENTON WA 98056 334210251008 NICOLI BRUNO I & SARAH C RD NE 3404 BURNETT AVE N RENTON WA 98056 334210226000 WITTMANN CHARLES P+WITTMANN CAROLA E 907 N 34TH ST RENTON WA 98056 334210001502 SANDJAY LLC 4957 LAKEMONT BLVD SE #C428 BELLEVUE WA 98006 334210275908 SHURE CHARLES H III+GAYLE A 903 N 36TH ST RENTON WA 98056 334210005503 CARLSON BRADLEY T 3310 LAKE WASHINGTON BLVD N RENTON WA 98056 334210369503 DELOOF SUSAN 469 TACOMA AVE NE RENTON WA 98056 334210001007 GEIGER DEAN A+SARAH C 3415 BURNETT AVE N RENTON WA 98056 334210364009 KING COUNTY 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 334210362508 LUCK VIRGINIA E 285 SAND DUNE AVE NW OCEAN SHORES WA 98569 334210299502 PALKA ADAM 1412 N 40TH ST RENTON WA 98056 334210005008 SCHEINER EDWARD A 3312 LAKE WASHINGTON BLVD N RENTON WA 98056 334210008507 STEVENS PATRICIA A 805 N 33RD PL RENTON WA 98056 NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF DATE: LAND USE NUMBER: PROJECT NAME: NON -SIGNIFICANCE (DNS) July 1, 2010 LUA1D-038, ECF, SHPL-A Gustine Short Plat PROJECT DESCRIPTION: The applicant is proposing to subdivide an existing parcel into 3 lots which contains 3 existing single-family residences all proposed to be retained, resulting in a density of 6.84 du/ac. The proposed lots would range in size from 8,S17 square feet up to 20,935 square feet. The 39,718 square foot project site is located within the Residential - 8 (R-8) dwelling units per acre zoning designation. The property is situated between Lake Washington Blvd and Lake Washington with the Ordinary High Water Mark (OHWM) encroaching onto the property_ Access for the proposed lots would be provided via an existing driveway extended from Lake Washington Blvd which is proposed to be placed in a 20 -foot wide access easement. No improvements are neccessary for the proposed short plat. PROJECT LOCATION: 3401, 3405, 3411 Lake Washington Blvd N OPTIONAL DETERMINATION OF NON -SIGNIFICANCE (DNS): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project_ Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS process to give notice that a DNS is likely to be issued. Comment periods for the project and the proposed DNS are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non -Significance (DNS). A 14 -day appeal period will follow the issuance of the DNS. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: APPLICANT/PROJECT CONTACT PERSON- Permits/Review Requested: Other Permits which may be required: Requested Studies: June 21, 2010 July 1, 2010 James P. Brennan; Eml: jbren54676@comcast.net Environmental (SEPA) Review, Administrative Short Plat None Stream Study Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 PUBLIC HEARING: N/A CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated Residential Single -Family (RSF) on the City of Renton Comprehensive Land Use Map and Residential - 8 (R-8) on the City's Zoning Map. 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, CED — Planning Division, 1055 So_ Grady Way, Renton, WA 98057. Name/File No.: Gustine Short Plat/LUA10-038, ECF, SHPL-A NAME: MAILING ADDRESS: TELEPHONE NO_: Environmental Documents t Evaluate the Proposed Project: Environmental (SEPA) Checklist Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 42-i IOA and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: None Comments on the above application must be submitted in writing to Rocale Timmons, Associate Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on July 15, 2010. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Rocale Timmons, Associate Planner; Tel: (425) 430-7219; Eml: rtimmons@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION Denis Law l�lty O 1 r Mayor Department of Community and Economic Development Alex Pietsch, Administrator July 1, 2010 James P. Brennan 18225 SE 244`h Place Covington, WA 98042 Subject: Notice of Complete Application Gustine Short Plat, LUA10-038, ECF, SHPL-A Dear Mr. Brennan: The Planning Division 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 July 19, 2010. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7219 if you have any questions. Sincerely, Roca Timm Ass ciate Planner cc: Marilee Karnofski, Mary T. Brennan, Cynthia McMahon, Gerald Brennan, Mary E. Brennan/ Owner(s) Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov nis Della Draw11 0 �` yrT �r'A.�i+ MEMO July 1, 2010 Department of Community and Economic Development Alex Pietsch, Administrator Nancy Rawls Department of Transportation Renton School District 420 Park Avenue N Renton, WA 98055 Subject: Gustine Short Plat LUA10-038, ECF, SHPL-A The City of Renton's Department of Community and Economic Development (CED) has received an application fora 3 -lot single-family subdivision located at 3401, 3405, 3411 Lake Washington Blvd. Please see the enclosed Notice of Application for further details. In order to process this application, CED needs to know which Renton schools would be attended by children living in residences at.the location indicated above. Please fill in the appropriate schools on the list below and return this letter to my attention, City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, Washington 98057 by July 15, 2010. Elementary School: Middle School: Hieh School: Will the schools you have indicated be able to handle the impact of the additional students estimated to come from the proposed development? Yes No Any Comments:_ Renton City Hall • 1055 South Grady Way Renton, Washington 98057. + rentonwa.gov Nancy Rawls Page 2 of 2 July 1, 2010 Thank you for providing this important information. If you have any questions regarding this project, please contact m.e at (425) 430-7219. Sincerely, CoL Roc le Timmons As ociate Planner Enclosure LOA 1Z .-f City of Renton °f ,,;�q tc LAND USE PERMIT MASTER APPLICATIOWAti,��,,. PROPERTY OWNER(S) Marilee Karnofski, James Brennan, NAME: Mary T Brennan, Cynthia McMahon, Gerald Brennan, Mary E Brennan ADDRESS: 3401 Lake Washington Boulevard North CITY: Renton ZIP: 98056 TELEPHONE NUMBER: 206-714-3133 APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: Zi P: TELEPHONE NUMBER: CONTACT PERSON NAME: James P. Brennan COMPANY (if applicable): ADDRESS: 18225 SE 244Th Place CITY: Covington, Wa ZIP; 98042 TELEPHONE NUMBER AND EMAIL ADDRESS: 206-714-3133 Jbren54676 @comcast.not PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Gustine Shortplat PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE; 3401-3411 Lake Washington Boulevard North Renton, Washington 98056 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 312405-9074 312405-9075 312405-9076 EXISTING LAND USE(S): Single Family Residential PROPOSED LAND USE(S): Single Family Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF- Residential Single Family PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) N/A EXISTING ZONING: (R-8) Residential 8du/ac PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 39,718 SF SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: None SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 2,653 SF PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 6.84 NUMBER OF PROPOSED LOTS (if applicable) 3 , Three NUMBER OF NEW DWELLING UNITS (if applicable): None C:`Documents and 5ettin,-sjpb34741My Doc mnentsl[nasterapp.doc - 1 - p(,;'(}y PF IECT INFORMATION Conti sd) NUMBER OF EXISTING DWELLING UNITS (if applicable): 3, Three SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 4,240 sf SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 96 NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 80 NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA LEGAL DESCRIPTION OF PROPERTY Attach leaal description on separate sheet with the following information included SITUATE IN THE SE QUARTER OF SECTION 31, TOWNSHIP 24, RANGE 5, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Short Plat 3. 2. Environmental Review 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP Ownership signatures Attached. C:`,Documents and Settings1jph3474,My Docutnents',masterapp.doc - 2 - 06-09 PROJ ECT VALUE: Zero construction, Dwg only IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq- ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES _17,955_ sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach leaal description on separate sheet with the following information included SITUATE IN THE SE QUARTER OF SECTION 31, TOWNSHIP 24, RANGE 5, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Short Plat 3. 2. Environmental Review 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP Ownership signatures Attached. C:`,Documents and Settings1jph3474,My Docutnents',masterapp.doc - 2 - 06-09 PRvJECT INFORMATION (continued) AFFIDAVIT OF OWNERSHIP Gustine Shortplat Marilee Kamofski I, (Print Namels) 2� CxiR!!c e / Gz fQ!'1 Qf.Skr declare under penalty of perjury under the laws of the State of Washington that I am (please check one) _Y the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. �d in*w Fab 27, 2013 I certify that I know or have satisfactory evidence that Q 1 A_C C `7 " signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: L., :j James Brennan el_ I, (Print Namels) �� o /4-"tj declare under penalty of perjury under the laws of the State of Washington that I am (please check one) C—the-current owner of the property involved in this application or_ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that jA W1 19f\ nGL'f_� signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. (Signature of Owner/Representative) � Notary Public ih and for the State of Washington (Signature of Owner/Representative) Notary (Print) My appointment expires:. _ ( `� MYSCFIA M. BOWLES STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 03/19/2014 PRvJECT INFORMATION (continued) AFFIDAVIT OF OWNERSHIP Gustine Shortplat Mary T Brennan%]�1 1, (Print Namels) ✓r 1 If s 13ty a r I� �� declare under penalty of perjury under the laws of the State of Washington that I am (pl check one) X the current owner of the property involved in this application or _ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that filet, LL^g, signed this instrument and acknowledge it to be his[herAheirAlee and voluntary act for t ses and purposes mentioned in the instrument. (Sig tura OwnerlRepresentative) --.... -�� U-t,�,t Z pUNJAMN ry Public in and fo he State of Washington (Signature of Owner/Representative Soh y, (? S N ry (Print) 1 1 A ro �m 2, f" 0 qj-- � I � 2S , MID I . . appointment expires: PC tAJC t * Cynthia McMahon 1, (Print Names) lps:� iff? AA�A A tom" declare under penalty of perjury under the laws of the State of Washington that I am (01hise check one) K _ the current owner of the property involved in this application or_ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the hest of my knowledge and belief. 11�44-i " elb- o rt,� (Sign re of Owner/Representative) EINE astrtn9#Q�' �fotarY r • P1RE5 MY G�MTht55s��� Gerald F Brennan & Mary E Brennan I certify that I know or have satisfactory evidence that signed this instrument and acknowledge it to be his/herlt eir free and voluntary act for the uses and purposes mentioned in the instrument. forthe (Print) — f f_ My appointment expires: .r�,, - 47,,Z& f3 1, (Print Names) �r I L' r fl �C'�l t V, - ��i'�y rf ! declare under penalty of perjury under the laws of the State . of Washington that I am (please check one) the current owner of the property involved in this application or_ the authorized representative to act for a corporation (pleage attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowiedge and belief. �, A� rik[ 1144^11 r' I car* that.I know or have satisfactory evidence that MNx% ,Signed this instrument and acknowledge it to be his/herltheir free and voluntary ✓ ��v act for the uses and purposes mentiongd in the instrument. (Signature of Owner/Representative) *.`� • • "••yam No Public in and for the St ofW�ls ington I: . n x s 1.. �`'-.S•'*...••'fit: t'ity q= Keeton 1' Gustine Short Plat 439 Net Acres Located in the Kennydale neighborhood at 3401 3411 Lake Washington Boulevard North, Renton, Washington 98056. The purpose of this short plat is to establish & clarify lot surveys, legal and tax lot status, and record with King County and City of Renton. The short plat does not request any other land use or construction permits or propose any other action beyond the documentation recorded. Within this short plat, there are not additional land use permits requested. The existing comprehensive plan designation is Residential Single Family, zoning designation is R-8 density. The historical and current use of the site is single family residential on the Lake Washington shoreline, 3 houses. The soil type is topsoil covering glacial till and sandy fill. This drains naturally to the lake, no paving exists on the site. This plat consists of 3 lots of .439 net acres, 6.84 du/aerc with no change proposed to the existing use or density. There are no offsite or onsite improvements or construction requested in this action. There is no fill or other alteration to the property, short plat boundary establishment only purpose and action. This is adjacent to Lake Washington waters, the existing shoreline is a combination of natural shoreline and historically placed fill. '4 DENSITY ,0�,� WORKSHEET City of Renton Planning Division r� 1055 South Grady Way -Renton, WA 98057 V Li Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 39,718 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets" Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned 6. Divide line 5 by line 4 for net density: 0 square feet 2.653 square feet _17,955 square feet 2. 20,608 square feet 3. _19,110 square feet 4. 0.439 acres 5. 3 units/lots 6. 6.84_ = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. C: Docum�ni, umd ScHin�_s.lf �'3 1 M% Di%Cu111011i J.nsitt,d,'t - I - 11; i PLANNING DIVISION WAIVE.. JF SUBMITTAL REQUIR.-.AENTS FOR LAND USE APPLICATIONS GradriV l7 D taxed,'. . `': Habitat Data Report 4 Impeferral 2 Irrigation Pian 4 Neighborhood Detail Map 4 611 l,Qt G�Yerage & Landcaprng Ariaf}�ls a Plan Reductions (PMTS) 4 This requirement may be waived by: Pl-,nrlirrg Division 1. Property Services PROJECT NAME: 2, Public Works Plan Review ju,"'i -� s f 3. Building DATE: 4. Planning H:NCEfllData\Forms-TemplateslSelf-Help HandoutslPlarninglwaiverofsubmittalregs.xls O61p9 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning PROJECT NAME: --'7T+ �` `2-i'VP-f -F DATE: H:NCEDIDatalForms-Temptates\Self-Help HandoutsVPlanninglwaiverofsubmittalregs.xls 06109 -Cit PLANNING DIVISION ENVIRONMENTAL CHECKUSTfRento City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 "'i„^ Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.210 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 words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. - 1 - 06109 C:IDocuments and Se1t1ngs\jpb3474Wy DocumentslerncNst.doc A. 1. 2. 3. 4. 5. 6. 7. 8. BACKGROUND Name of proposed project, if applicable: Name of applicant: Gustine Shortplat James P. Brennan Address and phone number of applicant and contact person: 18225 SE 244th Place Covington Washington, 98042 206-714-3133 Date checklist prepared: June 15, 2010 Agency requesting checklist: City of Renton Planning Proposed timing or schedule (including phasing, if applicable): Normal Flow, ECD August 2010 Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Standard Stream and Lake Study Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Dock Permit, 3411 Lake Washington Blvd. N LUA #10-11 List any governmental approvals or permits that will be needed for your proposal, if known. No permits, standard short plat governmental approvals. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Sole purpose is to assure legal lot status is recognized by the City of Renton. No new construction, grading, landscaping or other action to the property. 2- CADocuments and Settingsljph3474wy Documentslenvchlst.doc 05!09 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. Street Address are 3401 Lake Washington Boulevard North, 3405 Lake Washington Boulevard North, 3411 Lake Washington Boulevard North, Renton, Washington 98056 Within Hillmans Lake Washington Garden of Eden No, 1, Q -S -T -R SE 31-25-5 Map, Plot Plan are included in the Shortplat application. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other Per the topographic profile combination of approx 12 degree slope to flat. b. What is the steepest slope on the site (approximate percent slope?) 12% 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. Along the sloping portion, approximately 3.5' beneath a layer of topsoil, native silty sand is a very dense layer of glacially compressed, slightly gravelly, silty sand commonly referred to as glacial till. On the western side of the area which has older houses, the soil consists of sandy loose fill. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No filling or grading. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No clearing or construction requested in the Short plat. -3- CADocuments and Set1in9s\jpb34741My Documentslenvchlst.doc 06/09 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No change as no construction involved. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Not required as no construction or change to the site. 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. None b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. No C. Proposed measures to reduce or control emissions or other impacts to air, if any: None required as no change. 3. WATER a. Surface Water: 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. Yes, the location is Lake Washington waterfront property. 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. No 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. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. M - 4 - 06/09 C 1D cuments and Se1t1ngsljpb34741My Documents%envchlst.doc 5) Does the proposal lie within a 100 -year flood plain? 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 Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. RE 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. None 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. None 2) Could waste material 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: No change, no impact. 4. PLANTS a. Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other shrubs —X_ grass pasture crop or grain wet soil plants: cattail, buttercup, bulirush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other _X_ other types of vegetation - 5- 06/09 CADocuments and Set1in9s\jpb3474Wy Documentslenvchlst.doc b. What kind and amount of vegetation will be removed or altered? None 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: No change 5. ANIMALS a. Circle 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 X Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other —X — 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 No d. Proposed measures to preserve or enhance wildlife, if any: None 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. No change from existing electric b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No 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: No construction, no change 7. ENVIRONMENTAL HEALTH - 6 - 06/09 CADmAments and Settingsljpb34741My Documentslenvchlst.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. None 1) Describe special emergency services that might be required. None 2) Proposed measures to reduce or control environmental health hazards, if any: No change, no hazards present. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None 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. None 3) Proposed measures to reduce or control noise impacts, if any: No impact, no construction. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Single family residential adjacent to a public park. b. Has the site been used for agriculture? If so, describe. No C. Describe any structures on the site. 3 Single Family homes plus 2 storage sheds. d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? Single Family Residential R-8 f. What is the current comprehensive plan designation of the site? Residential Single Family - 7 - os/aa CADOCuments and Settingsljpb34741My Documentslenvchlst.doc g. If applicable, what is the current shoreline master program designation of the site? Single Family Residential Shoreline h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No L Approximately how many people would reside or work in the completed project? No change from current capability of approx 10 j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None, no impact. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Short plat application complies with all current planning regulations 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No change from existing residences b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None C. Proposed measures to reduce or control housing impacts, if any: No impact 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. No proposed structures b. What views in the immediate vicinity would be altered or obstructed? No - 8 - 06/09 CADocuments and Set1ingsljpb3474%My Documenlslenvchlst.doc C. Proposed measures to reduce or control aesthetic impacts, if any: No impact 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None, no change from existing 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, No impact 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Adjacent park and waters 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 recreation opportunities to be provided by the project or applicant, if any: No, no impact 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. None b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None - 9 - 06109 C1Documents and Settingsljpb3474Wy Documentslenvchlst.doc C. Proposed measures to reduce or control impacts, if any: No change, no impacts 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. Utililze existing access from 3400 Block of bake Washington Boulevard North, Renton., Wash. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No, approxiametely 7 blocks to transit stops. C. How many parking spaces would the completed project have? How many would the project eliminate? No change, 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? No e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. No Change g. Proposed measures to reduce or control transportation impacts, if any: No impact 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. No b. Proposed measures to reduce or control direct impacts on public services, if any. No impact, no change 10- 06/09 C:IDocuments and Settingsljpb34741My Occumentslenvchlsl.doc 16. UTILITIES a.ge' s c rely avai t the site electricit natural gas, ater, u!se�seryi elepho ,"sanitary se er, septic�sys e ,other. 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. No Change to existing utilities. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature:i�15-- Name Printed:1 ��t1 Date: r7 Aev I ESE C 1Documents and Settingsljpb3474Wy Qocumentslenvchlst.doc 06109 WATERSHED 10 February 2010 Jerry and Mary Brennan 3405 Lake Washington Blvd N. Renton, WA 98056 S C 1 L N C E & D E 5 I G N City of t ' 1" sior; A, g Re: City of Renton Lake Study - For the Proposed Pier and Boatlift at 3405 Lake Washington Blvd. N. The Watershed Company Reference Number: 090614 Dear Mr. & Mrs. Brennan: The purpose of this letter is to document biological impacts associated with the proposed pier and boatlift project pursuant to the City of Renton Code requirement outlined in RMC 4-8-120.D.19 for the proposed pier and in -water boat lift located at your residence, 3405 Lake Washington Blvd. N, Renton WA 98056. Michael Mazur, Ph.D. Fish Biologist for The Watershed Company conducted a site visit and snorkel survey on 28 September 2009. The following evaluation of the potential biological impact to the Lake Washington shoreline and buffer resulting from your proposed project (see enclosed site plan) is based upon observations from the site visit and from materials supplied by you. Existing Conditions Lake classification The proposed project site is currently classified under the Renton City Shoreline Master Program as an urban lake shoreline (SMP Map; RMC 4-3-090). Site description The upland site has a single-family residence and is zoned R-8. It is located between Lake Washington and the Burlington Northern / Santa Fe Railroad, adjoining a residential property to both the north, 3411 Lake Washington Boulevard N, and a residential property to the south, 3401 Lake Washington Boulevard N. The existing single-family residence is situated adjacent to the southeastern shoreline of Lake Washington. The approximately 920 -ft' house is located 27 feet east of the shore of Lake Washington, at its closest point. The existing shoreline consists of a 6 -foot high rock bulkhead extending down to the waterline. There are currently two wooden piers, including one 67 -ft' pier and a second 72-ft2 pier, in addition to a 256-ft2 wooden swim float located just offshore. The two piers are supported by treated wooden pilings. 750 Sixth Street South Kirkland, WA 98033 r 425.822.5242 f 425.827.8136 watershedco.com City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 2 There is currently one free-standing JetSkir"' lift adjacent to the 67-ft2 pier and two free- standing boatlifts adjacent to the 72-ft2 pier. The on-site vegetation is primarily mowed lawn with a narrow band of cotoneaster along the bulkhead (Figure 1). The vegetation located on the residential property immediately to the north includes several big leaf maple (Acer rnacrophyllum) and black cottonwood with an occasional snowberry (Figure 2). Another residential property is located to the south, and a Burlington Northern / Santa Fe owned rail line borders the eastern property line. The shoreline substrate adjacent to the bulkhead primarily consists of sand intermixed with occasional pieces of gravel and rock which extends offshore for a distance of approximately 20-25 feet at which point a mat of Eurasian milfoil begins. Substrate in the project area is unsuitable for salmon spawning and no redds nor adult salmon were observed in the vicinity of the project site. No wetland or flood hazard areas are known to be present at the site_ Figure 1. View of proposed project site from the water showing the rock bulkhead and vegetated shoreline. City of Renton Lake SWdyr Jerry and Mary Brennan 10 February 2010 Page 3 Figure 2_ View of existing 67-ft2 pier. Swim float to be removed and existing pier to be Figure 3. View of existing 72-ft2 pier to be replaced and moved to deeper water. City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 4 Figure 3. Residential lot north of the proposed project site showing bulkhead and vegetative cover. Ecological functions The current ecological functions associated with the hydrologic, vegetation, hyporheic and wildlife habitat of the proposed project area is limited and typical of other urban classified Lake Washington shorelines located in the vicinity. The hydrologic function of the site is primarily impacted by the large rock bulkhead which limits the amount of natural stormwater and sediment exchange, limits wave energy attenuation, and does not provide a suitable land/water interface for large woody debris recruitment and retention. Vegetative diversity at the project site is very limited and likely does not provide significant functions. There are no trees to improve temperature control, water quality, or increase bank stability. The hyporheic function of the project site is poor with limited potential for water and sediment storage. Similarly, the high bulkhead greatly reduces the potentiallor natural hyporheic support of the shoreline vegetation. Wildlife habitat at the site is limited and spatially constrained by the narrow lot and close proximity of the railroad and Lake Washington Boulevard. The habitat function of the project site lacks physical space and provides poor food production for the majority of potential native species that could naturally be located at the site. The conditions at the site are summarized below in Table 1. City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 5 Table 1. Checklist for Documenting Environmental Baseline and Effects of Proposed Action(s) on Relevant Indicators — Draft modified by NOAA Fisheries for lakes. PATHWAYS ENVIRONMENTAL BASELINE EFFECTS OF THE ACTION(S) INDICATORS Properly Not Prop. Functionin At Risk Functioning ' z 3 Restore Maintain Degrade Water Quality Temperature/Dissolved X X Oxygen pH X X Chem. Contamination X X Nutrients/Total P X X Habitat Access Physical Barriers X X Habitat Elements Exotic Species (in X X water Shoreline Upwelling/ X X Downwellin Structural Complexity (LWD/emergent/ X X submer ent vegetation Substrate Composition X I I X Shoreline Conditions Shoreline Vegetation X X and Riparian Structure Shoreline Gradient X I X ' For the purposes of this checklist, "restore" means to change the function of an "at risk" indicator to "properly functioning," or to change the function of a "not properly functioning" indicator to "at risk" or "properly functioning" (i.e., it does not apply to "property functioning" indicators). 2 For the purposes of this checklist, "maintain" means that the function of an indicator does not change (i.e_, it applies to all indicators regardless of functional level). 3 For the purposes of this checklist, "degrade" means to change the function of an indicator for the worse (i.e., it applies to all indicators regardless of functional level). In some cases, a "not properly functioning" indicator may be further worsened, and this should be noted. Species present Wildlife species observed at the proposed project site during the site visit include, a sea gull, a hen mallard duck, and two juvenile black bass. Additional species that were reported by the applicant to have been observed at or near the site in the past include, mink, adult sockeye and Chinook salmon, and merganser ducks. Species of Concern The proposed project area is located along the shoreline of Lake Washington, which is within the geographic range of three federally listed species of salmonids: 1) Chinook salmon of the Puget Sound Evolutionary Significant Unit (ESU) (Reaffirmed as City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 6 Threatened, U.S. Federal Register, 28 June 2005), 2) bull trout of the Coastal -Puget Sound Distinct Population Segment (DPS) (Threatened, U.S. Federal Register, 1 November 1999), and steelhead of the Puget Sotu-kd DPS (U.S. Federal Register, 29 March 2006). Coho salmon of the Puget Sound -Strait of Georgia ESU are also present in the watershed and are currently considered a Species of Concern (U.S. Federal Register, 15 April 2004), indicating that they are under less active consideration for formal listing. An ESU of Pacific salmon is considered to be a DPS and thus a "species" under the Endangered Species Act. All of these species may be present in the action area during a portion of their life cycle. In regards to the proposed project, juvenile Chinook are most likely to be present in the area from January through June. Adult Chinook may be in the area from June to November, but would not be expected in the extreme nearshore area where construction would occur. The primary Chinook salmon stream in the Lake Washington Basin is the Cedar River, and it is located approximately two miles south of the project site. Similarly, Chinook salmon spawn in Kelsey Creek and are occasionally observed in May Creek and Coal Creek. Kelsey Creek drains into Mercer Slough, which is located roughly three and a half miles north of the proposed in -water structure. May Creek is located less than a mile north and Coal Creek roughly two and a half miles north of the project site. However, Chinook salmon are rarely observed in May Creek or Coal Creek, and the Chinook observed in these streams are likely straying from the Cedar River population. Other streams flowing into Lake Washington near the proposed work area detailed above have no known record of Chinook spawning and are generally not considered to contain suitable habitat or are too small to support spawning Chinook. Juvenile coho are most likely to be migrating through the project area from mid-March through June. Adult coho may be in the project area from August to December, but are not expected to use the nearshore area where construction activities would occur. The nearest known coho spawning streams are Kelsey Creek and the Cedar River. As previously mentioned, the Cedar River is approximately two miles to the south, and Kelsey Creek is about three and a half miles to the northeast of the project site. Other known coho spawning streams are May Creek and Coal Creek, both of which flow into the eastern side of Lake Washington. Coho salmon are rarely observed in May Creek and likely stray from other systems like the Cedar River. Little is known about bull trout distribution and habitat use within Lake Washington, and any current projections are generally based on extrapolation of similar information from other bull trout populations. Bull trout would not be expected within the littoral zone when nearshore temperatures exceed 15°C (generally, from May through mid- October). Juvenile bull trout would remain in headwater streams until the onset of piscivory, at a body length of approximately 300 mm, at which point they would migrate as subadults in search of improved foraging opportunities. Subadult bull trout City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 7 often migrate with adults to headwater streams during the summer and fall, and return to larger rivers to overwinter_ Bull trout may be attracted to spawning aggregations of prey fish such as longfin smelt. Many native char in populations from north Puget Sound exhibit anadromy, migrating to marine waters in late winter (Goetz et al. 2004). In conclusion, the presence of juvenile bull trout in Lake Washington is very limited to unlikely and subadult and adult bull trout in the lake would not be subjected to similar predation pressure as juveniles. Adult and subadult bull trout would avoid the littoral zone during the summer due to excessive water temperatures and are not expected to use the nearshore areas where construction activities are planned. The project area is also located within critical habitat that has been formally designated for Puget Sound Chinook salmon and Coastal -Puget Sound bull trout. Critical habitat for Chinook salmon includes the Lake Washington Subbasin (Watershed Code 17110012-03) of the Puget Sound ESU (U.S. Federal Register, 2 September 2005), and critical habitat for bull trout of the Coastal -Puget Sound DPS includes Lake Washington, which is in Critical Habitat Unit 28 — Puget Sound (U.S. Federal Register, 26 September 2005). Sockeye Salmon (Oncorhynchus nerka) are also present in the proposed project area, and Lake Washington is designated as essential fish habitat (EFH) for Pacific salmon. Pacific salmon EFH is protected and managed as per the federal Fisheries Management Plan (FMP). EFH for the Pacific coast salmon fishery identifies those waters and substrate necessary for salmon production needed to support a long-term sustainable salmon fishery and salmon contributions to a healthy ecosystem_ To achieve that level of production, EFH includes all those streams, lakes, ponds, wetlands, and other currently viable water bodies and most of the habitat historically accessible to salmon in Washington, Oregon, Idaho and California. Juvenile sockeye are most likely to be migrating through the action area from January through May as fry. Larger juvenile sockeye are pelagic and generally are found in deeper offshore habitats in the lake. Adult sockeye and kokanee may be in the project area from July to December, but are not expected to use the nearshore area where construction activities would occur. The nearest known sockeye and kokanee spawning streams are Kelsey Creek and the Cedar River. Sockeye have been observed shore spawning in Lake Washington. However, the substrates and milfoil present at the project site make it highly unlikely that sockeye salmon utilize the area for spawning. Project Description The larger, proposed residential pier would be 62 feet long, 4 feet wide, flaring to 8 feet wide the last 20 feet for a 338-ft2 pier footprint, replacing the existing 67-ft2 pier (see enclosed site plan). The over -water footprint will be 330 square feet. Eight, 8 -inch diameter steel piles connected by Glu -Lam beams and steel crossbeams will support the pier. The bottom of the pier will be a minimum of one -foot above the summer high City of Renton Lake Study Jerre and Mary Brennan 10 February 2010 Page 8 water level maintained for Lake Washington, and the pier will have no skirting_ The pier surface will be plastic ThruFlowTM grated decking. The initial pair of piles will be located approximately two feet waterward of the existing rock bulkhead. The remaining pier piles will be spaced every 19 feet. The existing free standing JetSkiTM lift will be relocated from its current location approximately 25 feet northeast of the proposed pier to a location adjacent to the southeast corner of the proposed pier_ The 72 square foot residential pier will be removed and then reconstructed three feet waterward of its current location and in identical dimensions of 12'x 6'. Four, 6 -inch diameter steel piles will support the pier (see enclosed site plan). The bottom of the pier will be a minimum of one -foot above the summer high water level maintained for Lake Washington, and the pier will have no skirting. The initial pair of piles will be located approximately 24 feet waterward from the existing rock bulkhead. The remaining pier piles will be located 12 feet waterward from the initial pilings. The deck surface will be plastic ThruFlowTM grated decking. The two -foot wide diving board currently used to access the pier will remain. As part of the project, one of the two existing, freestanding boatlifts will be removed. The other boatlift will be moved three feet waterward, as well. The existing 67-ft2 pier will be removed in the location where the new, larger pier will be constructed. Additionally, an existing, 16'X 16'(256 ft2) swim float will be removed from its current location just north of the proposed larger pier, resulting in a removal of 323 ft2. Therefore, the project will result in a total net increase of only 7 ft2 of over -water, pier surface. The upland site has a Single Family Residence and is zoned R -S. It is located between Lake Washington and the Burlington Northern / Santa Fe Railroad, adjoining a residential property to both the north, 3411 Lake Washington Boulevard N, and a residential property to the south, 3401 Lake Washington Boulevard N. There will be no job shacks or temporary structures on site during construction. Construction would begin as soon as permits and scheduling will allow, but no in -water work will occur from 1 January through 15 July, per the combined fish -protection policies of NOAA Fisheries, USFWS, and WDFW in Lake Washington for the area below the I-90 Bridge and greater than a mile from Mercer Slough or the Cedar River. The combined fish and wildlife timing and equipment restrictions are depicted graphically below. The applicant will comply with any amendments made to the below timing restrictions following USACE, NOAA Fisheries, and USFWS review. City of Renton Lake Study Jerry and Mary Bretman 10 February 2010 Page 9 As part of the project, a shoreline planting plan has been developed for the site. Presently, there is very little diversity or complexity in the shoreline vegetation. Native riparian vegetation will be installed along much of the shoreline. A variety of native plants will be used including vine maple, Hooker's willow, red -osier dogwood, salal, ocean spray, red flowering currant, and kinnikinnick. The planting pian will provide greater cover and forage opportunities for wildlife and will enhance shoreline stabilization. As part of the pier construction, 25 cubic yards of salmon spawning gravel will be placed along the shoreline. The spawning gravel will enhance the opportunity for shore spawning sockeye and kokanee salmon to utilize the area and improve the conditions from those currently found at the site. Impact Analysis The effects of installing and utilizing the proposed piers and boat lifts on the overall conditions of Lake Washington and the shoreline area are indicated in Table 1 above. Installation and use of the piers and boatlifts could have similar affects on bull trout, chinook salmon, steelhead, coho and sockeye salmon using Lake Washington. An exception would be indirect effects resulting from potential impacts to prey species within the project area. Unless otherwise noted, there is no distinction between these species within the following discussion. Direct Effects on Salmonids 1. Water Quality (substrate disturbance and discharge of waste products : Pile driving, propwash from direct overwater use or grounding of construction vessel(s), and/or turbid runoff from upland disturbance during planting plan implementation could produce temporary, localized sediment plumes that would dissipate following cessation of activity. The proposed project would not create and/or cause hazardous or toxic wastes or any other type of waste products to be released into the water. The proposed project would not affect water quantity or water temperature within Lake Washington. To minimize construction impacts associated with increased turbidity during construction, the following timing restrictions and conditions are proposed: No in -water construction activity would occur at a minimum between January 1 and July 15 for protection of fish. Jan Feb I Mar I Apr May I Jun Jul I Aug I Sep Oct I Nov I Dec Federal & State fish No in -water Work protection As part of the project, a shoreline planting plan has been developed for the site. Presently, there is very little diversity or complexity in the shoreline vegetation. Native riparian vegetation will be installed along much of the shoreline. A variety of native plants will be used including vine maple, Hooker's willow, red -osier dogwood, salal, ocean spray, red flowering currant, and kinnikinnick. The planting pian will provide greater cover and forage opportunities for wildlife and will enhance shoreline stabilization. As part of the pier construction, 25 cubic yards of salmon spawning gravel will be placed along the shoreline. The spawning gravel will enhance the opportunity for shore spawning sockeye and kokanee salmon to utilize the area and improve the conditions from those currently found at the site. Impact Analysis The effects of installing and utilizing the proposed piers and boat lifts on the overall conditions of Lake Washington and the shoreline area are indicated in Table 1 above. Installation and use of the piers and boatlifts could have similar affects on bull trout, chinook salmon, steelhead, coho and sockeye salmon using Lake Washington. An exception would be indirect effects resulting from potential impacts to prey species within the project area. Unless otherwise noted, there is no distinction between these species within the following discussion. Direct Effects on Salmonids 1. Water Quality (substrate disturbance and discharge of waste products : Pile driving, propwash from direct overwater use or grounding of construction vessel(s), and/or turbid runoff from upland disturbance during planting plan implementation could produce temporary, localized sediment plumes that would dissipate following cessation of activity. The proposed project would not create and/or cause hazardous or toxic wastes or any other type of waste products to be released into the water. The proposed project would not affect water quantity or water temperature within Lake Washington. To minimize construction impacts associated with increased turbidity during construction, the following timing restrictions and conditions are proposed: No in -water construction activity would occur at a minimum between January 1 and July 15 for protection of fish. City of Denton Lake Study Jerry and Mary Brennan 10 February 2010 Page 10 • The contractor shall stockpile any construction debris in designated upland areas above the OHWM or on the construction barge pending off-site disposal_ • The barge or workboat would not be allowed to ground. • All construction debris shall be properly disposed of on land in such a manner that it cannot enter in to the waterway or cause water quality degradation (Section 13, river and Harbors Act). • Erosion and sediment control measures would be implemented as appropriate during and following installation of the proposed plantings, including measures for both the short-term and permanent stabilization of exposed soils. Studies investigating the effects of turbidity on juvenile salmonids in a lacustrine environment suggest that turbidity can have beneficial effects on the feeding and survival of salmonids (Gregory 1994, Mazur and Beauchamp 2003, Mazur and Beauchamp 2006) as well as other species of juvenile fishes (Kitano et al. 2007). Juvenile Chinook salmon of the body size that could be present at the site during construction were found to have their peak foraging rates when turbidities were between 70-150 NTUs (Gregory 1994), conditions generally considered to be moderate to highly turbid water. Similarly, piscivorous cutthroat trout, the primary predator on juvenile salmon in Lake Washington, have reduced foraging rates under turbid conditions greater than 7 NTUs (Mazur and Beauchamp 2003). Despite the ecological advantages, turbidity is generally considered an undesirable condition for salmonids, as exposure to potentially contaminated sediment suspended in the water column is thought to result in lethal and sub -lethal effects. However, localized episodic turbidity events from an individual construction activity would not represent a permanent sediment source and would not produce conditions of chronic exposure. Considering that the turbidity produced by construction activity would be localized and temporary, the most probable impact on juvenile Chinook or coho would be a slight beneficial result of increase foraging success and a slight increase in survival due to decreased predation pressure. The most effective strategy for minimizing or eliminating potential construction -related impacts would be to restrict construction to periods when the presence of bull trout, Chinook salmon, coho salmon, sockeye salmon or steelhead is improbable. The combined fish -protection prohibitions on in -water construction by NOAA Fisheries, USFWS and WDFW result in an allowable in -water construction window of 16 July to 31 December. This window is adequate to minimize the probability that bull trout, Chinook salmon, coho salmon, or steelhead would be in the project area during construction. This timing window is also designed to protect beach -spawning sockeye, which may be present near the project area. Additionally, the precautionary conditions that have been proposed would minimize the potential for the release of waste products or construction City of Renton lake Study Jerry and Mary Brennan 10 February 2010 Page 11 debris to the lake. Thus, temporary water -quality impacts associated with the proposed project are unlikely to result in the take of a listed or fish species of concern_ Noise: Depending on the equipment used, pile -driving activities can generate considerable noise and vibration impacts. Recent investigations of the effects of pile driving on fish have indicated that pile driving, especially impact pile driving, can be harmful, or fatal for small fish (NOAA Fisheries 2003). Minimizing fish exposure to pile driving activities by following scientifically based construction timing restrictions is an accepted method for avoiding or minimizing adverse effects on listed species (NOAH Fisheries 2003)_ In order to minimize the impacts of pile driving on bull trout, chinook salmon, coho salmon, sockeye salmon, and steelhead, the above timing restriction (no in - water construction at a minimum from 1 January through 15 July) would be followed. This restriction is adequate to minimize the probability that bull trout, chinook salmon, coho salmon, and steelhead would be in the project area during construction. Similarly, the substrate and milfoil present at the site precludes sockeye salmon from using the area as a shore spawning site limiting the potential for their presence at the site. Thus, noise impacts would be insignificant and/or discountable. Habitat Health (vegetated shallows): The workboat or barge used for construction could disturb vegetated shallows during the implementation of the project, either through physical abrasion or prolonged overhead shading. Pile driving may also affect any vegetation in the immediate near -shore area. Vegetated shallows provide refuge and foraging habitat for juvenile salmonids and forage fish. Boat activity in or adjacent to vegetated shallows has been documented to damage and/or destroy habitat (Fonseca et al. 1998). The typical depths at which the construction vessels would be operating are sufficient to prevent grounding or disturbance of the substrate during high water. However, in such circumstances that the substrate was disturbed, the action would be temporary and minimal since the workboat would not be moving around. Proposed enhancement of shoreline areas using native riparian vegetation will improve site-specific fish and wildlife habitat functions over those that currently exist within the project area. These native plantings are designed to eventually enhance fish habitat by providing overwater shade, cover, and allochthonous input of detritus and insects. Thus, short-term impacts to vegetated near -shore habitat would be insignificant and/or discountable, while long-term impacts may be beneficial. Direct Mortality: The potential to kill bull trout, chinook salmon, coho salmon, sockeye salmon, or steelhead exists as long as they are present in the project area during construction. In order to minimize the impacts of construction activity on these salmonids, the above timing restriction (no in -water construction at a minimum from 1 January through 15 July) would be followed. This restriction is adequate to minimize the probability that juvenile salmonids would be in the action area during construction. City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 12 Indirect Effects on Salmonids Effects resulting from the proposed activity that occur later in time could include Changes in habitat quality and availability, and foraging conditions for juvenile salmonids and forage fish of salmonids at the shoreline. 1. Water Quality: The proposed piers include the capability to accommodate boat moorage at the site. Fueling would not occur at the site. The boat and JetSkiT11 lifts are not new structures. The JetSkiT11 lift will be relocated, and the boatlift will remain in its present locations. In both cases, there will be no new or additional potential for spillage of petroleum products in the area. The proposed installation would not result in significant increases of either water column or sediment concentrations of heavy metals, nor would any adverse environmental responses occur as a result of heavy metal leaching from the proposed installation. The proposed decking is ThruFlowT111 plastic grating and the piles and pier frame are constructed of steel. Thus, potential indirect water -quality impacts at the project site are considered discountable and insignificant. 2. Habitat (changes in refuge, foraging, and migration conditions for juvenile chinook in the action area resulting from the 12rol2osed pier 12roject): The proposed pier construction project may change refuge, foraging, and migration Conditions for juvenile salmonids through a variety of mechanisms. Shade from the structure can impair adequate vegetation growth that could potentially reduce the food supply of juvenile salmon. Overhead structure could provide habitat for non-native piscivorous fishes that prey on juvenile salmon and potentially create a migration obstacle for salmon. However, the proposed project would be constructed entirely of Thru-Flow grating, improving light penetration for plant production and limiting the potential utility of the pier as a habitat for predators. The reduction of milf oil in the near -shore area could improve water quality conditions for juvenile salmonids and other small fish in the action area by reducing the potential of an anoxic induced fish kill event. Additionally, since the existing pier and float will be removed, the net square footage of pier surface will only increase by seven square feet, reducing the risk to fish habitat. Native riparian vegetation would be installed along portions of the shoreline area. The shoreline planting plan is designed such that detritus and invertebrates from the vegetation could enter the water, potentially contributing to the aquatic ecosystem. The implementation of this shoreline vegetation plan is likely to improve foraging conditions for salmonids and their prey species in the project area over the existing condition. City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 13 Installation of spawning gravel in the nearshore area will provide the opportunity for shore spawning sockeye salmon and kokanee to utilize the project area and improves the areas potential for producing salmon over the existing conditions, Habitat (vegetated shallows): Coverage by the Thru-flow decked pier would decrease light transmission to vegetated shallows, which are components of habitat quality for juvenile fish. As discussed above, aquatic vegetation was primarily composed of invasive milfoiI. The proposed pier would cover previously open water areas, but would allow light availability to the benthic community below the structure via the installation of Thru-flow grated panels. However, the removal of the existing swim float will return the area beneath to a more natural state, limiting the net increase of impacts to vegetated shallows. Whether the decrease in light availability and potential decrease in milfoil density or abundance in the action area would have any significance for juvenile salmonids has not been clearly established. Considering that the production of juvenile salmonids in Lake Washington is not presently limited by food supply (Koehler and Beauchamp 2004), it is unlikely that decreases in vegetation density or abundance in the area would significantly affect food availability for juvenile salmonids. Other Effects For all other pathways and indicators not specifically mentioned above, the activity would not alter the present environmental baseline. Avoidance The elevated fixed pile piers with grated decking, absence of deck skirting, and positioning of the piers as far offshore as practical provides the best alternative for pier construction at this site and produces a negligible amount of impact to the lake biota and shoreline buffer. Mitigation and Habitat Enhancements Approximately 800 ft2 of shoreline buffer areas will be planted with native vegetation leading to improved shoreline conditions from those currently found at the site. • 25 yards of salmon spawning gravel will be placed along the shoreline enhancing the opportunity for shore spawning sockeye salmon to utilize the area and improving the conditions from those currently found at the site. References: Fonseca, M.S., W.J. Kenworthy, and G.W. Thayer. 1998. Guidelines for the conservation and restoration of seagrasses in the United States and adjacent waters. NOAA City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 14 Coastal Ocean Program Decision Analysis Series No. 12. NOAA Coastal Ocean Office, Silver Springs, MD. 222 pp. Goetz, Fred. Fishery Biologist, U.S. Army Corps of Engineers, Seattle District. Personal communication, e-mail to Dan Nickel (The Watershed Company), 14 May 2004. Gregory, R. S. 1494. The influence of ontogeny, perceived risk of predation, and visual ability on the foraging behavior of juvenile Chinook salmon. In Theory and application in fish feeding ecology. Edited by D.J. Stouder, K.L. Fresh, and R.J. Feller. The Belle W. Baruch Library in Marine Science Number 18. pp. 271-285. Kitano, J., D.I. Bolnick, D.A. Beauchamp, M.M. Mazur, S. Mori, T. Nakano, and C.L. Peichel. 2008. Reverse evolution of armor plates in threespine stickleback. Current Biology. 18:1-6. Koehler, M., and D. Beauchamp. 2004. Early Feeding and Energetics of Lake -Rearing Chinook Salmon in Lake Washington. 2004 Greater Lake Washington Chinook Workshop, City of Seattle, Washington. 2 February 2004. Mazur, M.M., and D.A. Beauchamp. 2003. A comparison of visual prey detection among species of piscivorous salmonids: effects of light and low turbidities. Environmental Biology of Fishes. 67.397-405. Mazur, M.M. and D.A. Beauchamp. 2006. Linking piscivory to spatial -temporal distributions of pelagic prey fish with a visual foraging model. Journal of Fish Biology 69 (1): 151 -175 - National Marine Fisheries Service (NOAA Fisheries). 2003. Endangered Species Act — Section 7 Consultation, Biological Opinion and Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Captain, new pier and bulkhead in Lake Washington, Mercer Island, Washington. NMFS Tracking No.: 2002/01000. National Marine Fisheries Service, Northwest Region, Washington Habitat Branch. 3 October 2003.24 pp. U.S. Federal Register Volume 70, No. 123, 28 June 2005, Final rule. Endangered and Threatened Species: Final listing determinations for 16 ESUS of West coast salmon, and final 4(d) protective regulations for threatened salmonid ESUS - Oncorhynchus tshawytscha. Volume 70, No, 170, 2 September 2005, Final rule. Endangered and Threatened Species; Designation of critical habitat for 12 evolutionarily significant units of west coast salmon and steelhead in Washington, Oregon, and Idaho - Oncorhynchus tshaunytscha. City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 15 Volume 72, No_ 91, 11 May 2007, Final rule. Endangered and Threatened Species: Final Listing Determination for Puget Sound Steelhead. Volume 71, No_ 60, 29 March 2006, Proposed rule. Listing Endangered and Threatened Species and Designating Critical Habitat; 12 -Month finding on petition to list Puget Sound steelhead as an Endangered or Threatened species under the Endangered Species Act. _Volume 70, No. 185, 26 September 2005, Final rule_ Endangered and Threatened Wildlife and Plants-, Designation of critical habitat for the bull trout. Volume 64, No. 210, 1 November 1999, Final rule. Endangered and Threatened Wildlife and Plants; Determination of threatened status for bull trout (Salvellnus confluentus) in the coterminous United States. Volume 69, No. 73, 15 April 2004, Notice of establishment of species of concern list. Endangered and Threatened Species; Establishment of species of concern list, addition of species to species of concern list, description of factors for identifying species of concern, and revision of candidate species list under the Endangered Species Act. Puget Sound/Strait of Georgia coho salmon (Qncorhynchus kisutch). Please call if you have any questions or if we can provide you with any additional information. Sincerely, V -a Ryan Kahlo Ecologist The Watershed Company Dan Nickel Environmental Engineer The Watershed Company L) FI P, LL Q LL U: JERRY BRENNAN PIER PERMIT KENMORE RENTON LAKE MAP/NO SCALE APPLICANT: JERRY BRENNAN SITE ADD. 3405 LK WA BLVD N RENTON, WA 98056 MAIL ADD. SAME AS ABOVE PAGE:1 OF 11 DATE: 02/04/2010 AD N 38TH ST N 37TH ST 405 N 36TH ST N 36TH ST N 35TH ST 2 Q z w SITE N 34TH 57 �o w � a. W r N 33RD PL 3 z m N 33RD ST N 32ND ST N 32ND ST N 31 ST ST VICINITY MAP/NO SCALE SEC: 31 -24N -05E LAT: 47' 31' 21.8204" LONG: 122' 22' 19.1722" EWE LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX: 1. COVER PAGE 2. EXISTING SITE PLAN 3, EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6. 60' DOCK: PROPOSED TOP AND ELEVATION VIEW 7. 60' DOCK: PROPOSED PROFILE 8. 12' DOCK: PROPOSED TOP AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10, 12' DOCK: SECTION VIEW 11. CONSTRUCTION DETAILS PAGE 1 /11 ADJACENT OWNERS: PROPOSED: CONSTRUCT A NEW 60' PIER; Q JERRY BRENNAN REBUILD A SMALL 6'x12' PIER; 3411 LK WA BLVD N RELOCATE EXISTING JETSKI LIFT. Q MARILEE KARNOFSKI PURPOSE: PROVIDE MOORAGE AND 3401 LK WA BLVD N MAINTAIN NATIVE VEGETATION INTEGRITY LOCAL JURISDICTION: CITY OF RENTON DATUM.-C.O.E. 0,0' EST. 1919 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKSOMARINELLC.COM im FAX: (425) 576--8669 "mywr st � ami a"mo m wmmfr ILLJ L7 0 no� a C, w S. 6,9 Li I _ ,_ _ • •-fir, •-t:,rnr'--+ rcn LLI r 3SnO� [p [p oa o0 IN �I t1 to N eqt LLJ z a. Iii W � uz -3r, Jottj�ym "•��•. I li N � � II � '- p `Oma' _ ". ry "•ti, _• E-+IUr ?C/)\ Ji 3�b / It N 1 ` N?Opy O co It S I z I ¢ 71b ro m .� U 00 d0 e :o• Sl W Y G;• :}. U C O epi y v U d d (] .4 °c co r co J �o �l x o m r 2 x. �1 0. 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' z F- >< O o X LO 1 1 uJ�' \1J¢ W O� U w O N w a. OcoT o a E-1 Cl. �rl co z 3 cj In IL�f 1, Q7 a r Z W Li C7 u7 w p W a�U �� -71 , ,.s CL 00 o o : g 1-1 Y �oLLJ LLJ � a 1 .0 H l~f7 Fw-- w C -[X O7 X O CL 0 O C- N r 1 00X wm aC7 CL ar w �C m l _J OI[R ��f#9 s =lira fR1A CHICAGO TI' INSURANCE COMPANN 701 F1FTH AVENUE, #2300, SEATTLE, WA 98104 Order No.: W1305925 PROPERTY ADDRESS: WASHINGTON Your No.: BRENNAN SHORT PLAT JERRY BRENNAN 3405 LAKE WASHINGTON BOULEVARD NORTH RENTON, WASHINGTON 98056 ATTN: 1/1 Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. 'll'I'LE UNIT6 TELEPIIONE: (206) 62&5670 FAX (206) 628-4717 TOLL FREE: (800) 627-0530 DARYL SAVIDIS SENIOR TITLE OFFICER AND UNrr MANAGER (E-MAIL: DARYI..SAVIDIS@(7I"I".COM) DAVID P. CAMPBELL SENIOR"ITI'LE OFFICER (E-MAIL: DAVID.CAMPBELL@=.COM) KErFH FISENBREY TULE OFFICER (E-MAIL: KEM1.EISENBRE4YQa CrT.COM) MIKE HARRIS TITLE OFFICER (E-MAIL: MICRAEL.HARRIS@CIT.COM) Trn.i ri5/KDAIa,9s ICAGO TITLE INSURANCE COMPAT 3400 COLUMIA CENSER, 701 9TH AVE SEATTLE, NA 48104 Girder No.: 1305925 SHORT PIAT CERTIFICATE Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of KING County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KING County, to -wit: VESTED IN: EXCEPTIONS: SEE SCHEDULE A (NEXT PAGE) SEE ATTACHED EXHIBIT SEE SCHEDULE B ATTACHED CHARGE: $350.00 TAX: $ 33.25 Records examined to May 2 6, 2 010 at B-00 A.M. By S HPLATA /12-594/ EK 'ICAGO TITLE INSURANCE COMPAI SHORT PLAT CERTIFICATE SCHEDULE A (Continued) VESTED IN PARCELS A AND B: Order No.: 1305925 GERALD F_ BRENNAN, ALSO APPEARING OF RECORD AS JERRY BRENNAN AND MARY E_ BRENNAN, HUSBAND AND WIFE PARCELS C AND D: JERRY F. BRENNAN, WHO ALSO APPEARS OF RECORD AS GERALD FRANCES BRENNAN AND MARY E. BRENNAN, HUSBAND AND WIFE; GERALD KARNOFSKI AND MARILEE E. KARNOFSKI, HUSBAND AND WIFE; CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T. BRENNAN, EACH AS THEIR RESPECTIVE SEPARATE ESTATES, ALL AS THEIR INTERESTS APPEAR OF RECORD, AND MARILEE KARNOFSKI, PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEJREST OF A SPOUSE OR DOMESTIC PARTNER, IF MARRIED OR A MEMBER OF A DOMESTIC PARTNERSHIP ON FEBRUARY 22, 2008 AND OCTOBER 2, 2009, THE DATES OF ACQUIRING TITLE, AS TO ADDITIONAL INTERESTS IN IMPROVEMENTS LOCATED ON PARCEL C C:1IICAGO "ITll.r', JNSURANCE COMPANY ICAGO TITLE INSURANCE COMPA' SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL A: Order N0„ 1305925 ALL THAT CERTAIN PARCEL 1 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155 UNDER RECORDING NUMBER 9901299008, LYING IN GOVERNMENT LOT 3 OF SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M_, IN KING COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01048'16" EAST 2455.27 FEET; THENCE NORTH 88011'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20004'48" WEST ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04026'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72018'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE; THENCE NORTH 24057'59" EAST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 209.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 24057'59" EAST, ALONG SAID SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE A DISTANCE OF 86.94 FEET; THENCE SOUTH 70040'47" EAST 96.51 FEET TO A POINT 25.0 FEET NORTHWESTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTH 20005'21" WEST, PARALLEL WITH SAID MAIN TRACK CENTERLINE, 83.58 FEET; THENCE NORTH 72018'09" WEST 103.98 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155 UNDER RECORDING NUMBER 9901299008, LYING IN GOVERNMENT LOT 3 OF SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01048'16" EAST 2455.27 FEET; THENCE NORTH 88011'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20004'48" WEST ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04026'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72018'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SEE NEXT PAGE Cf H[AGO "ITI'LE INSURANCE COMPANY C NGO TITLE INSURANCE COMPANY Policy No.: 001305925 ...TENDED MORTGAGEE LEASEHOLD, OLICY SCHEDULE A (Continued) LEGAL DESCRIPTION MOUNTAIN VIEW AVENUE; THENCE NORTH 24057'59" EAST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 113.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 24°57'59" EAST, ALONG SAID SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE A DISTANCE OF 95.77 FEET; THENCE SOUTH 72018'09" EAST 103.98 FEET TO A POINT 25.0 FEET NORTHWESTERLY, AS MEASURED AT RIGHT ANGLES FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTH 20005'21" WEST, PARALLEL WITH SAID MAIN TRACK CENTERLINE A DISTANCE OF 89.04 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY, ALONG A LINE CONCENTRIC WITH AND 25.0 NORTHWESTERLY, AS MEASURED RADIALLY FROM SAID MAIN TRACK CENTERLINE AND ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1552.21 FEET, THROUGH A CENTRAL ANGLE OF 00013'23", AND AN ARC DISTANCE OF 6.04 FEET; THENCE NORTH 72018'09" WEST 112.12 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: ALL THAT CERTAIN PARCEL 3 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155 UNDER RECORDING NUMBER 9901299006, LYING IN GOVERNMENT LOT 3 OF SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01048'16" EAST 2455.27 FEET; THENCE NORTH 88011'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20004'48" WEST ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04026'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72018'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE AND THE TRUE POINT OF BEGINNING; THENCE NORTH 24057'59" EAST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 113.97 FEET; THENCE SOUTH 72018'09" EAST 112.12 FEET TO A POINT 25.0 FEET NORTHWESTERLY, AS MEASURED RADIALLY, FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTHWESTERLY, ALONG A LINE CONCENTRIC WITH SAID MAIN TRACK CENTERLINE AND ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1552.21 FEET, THROUGH A CENTRAL ANGLE OF 04017.'18" AND AN ARC DISTANCE OF 113.46 FEET; THENCE NORTH 72018'09" WEST 117.23 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D. ALL THAT CERTAIN PARCEL AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN QUIT CLAIM DEED RECORDED UNDER RECORDING NUMBER 20001218000913 AND LYING WITHIN GOVERNMENT LOT 3 OF LEGAL/RDA/0W9 C ACO TITLE INSURANCE COMPANY Policy No.: 001305925 EXTENDED MORTGAGEE LEASEHOLD POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION SECTION 3, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, AND FURTHER DESCRIBED FOR REFERENCE AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01048'16" EAST 2455.27 FEET; THENCE NORTH 88011'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20004'48" WEST ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04026'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72018'09" WEST 186.95 FEET TO AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 72018'09" EAST 122.26 FEET TO A POINT 20.0 FEET NORTHWESTERLY, AS MEASURED RADIALLY, FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTHWESTERLY ALONG A LINE CONCENTRIC WITH SAID MAIN TRACK CENTERLINE AND ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1552.21 FEET, THROUGH A CENTRAL ANGLE OF 04°11'18" AND AN ARC DISTANCE OF 78.81 FEET; THENCE NORTH 59028'15" WEST 120.53 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE; THENCE NORTH 24057'59" EAST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 51.65 FEET TO THE TRUE POINT OF BEGINNING. LFOA L/RDA10699 CHICAGO TITLE INSURANCE COMPANY Order No.: 3305925 SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL, EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B_ Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. 1. Reservations or exceptions in patents or in Acts authori7ang the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes_ J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). SHPIAVHJU31694/s C141C AGO 11TI-1; INSURANCE COMPANY ICAGO TITLE INSURANCE COMPA° Order ND.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS AY 1. REVERSIONARY RIGHTS, IF ANY, ARISING FROM DEEDS RECORDED UNDER RECORDING NUMBERS 71370, 83395, 287093 AND 292817. g 2_ EXCEPTIONS AND RESERVA'T'IONS CONTAINED IN DEED FROM THE STATE OF WASHING'T'ON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY; RECORDED UNDER RECORDING NUMBER 388916. I s x L m 3. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: RECORDED: RECORDING NUMBER: LAKE WASHINGTON LAND COMPANY FEBRUARY 3, 1904 287093 4. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000618 AFFECTS: PARCEL B 5. EASEMENT AND THE TERMS AND CONDFTIONS THEREOF: RESERVED BY: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PURPOSE: FIBER OPTIC LINES AND COMMUNICATION LINES AREA AFFECTED: PARCEL B RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000618 6. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: 101 ;1*lz9 THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY CHICAGO 1111,E INSURANCE COMPANY ICAGO TITLE INSURANCE COMPA7 Order No.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000620 N AFFECTS: PARCEL A 0 7- EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PURPOSE: FIBER OPTIC LINES AND COMMUNICATION LINES AREA AFFECTED: PARCEL A RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000620 P 8. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000621 Q AFFECTS: PARCEL C x 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PURPOSE: FIBER OPTIC LINES AND COMMUNICATION LINES AREA AFFECTED: PARCEL C RECORDED: JUNE 17, 1999 RECORDING NUMBER: 19990617000621 s 10. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: THE BURLINGTON NORTHERN AND SANTA FE Sl I P IA TB3 / 12-12.96/ EX CHICAGO'I1TLE INSURANCE: COMPANY TCAGO TITLE INSURANCE COMPAI Order Nn.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS RAILWAY COMPANY RECORDED: OCTOBER 30, 2000 RECORDING NUMBER: 20001030400428 r AFFECTS: PARCEL D a 11. EASEMENT AND THE TERMS AND CONDI'T'IONS THEREOF: RESERVED BY: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PURPOSE: FIBER OPTIC LINES AND COMMUNICATION LINES AREA AFFECTED: PARCEL D RECORDED: OCTOBER 30, 2000 RECORDING NUMBER: 20001030000428 v 12. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND: JERRY BRENNAN, MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T- BRENNAN RECORDED: JUNE 28, 1999 RECORDING NUMBER: 19990628001966 x 13. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, J42lMES P. BRENNAN AND MARY T. BRENNAN AND: JERRY BRENNAN RECORDED: JUNE 28, 1999 RECORDING NUMBER: 19990628001967 x 14. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: MARILEE E. KARNOFSKI, CYNTHIA B. SHPIA7B3/ 11-12-90/F:K CHICAGO "IiTLE INSURANCE COMPANY ICAUU TITLE iNSURAINC E C OMFAI Order No.: 1305925 SHORT PIAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS MCMAHON, JAMES P- BRENNAN, MARY T. BRENNAN AND JERRY BRENNAN AND: JERRY BRENNAN RECORDED: JUNE 28, 1999 RECORDING NUMBER: 19990628001968 r 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY PURPOSE: ONE OR MORE UTILITY SYSTEMS AREA AFFECTED: THE EASTERLY 10 FEET OF PARCELS B AND C RECORDED: JANUARY 29, 2009 RECORDING NUMBER: 20090129000823 z 16- EASEMENT AND THE TERMS AND CONDITIONS 'THEREOF: PURPOSE: WATER LINE AREA AFFECTED: THE EASTERLY 10 FEET OF PARCELS B AND C RECORDED: FEBRUARY 19, 2010 RECORDING NUMBER: 20100219001446 AA 17. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SURVEY RECORDED UNDER RECORDING NUMBER 9901299008. AP AFFECTS: PARCELS A, B AND C AC 18. LETTER OF PERMISSION, INCLUDING THE TERMS AND PROVISIONS THEREOF: RECORDED: JANUARY 22, 2010 RECORDING NUMBER: 20100122000553 AD AFFECTS: PARCEL A Ar 19_ ANY PROHIBITION OR LIMITATION OF USE, OCCUPANCY OR IMPROVEMENT OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW OR HAS BEEN FORMERLY COVERED BY WATER - AC 20. PARAMOUNT RIGHTS AND EASEMENTS IN FAVOR OF THE UNITED STATES FOR COMMERCE, NAVIGATION, FISHERIES AND THE PRODUCTION OF POWER. SH F[A11B3/ U. EK (:Fl1(AGU'Iln-E INSURANCE COMPANY AB Al AJ ICAGO TITLE INSURANCE COMPAI Ordcr No.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS 21. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS GENERAL & SPECIAL TAXES AFFECTS: PARCEL A 2010 312405-9074-02 2100 $ 963,000.00 $ 593,000.00 BILLED: $ 17,315.83 PAID: $ 8,657.92 UNPAID: $ 8,657.91 22, GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS GENERAL & SPECIAL TAXES: AFFECTS: PARCEL B 2010 312405-9075-01 2100 $ 1,029,000.00 $ 47,000.00 BILLED: $ 11,977.91 PAID: $ 5,988.96 UNPAID: $ 5,988.95 23. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS GENERAL & SPECIAL TAXES 2009 312405-9076-00 2100 $ 1,305,000.00 $ 30,000.00 BILLED: $ 13,300.74 PAID: $ 0.00 CHICAC,U'I" "LE INSURANCE COMPANY SH PLAllj3/ 12.12-901 H K ICAGO TITLE INSURANCE COMPA' SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS UNPAID: $ 13,300.74 AFFECTS: PARCEL C Order No.: 1305925 AK 24. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS GENERAL & SPECIAL TAXES AFFECTS: PARCEL C 2010 312405-9076-00 2100 $ 1,109,000.00 $ 20,000.00 BILLED: $ 12,567.30 PAID: $ 0.00 UNPAID: $ 12,567.30 AL 25. SPECIAL TAXES FOR SURFACE WATER MANAGEMENT AND/OR OTHER SPECIAL CHARGES: 1ST HALF DELINQUENT MAY 1ST, 2ND HALF DELINQUENT NOVEMBER IST: YEAR: 2010 AMOUNT BILLED: $ 13.00 AMOUNT PAID: $ 13.00 AMOUNT DUE: $ 0.00 TAX ACCOUNT NUMBER: 312405-9004-07 LEVY CODE: 2100 AO AFFECTS: PARCEL D AND OTHER PROPERTY AM THE GENERAL REAL ESTATE TAXES ARE ASSESSED AS OPERATING PROPERTY UNDER MASTER TAX ACCOUNT NUMBER 970490-0751--02. AN 26. GENERAL REAL ESTATE TAXES ASSESSED UNDER AN INTERSTATE OPERATING PROPERTY TAX SYSTEM, AFFECTING ALL OPERATING PROPERTY OF THE TAXPAYER IN THE LEVY CODE AREA: YEAR: 2010 TAXPAYER: BNSF MASTER TAX ACCOUNT NUMBER: 970490-0751-02 LEVY CODE: 2100 - - SHP1 A-FR3/12-1290/EK CHICAGOITIlE [INSURANCE COMPANY AP AQ ICAGO TITLE INSURANCE COMPAT SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS ASSESSED VALUE -LAND: $ 1,143,754.00 ASSESSED VALUE -IMPROVEMENTS: $ 0.00 GENERAL TAXES: BILLED: $ 12,719.30 PAID: $ 6,359.65 UNPAID: $ 6,359.65 AFFECTS: PARCEL D AND OTHER PROPERTY 27. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: Order No.: 1305925 GERALD F. BRENNAN, ALSO APPEARING OF RECORD AS JERRY BRENNAN AND MARY E. BRENNAN, HUSBAND AND WIFE CHICAGO TITLE INSURANCE COMPANY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR L.ANDOVER MORTGAGE, LLC, A WASHINGTON LIMITED LIABILITY COMPANY $ 417,000.00 MARCH 29, 2010 APRIL 5, 2010 20100495001088 LM1002043696 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AFFECTS: PARCEL B Alt 28, THE LEGAL DESCRIPTION IN THIS CERTIFICATE IS BASED ON INFORMATION PROVIDED WITH THE XPPLICATION AND THE PUBLIC RECORDS, THE PARTIES RECEIVING THIS CERTIFICATE MUST NOTIFY THE TITLE INSURANCE COMPANY IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. AS NOTE 1: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY SHPL TR3J12.iZ.90JEK CI IIC:AG0 1111.E INSLRANCP. COMPANY ICAGO TITLE INSURANCE COMPAF Order No.: 1305925 SHORT FLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS RECORDER'S OFFICE WEBSITE AT WWW.MIRTROKC.GOV/RECELEC/RECORDS AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIP'T'ION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PARCELS 1-3 OF SURVEY RECORDED UNDER RECORDING NUMBER 9901299008; AND PORTION OF GOVERNMENT LOT 3 IN THE SOUTHEAST QUARTER OF SECTION 31-24-5. END OF SCHEDULE B SN PLA'M3/ 12. l 2-90/ EK CliIC:AGO'ITFLE INSURANCE COMPANY lCA(iU lllLlvMbUKANUV-LUIVIFAI Order No.: 1305925 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS AU THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS CERTIFICATE: EASTSIDE CONSULTANTS INC. 1320 N.W. MAIL STREET, SUITE B ISSAQUAH, WASHINGTON 98027 ROBERT J. BOGDON, PLS 1/1 (425)392-5351 JERRY BRENNAN 3405 LAKE WASHINGTON BOULEVARD NORTH RENTON, WASHINGTON 98056 {425}277-4644 1/1 CHICAGO TITLE INSURANCE COMPANN SI I PIATB3/ 12.12.90/ EK CHICAGO TI'1 �.: INSURANCE COMPANv 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 PHONE: (206)628-5610 FAX: tgfir)A-)Lwt7 IMPORTANT. This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land" No liability is assumed by reason of reliance hereon. PTIN SE '/ OF SECTION 31-24-5 _� '+a• sou.•. -o. wl n.. ---- - �.r .. _ - _ �. 4p V l fi V: I .w+rL.Ye, S I W 1 z . Q 1 - Sk 89TH. 5T $ r1 t tiy<a9. .. h S F 90T1, ST - - - •. Nor OPE 0. MAP of WHEN RECORDED RETURN TO: JERRY-BRENNAN 465 LXk--WASH. BLVD. N. l(ENTON, WA 98056 "IM&MENT AGREEMENT ra . ikt ke o'r: 4UL kVNTHIA B. MCMAHON, G E. KARNOFSKI, JAMES P. BRENNAN AND JERRY BRENNAN Grantees: i1F*-)RY-'BRiNNAN Legal Description: All the cer.tiiin pd l 3.,as shown on plat of Boundary Survey for Jerry Brennan Railroud L"se AcqtAsition, f6corded January 2-9,,,,,1999 in Book 127 of Surveys at Page 155, as'iecor4ees -&r11fic*t`e-N'o. 9941-29900k- R*oTds of King County, Washington, lying in Secti4n 11,.-Towilship 24--:-'..Notty4 Ranie 5 Fast, Willamette Meridian, King County, Washingioi�'firtfier de$cfibe ; d. fo , r rfernce as follows: Assessor?&;Tax Parcel ID # 312405-4062-06 -,312405-906147 ims """EASEMENT AGREEM6"4T-,-..is!' made.' and--t-atei'ed i* as Of 1, -K 1999, by and between MAPJLEE.-'4.V,. RAANOV$. CYNTHIA B. MCMAHOK, JAMES P. BRENNAN, MARY .."T.1 T 9RENNO AND $ERRY � BRENN-A,N,.'-"w:hose address is 1520-10" Pl. N. Edmonds i�A' 9802O."C' Orant e o ') and .':' J)ERR'V BRENNAN whose address is 3405 Lake Washington; O'IvdRenton, 'Was RECITAL Grantois are tor currc t ownerspf that certain real property located in the County of King, State of Waihi4.. and-ft�Dre particularly described in ExhibAts A & B. attached hereto (the "Pr,6'-porty")-:'. Grantee d6i es...,to construct and maintain an access roadway (collectively, the '�•oadwaj") on a portion of the Pt6perty and Grantor has agreed to grant to Grantee an easement fdr sla pu.rpoe's on the term's conditions contained in this Easement Agreement. AGREEiIE'T NOW THEREFORE, in considerati6n....of. dw premises ar# other er valuable consideration, the receipt and adequacy of mihic4 ari hereby. acknowledged,parties hereby agree as fifflows: 1. Subject to the terms and conditions of this Ehsewnt Agreeiftent, Grant .......... hereby grants and conveys unto Grantee, an easement (the "Easeinent") construct and maintain an access roadway on the portion of EXCISE T-AXPOT REQUIRED Id .-jS KM KING Ty, BROWN 9AS 17.ft not use the Easement for any purpose other than as expressly perrnmea nerem. 2. Any and all cuts, fills, excavations or embankments necessary for the construction, maintenance, or future alteration of the Roadway shall be made and maintained in such manner, form and extent as will provide adequate drtairiage of and from••the adjoining property of Grantor and any other adjacent property, ovvnei; arid wherever any such fill or embankment may obstruct the natural and pre-existin& dragiage -from any adjacent property, Grantee shall cvnshvct -and: inaihtain s h �culve0s.: or.Arains as may be necessary to preserve stch natural and' pre xiging dtainege, and shall also, wherever necessary, and suh*t to.:the prior.. itteb appruval,ofGrantor as to the location thereof, which approval tray, be: "give or,'Id in Grantor's sole discretion, construct extensions of existing,drrafiv% culve0s or_ditches through. or along the Easement Property, such'extensions to be of,adcquate sectional 4frnCnsions to preserve the present flowage of drainage .-6r.:"other-.:, waters,,... W with materials and workmanship ofgoo--q Wi6 3. Grantee shall bear the cost of rerrloval,...relocatn of reconstruCtjon of an::and all right of way fences, telephone.. or telegraph poles`n�r�'other`;#'acilites'the removal, relocation or reconstructian..af which: ma?j► ' - .mde nec-essq by reason of the use of the Easement Property fOr Ropurposes: 4. ::braE tee hereby agrees to indemnify, defend, and `save' and h6ld:lbarmless the Grantor; "Parties from and against, any and all claiim .,Zeafartds, judgments, lasses,,,coms" and>..expenses, for injury to or death of, or bss or damage to the :-Trope tt o any parson or persons whomsoever, including the -parties hereto, in any manner arisingg out of or resulting from any act or omission, negligent or :.:_.otfierwise " of Granfee,•6f'any, of its successors, assigns, licensees or invitees, or any person,.or persons whomsoever, in connection with the entry upon, occupation or we.of tW 1,aseinent.Property or the Property, including but not limited' --to tbt of the to bn ` construction, operation, restoration, repair, renewal, or maiurter�nce of the Roadway, upon the Easement Property or otherwise. 5. Grantor does not wari'aiit its title tQ.;*the::Easenent+ Prpperty nor undertake to defend Grantee in the peaceable possessions uaeIor erij6ym pt thereof; and the grant herein made is subjeCt-Jo• :all outgandiing rights or ititerest of others, including the tenants and 6censeea.,of t,raritor' 6. This Easement Agreement shall bind and. in! to the benefit of -,the parties hereto and their respective successors and assigns, This F emgiit-:,Agreement :. together with the exhibits attached hereto, all of'ivhieh are Ync4sipar�►t re : `` .: by reference, constitutes the entire agreement of tie;:parties :retitrg .to t Easement and shall not be amended or modified except by a writing earecute by the parties hereto. - 1999Ocie00 f 966 -2- PAGE sm'or eig ed�28�i999 13:59 ' KING COUNTY, UP BREMNRN EAS 17 00 EXHIBIT "A" ' Asseksor's Tax Parcel ID # 312405-9062-06 :`All:thgt certain parcel ..'as'shown an plat of Boundary Survey for Jerry Brennan Railroad .ease A6 4isition tecor�iead January 29, 1999 in Book 127 of Surveys at Page 155, -`as .�erorder's Certificate No.. x99012'9'9005, Records of King County, Washington, lying....iti �ctian I1, to (ship :24;>1Varth;;' R e 5 East, Willamette Meridian, King County, Washington,;.fiatl er d gibed for ken' Tace as follows: Commencing at'the Southeast cmner.;4:f said..Scction 31; thence North 01'48'16" East, 2455.27 feet; thence North"88°1:1'44' West, X41.34 -feet to a brass disk in the centerline of Lake Washington Boulet+ard;,_iherace goutl 2i}°04'4$" West,' slung said centerline of Lake Washington Boulevard,,.' 405 39..�ieet: to a brass disc a4die point of curve to the right; thence along said curve,..ta the right; a. radius df 1602.25 feet, through a central angle of 04°26'44", an arc 1h of 124.32 feed, thence Nth 72°18'09" West, 186.95 fW..to a point on the Southeasterly::line.:of:Mountain:Vie* Avei* and the'.True Point ofbeginuing; thence North 24°57'59".;.East al ng said, Southeasterly Ingle a.:distance of 11 :97 feet;::-.: thence South 72° 1S'09"''°east; I12.12 feet ta,..,a' point ..2 fcet Nortbw' estoly, as radially from The Burlington.�lorthem.and Sawa re Railway Co*� ant''`s (arm rly Northern Pacific Railway Compariiy) eat4le $ett liine;Mairn Track ceaterlin�, as::now=:located and constructed; thence Southwesterly along.:a Sine concentric with said Mai -in T�eack centerline and along a curve concave Nortlrwastefly.I avirig a radius Of 15-52.2I.::'16e4.: centra"I"Ugle of 04°11' 18", and an are distance 'of.;i 13-:46„•feet; thence Nort1i U. D.I 8'09".. -West, 117: 3 feet to the True Point of Beginning. E HIBIT Assessor's Tax Paircel #' 1% All that certain pai�el 2:,&sown on pw.:,Of Boundary Survey for Jerry Brennan Railroad Lease Aaluisntiori�• :recorded January 24, 1:999 in :13 k 127 of Surveys at Page 155, as Recorder's Certificate `1 6”. 93'01299008, RcOids 4 Kifig County, Washington, lying in Section 31, Township 24 North; ­i"e S East;.; Wilmette Meridian, King County, Washington, further described1QuMerenco'as follows: Commencing at the Southeast corner of said `Se�. iort' 31;---the&e �iorth .01 °48`16" East, 2455.27 feet; thence North 88011'44" West, 41.34'feet to"a biass.:tiisk it the Cgnteriine. of Lake Washington Boulevard; thence South 20°04'48t..W:est,;..:Wo:`said;`t Oterline of. Lake Washington Boulevard, 405.39 feet to a brass disk' and -:'the:':' point .afurve to the: right; thence along said curve to the right, having a radius of..f642.25'..feet, At qugh„a central angle of 04°'26'44", an arc Length of 124.32 feet; thence Noith 72-1 West, 186.95 feet to a point on the Southeasterly line of Mountain View Avei*..t .then6e North' 1.999@6�88�� 960` -9- PAGE 9". Or e16 eze�s Is et' KING COUNTY, uA;. BREMMM EAS 17 00 24957'59" East along said Southeasterly line a distance of 113.97 feet to the True Point of Begirming; thence continuing North 24*57'59" East, along said Southeasterly line of -MOunt4in-:View Avenue a distance of 95.77 feet; thence South 72*18'09" East, 103.98 floet to"a poiAt 25.0 feet Northwesterly, as measured at right angles from The Burlington North6to and Santa Fe Railway Company's {formerly Nodhem Pacific Railway Company) $eat&'Delt Line Main Track centerline, as now located and constructed; thence: `South= -'20105'2l7 West,"'ji*1 with said Main Track centerline a distance of 89.0+ o eel to a.,.calve; .,.thence Southwesterly concentric with and 25.0 feet ,p '6mt f Northwekedy'.--,�as nMWradially fro �rM In said Main Track centerline and along a curve concave Nbrthviesierly-""g a fathus 0 central f t'�52�21 feet, angle of 00*13'23", and an arc' dista 12 distance o 6.04 lett, North'. 8':09" West, 112.12 feet to the True Point of Beginni4:,::,, ? AC!! Through Fsxhibit A as follows: Conunencing aUthe Southeast corner of said:9ect 0114846",Sast, 2455;27 lbou therice North 88°11'44" West, 41.34 felt tq:..ia NiLss disk, in the cinterline of Lake' WaOiVon�� Boulevard; thence South 20*04'49"z'.'W6st, *long said centerline of Lake WO , shiWon.Boulevard, 405.39 fed to a brass disk Ad the `pointe 'of~ "curve to the right; .1hence aloAg said curve to the right, having a radius 'df..,1,602.25,teet,:-through a ientrat angle of.:04--26'44??, an arc length of 124.32 feet; thence North 1299'09" West, :'69.72'feet a.p` Dul, it on a c*Fye, the radius of which bears North 65°29'5t'" West 1552.21 fed, thence *fther,�y'abng �said curve to the left through a central angle'4 1 -50'42" an are'length-6f 4.0.46 to the Trup.-Point'.,of Beginning of said easement, thence Northerly along said curve to ft lei though a'pentral angle of 1150'42" an arc length of 70.00 feet; thence WWft, 15.00,.-feet to a point 40.0 feet Northwesterly, as measured radially, fro0 n., " The Our1*ihW I Noobem and Santa Fe Railway Company's . (formerly Northern :Tacifie Railway Corn pany) Sektle Belt Line Main Track centerline, as now located and constit ­'daence-�:gouihwcterjy W.Qng a tine concentric with said Main Track centerline and-.- ' along,,i concave Northwesterly having a radius of ­64 12starwt- ot: 1552.21 feet, central angle ori "I I I ts 4nd a� arc d';' 70 00 feet; thence South 72°18'09" East, 15.00 feet to the Trui6 Point`dfBegitriiing: .: EXHIBit �b- Through the easterly 10 feet of the property described in 19ihibit B ..... ...... - 1999862660 -10 PAGE ej�.(W ale 86,20,19§4 Is 89 KING COUNTY, DREMMAH EAS 1790 .Z Pugot s En.ergy, Inc. AG: RANDeParltment (K. McGill) .P.O. B"90a681 EST-06*1 Bellevue, Y{fi4 9O.M EAS9MENT REFERENCE GRANTOR-. GRANTEE: PUCPET3OtjND9NERG�y,ING-.f'- SHORT LEGAL: Portion ofPama1sA& 8, BOU . 6dMSwvQynwAx'dvd under KC Rea. #19994I299008 ASSESSOR'S PROPERTY TM I'ARCELE" 31240S -967S and 3124059076 For and in oxmiderallart of One 13011W.41.0.0) and 014'Valuable ccnsldarafioe in.hond paid, {`Grantor- herein), hereby conveys and warrants t4 PUGET SOUND ENERGY, INC., a Washington Corporation ('Grantee' heroin), for the purposes hsreinerfter let tbrlh,'a nw*xcJu%k perpe.WW "iSwnenl over,,:upoler, along, across, and thi"ll the following described real prop'*� hef"ein),In' County,'Washingtion,". PARCIL3, 2 AND 3, OF THE BOUNDARY SURVEY F0 J17tRY.:5REWW RAMMA D LrqkSE., ACQUISITION, RECORDED UNDER KING CQUNT'fAECOltDING Nt(# ER 19880iZ894�8. MG, STATE OP N.� Sii"TE IM -THE crry OF REN-mN, r-ouNTY OF WASMNG ' M Except as y to: qftjjnise set forth herein Grantee's s shall be exercised upon that portio . n of the Property ('E*$ement'AraA",tmmeiq) described as follows T14E EA§TERLY�p FEET C=W wscRwD REAL PRqpelitry. A" l.'Ourpose.:..3rantee.chalf-tLave the fight to use the Easement Area to con",- operate, maintain, repair. r"PFOW, 6rr ' M �' lifid . onlar& one or more utility systems for purposes of transmission,distribution and salla of gas 1 d elechidty,' Suci systems..'may 10ule, but are not 1inVW to. a DvertraAd faCtowers and oftr support structures with cFossarms, braces, guys and enchog% elktk tragii0hission and distribution goes; fiber optic cable and other Ones, cables and facilities llor:pommunkxi%p~i; be. �`rj, stlept fights, meters, fixtures, atUmftients and any and all other facMt&�s..orqppu,rt&Fonoss'neom�a7 .�.COrrvenient to any or ail of the foregoing; and. b. Underground lilxctio'm CondUlte, Hires, .ambles, vaults, switches and transftwmers for alemcity; Pim, O)ellings, q�, later; no.q latera oonkluft;'re44Wws and feeders for g"; fiw optic cable and other lines, cableand fedlbai�-Jor o$mrrrj - nic;ations-,' J�erni-buried or ground -mounted facilities and pads, manholes, meters, , -..fbftres. jittechmeffts arid spry and -all other facilities or appurtenances necessary or convenient toarty or # of the 1creltoing. Following the initial construction of all or a po" . of Its' sykems, Graeft may, from time to time, construct such additional facilities as it may require for sui0h sjd6Wm. 6ran�e shell. have theTight of ecoess to the Easement Area over and across the Property to amble Gtanllee.w exercise its tights hereijnd0r-.'%. ;.Grantee shell compensate Grantor for any damage to the Property caused by -the Wacillie of such right Of 800M by,'Gr4EIntee. 2. Easement Area Clearing and the: fight io cut; -rem ve and dispose of any and all bmh, trees or other vegetation In the Easement- Area. ats. ' �7hoOe the 4" to control, on a continuing basis and by any pnxient and reasonable means, #westabl!Mment OW growth of brush'.trees or other vegetation in the Easement Area. & Trees Outside Easement Anes. Grantee shall have the'AqM to girt, tfiim rarmve-and kpbse"Of any trees located an the Property outside, the Easement Area that could, In brarriee'jr stile jukighwnt, l9ledereW111i"or. create a hazard to Grantee's system. Grantee shall, prior to the exemse'vf WdfrigK idei*.-�� trees and'.. ....... ... make a reasonable effort to give Grantor prior notice that such trees wig be cWtrirdmed,:MM-ov . ik or d4o.sed of (exoW that Grantee shall have no obligation to identify such trees or give Grantors6Kh pow nduce 9heritees are cut. trimmed. removed or otherwise disposed of In response to emergency conditlons)-. Grantor shall ber,'ierrtitied to ' no cornpermation for trees cut. trimmed, removed or disposed of exceptfor the actual timber (if arry) cut and removed from the Prop" by Grantee. Brennan ResicW4e EK 1050526W 070M Page I of 4 .STATE OF WASHINGTON )SS COt..jNTYO ) On this .25A day of 20C�, C -TA-um 44Lq before me. a Notary Public in and for the Sfets:orf WsliOWon, duty oDrnmissioned and sworn, p&wpally appeared Mary E. Bremian• to me known to be the ihdiyklual(i) whtiexecuted the within and foregoing instrument, and acknowledged that she signed the same as her an untary.'.act and deed, for the uses and purposes therein mentioned. GIVEN U 4!V*j!igd uffH:;jaj seal hereto athe day and year in this certificate W above wrKW til name of Notary) 4C in and for the State of Washington, residing . 6M STATE OF WASHINGTON COUNTY OFS A-" \'I Sa' On —S� J aL 21)0.-beforervne� a Notary Public. in and for the State of Washington. duly oDmmiss�ed apd sWom. 0dowelly 66pedred Marllbd E Kannofsld, to me known to be the individuals} who executed the withift and fciwi�g jinstrufiient.anda*io� that she signed the same as her free and voluntary act and deed, for " uses ar, itf piur!30069 th".irrWtiio4d. GIVEN UNDE= my hand and official seal hereto "e� lhe'day, and yeai i -Piffica W, above 96to of waaftom (fig _ SEI—MA W" (Print or stamp name bf MY NOTARY PulycWtor Stoe ofWasNn"n, residing at 7- My Appointment Expires: x Z_ '7 STATE OF WAt SS CNNTY OF On day of;7 .2", before me, a Notary Public in and for the State of YVtaisdtinglort d I -Wied'and 10 sivwn personally appeared I'll I to roe known to be the signed this same as his IndWual(s) wift) I" foregoing,foregoing,i;;men(, W ockrxAMV. free and voEuntary ad and deed, fCT the =Z& WW purposes therein mentioned. h ER my -hand and qkw seat herd[4 affixeO I:W--day and year in this certificate above written. Notary PLAft Skft of wo"Vorl ARM WIENR My Aq)o� ftkm.Fdb 12; ftr .,fP"ordar0.yt=6ojiNoWrV). at` Brennan Residenoe 10-9052WO 1070M Pop 3 of SWe of Washington, residing 4, Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any ..i5urpace not ir=nslstent with the rights herein granted, provided, however, Grantor shall not construct or maintain any Vuiidings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grarttee's facilities without Grantee's prior written consent. 5,: Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a resuO of Orarltee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Gratltee W indeil)nify Grantor for that portion of any such liability athbufable to the negligence of Grantor or the hegligence of others. fa. AbandonrtreM The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area.far a peri 7of Eve (5) successive years, in which event, this easernent shall terminate and all rights hereFinder, and arty improvements remaBtir�`iel the Easement Area, shall revert to or otherwise become the property of Grantor; provided, hggwmw, that r16 abandonment shaft be deemed to have occurred by reason of Grantee's failure to: initialiy,lnstaq its yslelps Ori the Eawknent Area within any period of time from the date hereof. T.:SuLGeagors,and Aligns, OranteB shall Rave the right to assign, apportion or otherwise transfer any or all 'bf it$ rights,_ benefits, tri hUWs ak--Owests i8d" in and under this easement. Without i1miring the generalilji ibf the km.iWing, the rights and is Ig`sWrl*f ftie parties shatl inure to the benefit of and be binding upon their respective-successors and assign);?' DATED this day of [(✓ 2008. GRANTOR: F. Brennan : P— n� Y: BY: i..1�" — r(Q �j P. Brenrwir Ma rman BY: _ !P.11UclYlah m STATE OF WASHINGTON COUAITS'QF._) ...:.. On this'a day of j, AD 17 2008, before me, a NotaryFfublic in and for the Stafe'of Washington; •duly cofrflnisslaned and swom, personal y appeared Jerry F. Brennan, to me known to be the individu l(sjyvhb exf cuteiE the yrithiu andfiaiis®oung instrument and acknowledged that he signed the same as his ;free and voluntary act end deed, ","'Uses and-purposes therein mentioned. GIVEN UNDER my hand a'nd officla�'seat Wr.4Ao a .the daZrAarin this certificatefirst above written. 're o lkSMlkFMroMtIApIDr� `°.• c_. ll illiRtl lt)rlf rrt stfamprramei0f otiwy) M'sJil'ld,TU lJC in arrO lila State of Washington, residing rririmt Eoirft: V7LW Nderyw4 W wWM Mimsm hh.W.V-0. _ Brennan Residence 1050524861070992 Rage 2 of 4 ATATi` OF WASHINGTON ) ) SS COUNTY OF } On this %.< day of 2DM, before me, a Notary Public in and for the Stale of WaghiHgton, duly commissioned and swum, rally appeared James P. Brennan, to me known to be She individual(s) who executed the within and foregoing' strument, and aeknowiedged that he signed the same as his free orad voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER my hand slid otfirlal seal hereto alfoced the day and year in this certificate first above written. STATE OF WASHINGTON #' t s tC� n'l Ss COUNTY OFOn thisday of 20(� beforri'ale.`a Notary Public in and for the State of Washington, duly oommisaG ad af5d Syvom,.pedsanal(y'i3ppea6ed 11(.ry .Brennan, to me known to be the individuals) who executed the within arid,foreOing'lhs6megt, aM ack w4kdQ@d that she signed the same as her free and voluntary act and deed, for the uses and t 4TP6ses vrein'fttentiQtled.;:-' GIVEN 99;n?Expfrw i .the3aX artd yea(in thks ceitiHcatesiust above twitten. PutA i(Si9rd mp name iptNq(aiV U� in aria. bfnof Fiingli-, residing at My Appointme Expires: NOW $04 5W STATE of WASHIN&T ) )SS COUNTY OF'�""' On_thrs ^ day of. j~. 2 befvra me. a Notary Public in and for lite State of YJ�iffiirtgtori duly corramis�aned and a,iwm, ap�d cyndiia B. McMatton, to me known to be the Ind"oridual(s) who executed the.wiUiln and foregoing instrument, and admoMdedged that she signed the same as her free and voluntary actbnd dgad,-'f r the.o" and purposes therein mentioned. GIVEN UNDER d and Ql" sear hereto aObmh th e day and year in this certificate first above wrMen. QP�t NARY cultp �:^ .,� (Print or stampiname aENota No7ARY Puim I and�foatlte Slate of Washington, residing CHICAGO TITLE FM so-go PAGE-ftl OF "5 `-RETVRN-ADDRESS ,02/19/2610 TY!6:64 Jefl� C%M6P 3405 Lake N Renton WA-98056 G-RAK-:OFV LINEEASEMENT Q 4& I 6q 760 GRANTOR: Jerry F, B ' James, P. Brennan, Miry r, Brennan, Cyndft 0 McMahon GRANT--:-:.-, Jerry F Brennan, Mary E erenir-wn. SHORT LEGAL Portion of Parceft A & B, BoundiiiryWrvqy re?ked'Aler-n R6C. AssEss6R'S PROP:ERTY TAX PARCEL., 312405-9075 and 312405--0016 For and In considaf".a( One Dollar ($1.00) and other valuable con 'Jin hghd paid, -.-..:.Jerry F., 9ren7si Brennwi:.-M �Vr.� Brfinnan, Marilee E. Karnofski, James, P. _vy T. Brennan, Cynthia B. McMahon, ("Grantor" her*comie" ), Ppreby and warrants to Jerry F Brennan, Maty E Brennan ("Gra~ hwoft f6r4he ptap . Does 'hereinafter set forth,forth,a nonexcitmieasement perpetual easementt over, under, akxV, acmss,,irid thrd`UA'-!he-11011-6409 devAbed real property ("Property" herein) in King County, WMAW PARCELS 2 AND 3, OFTHE 186UNDA14Y SURVEY FOR-4ERRY BRENNAN RAILROAD LEASE A0QUISMON,*7ORQEUiJNPF-R 1KING CGUNnY RECORDING NUMBER SITUATE IN THE CITY OF RENTON, CQWNTY-'-'Of--IgNd,,-STATeOF-WASHINGTON. Except as may be otherwise se IbM herein Giaqtee"%'kghDs shaiibe*e"xi:- ordsed upwah*t portion of the Property ('Eseement: Area" herein} descrMW as THE EASTERLY TEN (10) FEET OF THE ABOVE DESCENBED RW PR . OPERt, Y WITH THE ROADWAY EASEMENT-,.':' ....... ... I Purpose. Grantee shall have the right to use the EamTwd Area b t6rsE --opaoft-.: maintain. repair. replace, improve, or remove a pipe line or multiple pipe Fmd-.Ibr use 1 .ft transmission and distribution of underground pat" water Page I of 5 EXCISE TAX NOT REQUMW.` 1111�. Ir By 2. easement Area Clearing and Maintenance. Grantee shall have the right to control, on a ovntinuing basis and by any prudent and reasonable means, the establishment and growth of brusk.trees or other vegetation in the Easement Area. 3; Graiibor's Use of anent Anes. Grantor reserves the right to use the Easement Area for any .purpose not inconsistent with the rights herein granted. 4. Mderrinity: "Gfa'ntee agrees th indeMnify Grantor from and against liability incurred by Grantor as a resultof.Grant'*'s n�ligenx in 6t exercise of the rights herein granted to Gn wtee, but nothing herein shalt require Grbhtee trt.4ndemnify Grantor for that portion of any such liability attnt�utsbie -V the negligenceof Gn;.rft or ttreesgligence of others. 5. Abar dortmer t: The l continue until such time as Grantee to use the Ea nt Area" for b per od�f five (6) sri�ssive years, in which wwrent, this easement shall terrrrinatit.opg4l rig.t is he neundar, and4pty.:irrvrovernents remaining in the Easement Area, shall revert to or otherwise bworrre.the pmoerty of Grantor; provided, however, that no abandonment shall be deem6d to ,Owe o --by reason of Granum'.% failure to initially install its systems an the Esseri►ettt An> within gr+iy petiod`af tir�n from the.. hereof. 6. Suommom and Assigns. Grants shah have., righ. to as Mrpgo0 rrtion or otherwise transfer any or all of its rights, ben-ots,:;priviteges anti int sts . in and under this easement Without limiting the genera�ty tfthe ftVI the rights::and,.obliga�tions of the parties shall inure:tp the benefit of and be binding'upoi� thelr.•re4rcti+ra suece ors artd ssigrrs. ' `= ;, DATED iris dslr ofQ2009. GRANTOR: 10 BY: Je renrrsrtr Brennan B James P. Brennan T. tan BY: . .:. Cyn is B_ n Mari 'Kaanofriiii = Page 2 of 5 STATE Of W I GTON ) COUNTY OF On -tIay gf., 'row bafare me, a Notary Public in and for the State of Washington, duty oorwnissioned and sworn* pwwwlty appeared Cynthia B McMahan, to me Wx wn to be the indiviaf mks) who executed the woo argil foregoing instrument, and acknowledged that he signed the sarneas:his free and voltufty ad and deed, for the uses and purposes therein mentioned. c3rvEWUNDER-fq hand and officW set henft o t6d the day and year in this certificate first agave writ. r1 f1fJlrrrrY� r off 01 1: ' V Of P118�-�� `r O �` _ : ' Pript or star ..' n&n*-bf Notary) CI 4=-1 '- •t1y~� �' '1+ NOTARY PUBLIC in a the of:m: �r�OF W P��j,+ :Arashingtion,_tingt:.. STATE OF WASHINGTON) COUNTY OF On the 7 day of ,pp, 00g, before me, a Notary Public in and for the State of Washington, duly:°oorrimissioned'and sworn, personally appeared .lames P. Brennan, to me known to be the in0Mduel(s)jAW-executed the withii foregoing instnunent, and acknowledged that he signed tht sarire as his free andoluntacyi act aid deed, for the uses and purposes therein mentioned. GIVEN ONGER my ha' w-irw,officie leaf hereto a4 xed the day and year in this certificate first abov4'*ritten. i r �• %NO • (Pring Stamp r" of Notary) �10 p 1y: NOTARY PItBLIC ir-r and.#ar.the State of R R. L i c Washington, residing i Nil ir• �'��BH .�l6ty,Appr>fnt[�ierrt'ires Y t�cr R14r�o:.�/ STATE OF WASHINGTON ) COUNTY OF' Olt this /a: =da# of - 2M. be(pire me, a Notary Public in and fior the State of Washington, duly ti11ma ed $nd SWM';' pBtBonatty.wpwred Mary T. Brennan, to me known to be the Individual(s) whq eaoiii ft Milibin and foregoing instnmnent, and acknowledged that he signed the same as his=fie and votu al-end tleedjor the uses and purposes therein mentioned. GIVEN UNDER my hand anal offit al=seal hr eto:jfFbo9ii ft day and year in this cerate find above written. cc :'(Sigirature of (Primer stamp.-imne of.Notary)' Pti81) ' NOTARY PUBLIC in And JbGthe ..,`._,,,, of q �.;wq9�: • Ww;hingi residing at . W My Appointment Page 4 of 5 i*Ap nV"Fivirm.- StATE OF WAS"INGTON) COUNTY Of tefar me, On a Notwy Pubic in and for the State ofWashington, duty commissioned and.twompersonalty appeared Mary E. Brennan, to me known to be the individuals)wh6...exe6u Vie"w"KhKiN f' instrument, and wAraMedged OW he signed . - the same me his and vbkintwti-act ikW it r the uses and purposes therein mentioned. GFVEN UNDER my hand andc"l seal beteg.:aMx e' d 0 4hy-Wid year in this ceffoate first above wrkftn. oft, Z;o 4+q 11", LxicQ- ,O;S, ;K of whe of Notwry) 800 {Prat 0 NOTARY PUSUib of 0 41k, 111"WASV04 WaW*Oon. nuld My Appowftft Expm: Page 3 of 5 Printed: 06-21-2010 Payment Made: Total Payment CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT City of Benton Fi'znrli�lg Dvisiot.) Permit#: LUA10-038 06/21/2010 09:24 AM Receipt Number: R1002764 2,400.00 Payee: JAMES P. BRENNAN Current Payment Made to the Following Items: Trans Account Code Description Amount ------ 5008 ------------------ 000.345.81.00.0004 ------------------------------- Binding Site/Short Plat ---------------- 1,400.00 5010 000.345.81.00.0007 Environmental Review 1,000.00 Payments made for this receipt Trans Method Description Amount ---------- -------- --------------------------- --------------- Payment Check 6542 2,400.00 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 Temp Use, Hobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees .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 650.237.00.00.0000 DO NOT USE - USE 3954 .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 'Pax .00 Remaining Balance Due: $0.00