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Home My WebLink AboutMiscL04POO27 Wehrman PARTY OF RECORD REQUEST SLIPS = ==- = = = = = = = = = = = = = = = = = = Please send me notification of the public hearing and other official notices concerning this application._° File No. L04P0027 - Wehrman (Please print) f' ) Name:_," {_ �r L)� Y' q-W C t? Address: rl o 52E—� ( �' Telephone No.: Y0-1 5 5- 3 ML LS 114P v' ; /&/C -r t,iease send me notltication of the puglic nearing and other otticial notices conceming this application -.-- File No. L04P0027 - Wehrman (Please print) Name: Address: Telephone No. Marvin Weh►man 5115-33rd Ave West Everett, WA 98203-1367 /"!PA3A,R , REC�Rp,_;� Vi %wa w l =1 CO, �w �G� D ,OL Z N O SD � CD0 Y Cl ::. a cu m o m cr a m m D c� a 0 m 0 m' D W 0 a 0 m 3 5' cQ v O I„i �O I _ 1 d I CL �o I rn c 'E q m I U C I ,^ 4� 62I III 0 I _ III 'U I II O I � Ql II O r „ II cc II � II -co L rt II U II I! I! CL UQ It i II C It C It O ` t y II � II C N C3 it 11 Q t,, -1, 6 Z Il c II (D J 4 N Il VO! ca Z � � E N co � -0 t� COLII a)_N y C� 'O N I! U- 4 Z Q H Ion-? to W Lt., Mailing Date: February 11, 2005 Please send me notification of the public hearing and other official notices concerning this application. File No. L04P0027 - Wehrrnan (Please print)) -- Name: 4Z -7 C,, 17 ) A Address: c> Q- �59 Telephone No.: - p lC� � \�v i WAcY-I—c�S f Marvin Wehrman 5115 33`d Ave. West Everett, WA 98203 Kayren Kittrick Development Engineering Supervisor City of Renton 1055 South Grady Way Renton, WA 98057 Re: Modifications to Proposed Wehrman Plat; Proposed Drawing Dear Ms. Kittrick, October 12, 2009 City of Reton Pl�'rlrlln l? 9 D; Thank you for your letter of September 29, 2009 setting forth Renton's responses to the seven detailed questions Charlie Spaeth asked regarding the new conceptual layout for the Wehrman Plat. Your responses are in accord with my understanding of what you, Neil Watts and Chip Vincent told me when we met on August 11 m. The purpose of this letter is simply to clarify two related points. The first point has to do with exactly what conceptual plan we were looking at when we met on August 11 `h. Attached, you will find the rough, conceptual drawing of the Wehrman Subdivision (by D. Lang; dated 6/15/09) that we reviewed at that meeting. We referred to it then, and it is here labeled, as the "Alternative (Alt.) B" plan. I am not trying to make the case that this plan in any way locks the developer or Renton into exactly what is shown here. I would like it to become part of the record, however, that this is the plan your letter of September 299' and this letter refers to. The central feature of the Alt. B plan is that it envisions a twenty -foot wide "alley" west of and parallel to the proposed through street: 122"d Ave. SE. The second point I wish to clarify is that you, Neil and Chip told me that if amendments to my final layout design adhere to the spirit of the Alt B plan, and conform to the seven points set forth in your September 29'h letter, the City of Renton will consider the amendment to my existing (King County) preliminary approval to be "minor;" and since the amendment is minor a new preliminary plat application to the City of Renton is not required. Unless notified otherwise we will proceed with the engineering work based on your letter, of September_29 and this letter. Best regar''° s M We cc. Chip Vincent; Neil Watts, Rocale Timmons T ►t Ilk 0 C. SHAFFER CORPORATION RAVENNA DEVELOPMENT LLC 6839 Ravenna Ave. NE Seattle, WA 98115 • Rocafe Timmons City of Renton 1055 S. Grady Way Renton, WA 98057 Denis Law a Mayor .. CILY i - t� rJ d September 29, 2009 "PRO N� Department of Community & Economic Development Marvin Wehrman 5115-33`d Avenue West Everett, WA 98203 Subject: Modifications to Proposed Wehrman Plat Proposed Drawing Dear Mr. Wehrman: After discussion and consultation with the involved parties, City of Renton staff will support the following in answer to the seven questions posed by Charles Spaeth in his email dated August 19, 2009: 1. The overall width of the right of way for 122"d Avenue SE will be 36 feet. 2. The road section will be 26 feet curb face to curb face. 3. A five foot sidewalk on the west side of the proposed road is acceptable. 4. A three foot planting strip is desirable and should be designed between the curb and sidewalk, however if a planting strip is subsequently determined to be not feasible a six (6) foot sidewalk will be required. 5. The narrow residential street will be labeled and addressed as any residential street. The minimum paved width at all locations will be 20-feet, with a minimum 20 foot dedicated right- of-way. 6. This being a through residential street, there is no maximum to the number of lots served. 7. The fire department will accept the 20 foot minimum pavement with signed and possibly painted "no parking" requirements or other accommodations_ All of these modifications to the standard plans are to meet the intent of codes and standards that apply to the development within the constraints and limitations due to the topography and certain easements on the property, This assurance is based on the current proposal and does not automatically extend to any changes to that plan. If you have any questions, please contact your Project Planner, Rocale Timmons at 425-430-7219. Sincerely, �i �id�Cdx�Ci Kayren K. Kittrick Development Engineering Supervisor CED/Development Services Division Cc: Neil Watts, Development Services Director Chip Vincent, Planning Director Rocale Timmons, Associate Planner KK 09-021 Renton City Hall • 1055 South Grady Way + Renton, Washington 98057 • rentonwa.gov 0 0 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: September 10, 2009 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office, Project Name: Wehrman Preliminary Plat LUA (file) Number: LUA-09-025, ECF, PP Cross -References: King Co. File #1_04P0027, L08V0033, AKA`s: Project Manager: Acceptance Date: January 11, 2005 Applicant: Trinity Land Development - c/o Chris Austin Owner: Same as applicant Contact: Barghausen Consulting Engineers PID Number: 3223059010, 6199000101 ERC Approval Date: June 23, 2006 ERC Appeal Date: July 10, 2006 Administrative Denial: Appeal Period Ends: Public Hearing Date: July 25, 2006 Date Appealed to HEX: By Whom: HEX Decision: Approved with conditions Date: August 10, 2006 Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Subdivision of approximately 7.25 acres into 35 lots for the development of single-family detached residences in the R-6 zone. Location: South of SE 188th St, west of 124th Ave S Comments: Planning Director approved the normal period of validity. New expiration date August 10, 2014. Denis Law Mayor M ay 4, 2009 U1TY orgw- Department of Community & Economic Development Charles Spaeth Ravenna Development LLC / Soos Creek Real Estate LLC 6839 Ravenna Avenue NE Seattle, WA 98115 SUBJECT: Wehrman Subdivision (Wehrman); King County File No, L04P0027 Fleuve des Voiles Subdivision (Fleuve): King County File No. L04P0002 Cogger Short Plat (Cogger): King County File No. L05SO040 Dear Mr. Spaeth: Effective April 1, 2009, Ordinance 5452 authorizes the Renton Planning Director the authority to approve an extension of up to two (2) years in addition to the normal period of validity for land use and subdivision approvals. This office has reviewed your March 31, 2009 request to extend the following permits for an additional two (2) years beyond any other extensions authorized by the Renton Municipal Code. You have requested extension of following three projects: Original Expiration Dates Wehrman Subdivision; King County File No. L04P0027 August 10, 2011 Fleuve des Voiles Subdivision: King County File No. L04P0002 January 12, 2012 Cogger Short Plat: King County File No. L05SO040 February 16, 2012 Your extension request is approved. The following subdivisions will be given a one year extension authorized by the Renton Municipal Code, plus an additional two years authorized by Ordinance 5452. These permits will expire on: Extended Expiration Dates Wehrman Subdivision; King County File No. L04P0027 August 10, 2014 Fleuve des Voiles Subdivision: King County File No. L04P0002 January 12, 2015 Cogger Short Plat: King County File No. L05SO040 February 16, 2015 It is the applicant's responsibility to self -monitor the revised expiration dates. Please do not rely on the City to alert you of an upcoming expiration date. Please feel free to contact Ion Arai at (425) 430-7270 should you have any further questions or comments regarding this extension. Sincerely, , . �,. - Chip Vincent Planning Director cc: Jennifer Henning, Current Planning Manager City of Renton Files: LUA09-025 LUA09-052 LUA09-016 Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov k r7R! 11 DEVELOPMENT SERVICES �,- + CITY OF RENTON 1055 S GRADY WAY RENTON WA 98057-3232 FORWARDING SERVICE REQUESTED Ll 11 I* 0 'Al MINUTES OF THE JULY 25, 2006, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L04P0027. Peter T. Donahue was the Hearing Examiner in this matter. Participating in the hearing were Chad Tibbits, Bruce Whittaker and Kristen Langley, representing the Department; Ivana Halvorsen representing the Appellant, and Matt Berntson. The following Exhibits were offered and entered into the record: Department of Development and Environmental Services file no. L04P4027 DDES Preliminary Report dated July 25, 2006 Application received December 14, 2004 E-xhibit-Nn-4 Environmental Checklist submitted December 10, 2004 Determination of Non -significance issued June 23, 2006 * `E Affidavit of Posting indication posting date of February 11, 2005; received by DDES on February 16, 2005 • Eac�i l�o. Plat map received April 19, 2006 Sxkibifi-Fo-S----Land use map showing zoning, plot date of February 1, 2005 -Exfii iMo. 9 Ass essor's maps (2) 23-05-33SW — Level I Offsite Drainage Analysis, revised November 9, 2005 • Boundary and Topographic Survey, received December 14, 2004 Preliminary Grading & Drainage, received August 19, 2005 TXTii7Eiit No. IT_ existing School Walkway Conditions, received april 19, 2006 • Wetland Delineation Report, received December 14, 2004 . Traffic Impact Analysis, received January 17, 2006 Exhibit No. 16 Not submitted • Certificate of Transportation Concurrency, received December 14, 200? Exhibit -Now t8 Subdivision Density & Dimension Calculation workshect, received December 14, 2004 »it-N6: 1� Fire District Receipt, received December 14, 2004 •-Exhibit No. 20 — Certificate of Sewer Availability, received December 14, 2004 • ExhibirN 21 Certificate of Water Availability, received December 14, 2004 eotechnical Engineering Study, dated January 17, 2006 Exhibit-AF�2-5- Photographs (3 color copies) depicting a fire truck in various access situations r jj� TYPES 3 and 4 LOG SHEET (Format Plat, Rezone, Special Use, Shoreline Redesignation) FILE NUMBER: L04POO27 PLAT/PROJECT NAME: WEHRMAN PLAT PLANNER: Kim Claussen ENGINEER: Bruce Whittaker RELATED APPLICATION & FILE NO. APPLICATION FILED (date): 12/14/04 COMPLETE APPLICATION (date):ds A. COUNCIL ACTION: HEARING DATE(S) 1. ❑ NOTICE OF APPEAL 2. ❑ APPEAL ARGUMENTS QB -) HEARING EXAMINER'S ACTIONS �1. El PREHEARING CONF. NOTICE 2, - HEARING NOTICE 3 ❑ PREHEARING ORDER 4 ❑ CONTINUATION 5. -')§ REPORT 6 ❑ RECONSIDERATION 7. ❑ APPEAL SUMMARY �ES STAFF ACTIONS HEARING DATE(S): 7�-2, 6 CONTINUANCE HEARING DATE(S) PROPOSED ORDINANCE NO.: )Owjr EXAMINER DECISI N/REC: d u 11� 4 APPEAL FILED: NO ❑ YES date. ORDINANCE NO.: EFFECTIVE DATE: date(s): date(s): date(s): date(s): date(s): date(s): date(s): 1_ ❑ CONTINUATION NOTICE date mailed: 2. D-�ruRT date mailed: 3. ❑ ADDENDUM REPORT date mailed: 4. f2 R-r��ANSMITTAL TO EXAMINER (POR's/DOCS/STUDIES) date sent: 5. B-PROPOSED ORDINANCE NUMBER EMAIL TO THE KC CLERKS OFFICE date sent: C�;' 1. THRESHOLD DETERMINATION: ,E/,�% DATE ISSUED: `�✓ 2. DATE 500' RADIUS/AGENCIES/PORS/STAFF SENT: 3. APPEAL FILED: ❑ YE kj��O a. APPELLANTS: date received: date received: date received: b. APPEAL ARGUMENTS: date received: date received: date received: 0 L04P0027 9 PUBLIC NOTICE REQUIREMENT 1. NOTICE OF APPLICATION a) AFFIDAVIT OF POSTING/POSTING PACKAGE SENT o?Y/40REC'D ~ b) LEGAL AD SEATTLE TIMES date(s) sent: date published: d LOCALS date(s) sent: 1 / � date published: c) 500' RADIUS/AGENCIES/POR's/STAFF date(s) sent: al-z / 2. NOTICE OF RECOMMENDATION/PUBLIC HEARING ' a} LEGAL AD SEATTLE TIMES date(s) sent: �a/ date published: LD, LOCALS date(s) sent: U date published: 4�1-2- tK b) 500' RADIUS/AGENCIES/POR's/STAFF date sent: ( F. /APPLICATION Date received: December 14, 2004 1. eINTAKE CHECKLIST 2. GrAPPLICATION FEE 3. V.2EGAL LICANT DESIGNATION FORM 4. DESCRIPTION 5, SESSOR'S MAPS:,S'4j5-,2.;1.r6,9i7- 3 -3 M CERTIFICATE OF WATER AVAILABILITY W CERTIFICATE OF SEWER AVAILABILITY 8. ❑ PRELIMINARY HEALTH APPROVAL 9. ❑ CERTIFICATE OF FUTURE CONNECTION 10. 9 FIRE DISTRICT RECEIPT 11. VLEGAL , � E PLAN/PLAT MAP 12. LOT PROOF 13. Cr SENSITIVE AREA AFFIDAVIT 14, e' nIRONMENTAL CHECKLIST 15. ;��NSPORTATION CONCURRENCY _ 16. LEVEL ONE DRAINAGE ANALYSIS /PUi 5,t- 17. Mr OTHER %91D'00 7- 4 / 41MgZs 18. ❑ WAIVER(S) G, J ADDITIONAL PLANS/MAPS DATES RECEIVED: 1. CONCEPTUAL DRAINAGE PLAN 2. WETLAND MITIGATION PLAN 4.3✓REVISION NO. 1 QQ 'AS ,-� REVISION NO.2 5. REVISION NO. 3 6. REVISION NO.4 OTHER MAPS a) IX IU,C /4 r D*1 b) . rni Y %,'•�r�`'-1g-4� C) d) e) 0 0 L04POO27 �PECIAL STUDIES DATES RECEIVED 1. WETLAND/STREAM REPORT 2. GEOTECHNICAL REPORT / TRAFFIC STUDY 7 B� 4. WILDLIFE STUDY 5. OTHER (document title) 0 17. 18. 19. 20. 21. 22. 23. 24. 25. 26, 27. 28. 29. 30. 31. 32. 33. 34. 35. SDI; King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton WA 98055-1219 DATE: June 23, 2006 TO: Anne Noris, Clerk of the Council King County Council FM: Lisa Dinsmore, Planning Supervisor Land Use Services Division RE: Introductory Ordinances for Preliminary Plats Attached are Introductory Ordinance(s) for the Hearing Examiner's agenda scheduled for public hearing, as follows: File No. L04P0027 — WEHRMAN SUBDIVISION scheduled to be heard on July 25, 2006 A copy of the hearing agenda for each item is also attached for your information. If you have any questions or need additional information, please contact me at 296-7171. Attachments MAIN FILE COP' 0 (i) King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton WA 98055-1219 PRELIMINARY PLAT AGENDA HEARING EXAMINER FOR METROPOLITAN -KING COUNTY COUNCIL LAND USE SERVICES DIVISION, BLACKRIVER CORPORATE PARK KING COUNTY DDES HEARING ROOM 900 OAKESDALE AVE SW, RENTON WA July 25, 2006 - PUBLIC HEARING 10:30 a.m. or as soon thereafter as possible FILE NO. L04P0027 — WEHRMAN SUBDIVISION PRELIMINARY PLAT REQUEST Owner: Marvin Wehrman Address/Phone: 310 291h Street NE Puyallup, WA 98373 Phone: 253-845-2922 STR: 33-23-05 Location: Located south of SE 1881h Street, west of 1241h Avenue South Land Measurement: 7.25 acres Proposed Use: To subdivide into 35 lots for single-family detached residences. Fire District: No. 40 School District: #403 Renton ..title AN ORDINANCE authorizing a subdivision on certain property located south of SE 188th Street, west of 124th Avenue South, at the request of Marvin Wehrman, department of development and environmental services file no. L04P0027. ..body Rogers, Carol From: Blossey, Linda Sent: Tuesday, June 27, 2006 11:23 AM To: Rogers, Carol Subject: L04P0019 & L04P0027 Good Moming Carol: Just to let you know Cand L04P0019 is 2006-02P0027 is 2006-02 s the council is not meeting on July 3rd, the next meeting will be July 1e in ro uced then. Have a great day. Linda Blossey Clerk of the Council's Office 206-296-0328 01 0 King County Dept. of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Fax No. 206-296-6613 or 206-296-7051 FAX COVER SHEET TO: Ginger/ Marka FAX NO.: 206-296-1654 PHONE NO.: 206-296-4660 Total numbers of pages including this cover sheet: Date: 2 SI166 Time: 11 '3k�) From: Carol Rogers Phone: 206-296-7116 Sender's Name Sender's Phone Permit Name/Number: L04POO27 — WEHRMAN SUBDIVISION Parties of Record list applicant name & address property location. COMMENTS: Hearing date is set for July 25, 2006. SEPA appeal period will enri July lot". PROPOSED ORDINANCE NUMBER - # 2006- ExaminerraxCover. doe 1� MA114 FILF- COPy V BARGHAUSEN CONSULTING ENGINEERS L04P0027 LANGLEY, KRIS IVANA HALVORSEN TRAFFIC ENGINEER DDES/LUSD 18215 72ND AVE SOUTH MS: OAK - DE - 0100 KFNT, WA99032 BERNTSON, MATT L04P0027 ROGERS, CAROL TAKAMURA, E RIEDA CURRENT PLANNING SECTION 12040 SE 195TH ST. MS: OAK - DE - 0100 DDES/LUSD RENTON, WA 98058 CLAUSSEN, KIM L04P0027 SEATTLE KC HEALTH DEPT, PROGRAM MANAGER III DDES/LUSD E. DISTRICT ENVIRON, HEALTH MS: OAK - DE - 0100 14350 SE EASTGATE WAY BELLEVUE WA 98007 DINSMORE, LISA L04P0027 TIBBITS, CHAD CURRENT PLANNING SUPERVISOR PROJECT MANAGER 11 MS: OAK - DE - 0100 DDES/LUSD MS: OAK - DE - 0100 ERV IN, ANNETTE 18848 120TH AVE SE RENTON, WA 98058 GILLEN, NICK WETLAND REVIEW DDES/LUSD MS: OAK - DE - 0100 GOFF, THOMAS 18701 1261'H PL SE RENTON, WA 98058 HEISTUMAN, FRED A. 18819 120TH SE RENTON, WA 98058 KC HEARING EXAMINER'S OFFICE ATTN: MARKA OR C1NGER L04P0027 WEHRMAN SUBDIVISION MS: YES - CC - 0404 L04110027 TOWNSEND, STEVE LAND USE INSPECTIONS MS: OAK - DE - 0100 L04P0027 TRINITY LAND DEVELOPMENT LLC CLARK MCGOWAN 310 29TH STREET NE PUYALLUP, WA 98372 L04P0027 WEHRMAN MARVIN 5115 33RD AVE WEST EVERETT WA 98203-1367 L04P0027 WEST, LARRY CEO REVIEW DDES/LUSD MS: OAK - DE - 0100 L04P0027 WHITING, KELLY SR. ENGINEER DOT -ROAD SERVICES DIV MS: KSC - TR - 0231 L04P0027 L04P0027 L04P0027 L04P0027 L04P0027 L04P0027 L04P0027 L04P0027 L04P0027 0 0 WHITTAKER, BRUCE IA4P0027 SR. ENGINEER DDES/LUSD MS: OAK - DE - 0100 �J OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 2964660 Facsimile (206) 296-1654 NOTICE OF HEARING June 28, 2006 SUBJECT: Department of Development and Environmental Services File No. L04P0027 Proposed Ordinance No. 2006-0295 WEHRMAN SUBDIVISION Preliminary Plat Application Location: South of Southeast 188th Street, west of 124th Avenue South Applicant: Trinity Land Development Attn: Chris Austin 310 29 Street Northeast Puyallup, Washington 98373 Telephone: (253) 845-2922 King County: Department of Development and Environmental Services, represented by Chad Tibbits 900 Oakesdale Avenue Southwest Renton, Washington 98055 Telephone: (206) 296-7194 Facsimile: (206) 296-7051 A public hearing has been scheduled on this proposal for 10:30 a.m. on Tuesday, July 25, 2006, in the Department of Development and Environmental Services Hearing Room, 900 Oakesdale Avenue SW, Renton, Washington_ Any primary party wishing to reschedule the hearing for a different time or location must make a request in writing to that effect and must obtain the written concurrence of all other primary parties, which shall be submitted to the Hearing Examiner's Office at the above address within 7 days of the date of this notice. Primary parties include the applicant, property owner, and responsible County agency. (Other persons likely to be directly and substantially affected by County action on this proposal may request "party" status by submitting an intervenor petition to the Hearing Examiner.) Agreement to reschedule this proceeding shall constitute waiver by the parties of procedural time limits for its occurrence. A pre -hearing conference may be requested by any primary party prior to July 11, 2006. Hearing Examiner Rule VHI, which is included with this notice, governs pre -hearing conferences. If you are a party to this proceeding and believe a pre -hearing conference should be held prior to the public hearing, submit your written request with specific reasons in support thereof to the King County Hearing Examiner. To promote efficiency in the conduct of hearings and to eliminate surprise, pre -hearing exchange of information is encouraged by the Rules of Procedure. Any person is entitled to receive, at cost, copies o MAIN FILE COPY r L04P0027—Wehnnan Subdivision Page 2 of 3 documents in the County tile. Application may also be made to the Examiner to direct exchange of other significant information by any person or agency. Mediation of disputes is available pursuant to King County Code Section 20.24.330 and Rules of Mediation. Please contact the Office of the Hearing Examiner if you need a copy of the Rules of Procedure or Rules of Mediation, or obtain the Rules by visiting our web site at www.metroke.gov/mkcc/hearingexaminer. ORDERED this 28th day of June, 2006. Peter T. Donahue, Deputy King County Hearing Examiner TRANSMITTED this 28th day of June, 2006, to the following parties and interested persons: Matt Berntson Annete Ervin 12040 SE 188th St. 18848 - 120th Ave. SE Renton WA 98058 Renton WA 98058 Ivana Halvorsen Fred A. Heistuman Barghausen Cons. Eng., Inc. 18819 - 120th SE 18215 - 72nd Ave. S. Renton WA 98058 Kent WA 98032 Trinity Land Development LLC Marvin Wehrman Attn: Clark McGowan 5115 - 33rd Ave. W. 310 - 29th St. NE Everett WA 98203 Puyallup WA 98372 Lisa Dinsmore Nick Gillen DDES/LUSD DDES/LUSD MS OAK-DE-0100 MS OAK-DE-0100 Carol Rogers Chad Tibbits DDES/LUSD DDES - LUSD MS OAK-DE-0100 MS OAK-DE-0100 Larry West Kelly Whiting DDES/LUSD KC DOT, Rd. Srves. Div. MS OAK-DE-0100 MS KSC-TR-0231 Thomas Goff 18701 - 126th Pi. SE Renton WA 98058 Seattle KC Health Dept. E. Dist. Environ. Health 14350 SE Eastgate Way Bellevue WA 98007 Kim Claussen DDES/LUSD MS OAK-DE-0100 Kristen Langley DDES/LUSD MS OAK-DE-0100 Steve Townsend DDES/LUSD MS OAK-DE-0100 Bruce Whittaker DDES/LUSD MS OAK-DE-0100 NOTE: If the Renton School District announces a district -wide school closure due to adverse weather conditions or similar area emergency, the proceeding on this matter will be postponed. Parties of record will be notified of the time and date of the rescheduled proceeding. Any questions regarding postponements and rescheduling can be directed to the Hearing Examiner's Office at (206) 296-4660. Sign language and communication material in alternate formats ■■■.. can be arranged given sufficient notice at ..■. 296-1000 (TDD number 296-1024). PTD:gao L04P0027 NOT Attachment 6 0 RULES OF PROCEDURE OF THE KING COUNTY HEARING EXAMINER Rule VIII. PRE -HEARING CONFERENCES A. Purpose and Initiation Pre -hearing conferences promote efficient case management by providing an informal process for early identification of issues and resolution of procedural matters in complex cases. Evidence generally will not be received at a pre -hearing conference, except when required in order for the examiner to rule on a motion. (Pre -marking and introduction of exhibits to which there is no objection may occur at the discretion of the examiner.) The examiner, on motion of any party or upon his/her own motion, may convene a pre -hearing conference to: Identify, clarify, limit or simplify issues. 2. Hear and consider pre -hearing motions. Schedule hearings, identify parties and witnesses, determine the order of and limits upon testimony, obtain stipulations as to facts and law, identify and admit exhibits, order discovery, and consider and act upon any other matter which may aid in the efficient disposition of the hearing. B. Requests for Conference A motion to convene a pre -hearing conference shall be made to the examiner as soon as the need for a conference is recognized by the moving party (at least 21 days prior to the scheduled hearing date), and shall state the reasons for the request, including any motions to be presented. For good cause stated in the motion, the examiner may consider a request that fails to meet the 21-day requirement. For hearings authorized under KCC 20.24_080, a motion by any party for a pre -hearing conference shall be granted if timely. However, unless consented to by all parties or otherwise ordered for good cause by the examiner, no pre -hearing conference on an appeal can be convened later than 45 days after receipt of the statement of appeal by the hearing examiner's office. C. Proceedings at Conference A party who has received timely notice of a pre -hearing conference shall identify at the conference any pre -hearing motions not previously made which he/she intends to make. Parties or interested persons may also file timely written pre -hearing motions for consideration at the pre -hearing conference. Failure to make or disclose a motion which was available to the party at the time of the conference may be grounds for its denial if subsequently made. D. Pre -hearing Order Following a pre -hearing conference, the examiner shall issue an order specifying all items determined at the conference. The order shall be binding upon all parties and interested persons who received timely notice of the conference. Revised March 31, 1995 • 0 DIRECTIONS TO DDES HEARING ROOM 900 OAKESDALE AVE SW, RENTON SOUTHBOUND I-5 EXIT 157 - Martin Luther King Way Turn RIGHT onto 68"' Ave. S. 6r A ve. S becomes MONSTER Rom. SW Monster Rd_ turns into OAKESDALE AVE SW DDES is on your left (building 900) NORTHBOUND 1-5 EXIT 154 to 1-405/WA-518/Buric n/Renton Stay right to I-405/Renton/Bellevue IA05 EXIT I to WA-181/W_ Valley Hwy. LEFT onto W. Valley Hwy/SR 181 • RIGHT onto East Grady Way • LEFT onto Oakesdale Ave. SW DDES is on your right (building 900) NORTHBOUND SR 167 • Northbound under the I-405 overpass • LEFT at SW 7`4 St. (2°1 light) LEFT onto Oakesdale Ave. SW DDES is on your left (building 900) SOUTHBOUND I-405 EXIT 2 to WA-167/Auburn/Rairner Ave. Follow to SR-167 (Valley Fwy.) north LEFT onto SW Grady Way RIGHT onto Oakesdale Ave. SW DDES is on your right (building 900) NORTHBOUND I-405 EXIT I to Interurban Ave, SlWest Valley Hwy LEFT at light at ramp bottom (north under I-405) • RIGHT onto SW Grady Way • LEFT onto Oakesdale Ave_ SW DDES is on your right (building 900) SW 7`" STREET W W H H SW cKADY WAY K" E GAworkingltv4isc\HextiDD1 S directiom.doc o Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Wtice of Decision- SEPA Threshold Determination and Notice of Recommendation & Tearing File No.: L04P0027 Project Name: Wehrman Subdivision DDES Project Manager: Chad Tibbits, 206-296-7194 Email: chad..tibbits@metrokc.gov Applicant: Trinity Land Development Attn: Chris Austin 310 29th Street NE Puyallup, WA 98373 253-845.2922 Project Location: The site is located south of SE 188th St, west of 124th Ave So. Project Description: Subdivision of approximately 7.25 acres into 35.lots for the development of single family detached residences in the R-6 zone. The proposed lots range in size from approximately 3,960 to 7,892 square feet. Permits Requested: Formal Subdivision Department Recommendation to the Hearing Examiner: Approve, subject to conditions :Date of Public Hearing: July 26, 2006 10:30 am DDES Hearing Room - first floor 900 Oakesdale Ave SW Renton, WA 98055.1219 SEPA Threshold Determination: Determination of Non -Significance (DNS) Issued June 23, 2006 The Department of Development and Environmental Services (DDES) will issue a written report and recommendation to the Hearing Examiner two weeks prior to the scheduled public hearing. Persons wishing to receive a copy of the report should contact DDES at the address listed below. Following the close of the public hearing, the Hearing Examiner will issue a written decision which may be appealed to the Metropolitan -King County Council. Appeal procedures will be stated in the Examiner's written decision. Any person wishing additional information on this proposed project should contact the Project Manager at the phone number listed above. Written comments may also be submitted to DDES. A public hearing as required by law will be held to consider the approval of this application. If the Renton School District announces a district -wide school closure due to adverse weather conditions or similar area emergency, the public hearing on this matter will be postponed. Interested parties will be notified of the time and date of the rescheduled hearing. Any questions regarding postponements and rescheduling can be directed to the Hearing Examiner's Office at (206) 296-4660. Comment/Appeal Procedure on SEPA Threshold Determination: Comments on this SEPA determination are welcome. This SEPA determination may also be appealed in writing to the King County Hearing Examiner. A notice of appeal must be filed with the Land Use Services Division at the address listed below prior to 4:30 p.m. on July 10, 2006, and be accompanied with a filing fee of $250.00 payable to the King County Office of Finance. If a timely Notice of Appeal has been filed, the appellant shall also file a Statement of Appeal with the Land Use Services Division at the address listed below prior to 4:30 p.m. on July 17, 2006. The Statement of Appeal shall identify the decision being appealed (including the file number) and the alleged errors in that decision. Further, the Statement of Appeal shall state: 1) specific reasons why the decision should be reversed or modified; and 2) the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based on matters or issues raised in the Statement of Appeal. Failure to timely file a Notice of Appeal, appeal fee or Statement of Appeal, deprives the Hearing Examiner of jurisdiction to consider the appeal. Appeals must be submitted to the Department of Development and Environmental Services (DDES) at the following address: DDES--Land Use Services Division Attn: Permit Center 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Date Mailed: June 23, 2006 If you have any questions regarding the appeal procedures, please contact the Planner at the phone number listed above. If you require this material in braille, audio cassette, or large print, call (206) 296-6600 (voice) or (206) 296-7217 (TTY). King County DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION KING COUNTY, WASHINGTON PRELIMINARY REPORT TO THE HEARING EXAMINER July 25, 2006 — PUBLIC HEARING AT 10:30 A.M. DDES Hearing Room 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 Phone: (206) 296-6600 PROPOSED PLAT OF WEHRMAN FILE NO: L04P0027 PROPOSED ORDINANCE NO: 2006-0295 A. SUMMARY OF PROPOSED ACTION: This is a request for a subdivision of 7.25 acres into 30 lots for detached single-family dwellings. The proposed density is 4.14 dwelling units per acre. The lot sizes range from approximately 3,960 to 7,892 square feet. See Attachment 1 for a copy of the proposed plat map. B. GENERAL INFORMATION: Developer: Trinity Land Development Attn. Clark McGowan 310-291h Street NE Puyallup, WA 98373 253-845-2922 Engineer: Barghausen Consulting Engineers 18215-72"d Avenue South Kent, WA 98032 425-251-6222 STR: 33-23-05 Location: South of SE 188`l Street and west of 1241h Avenue S. Zoning: R-6 Acreage: 7.25 acres Number of Lots: 30 Density: Approximately 4.14 units per acre Lot Size: Approximately 3,960 to 7,892 square feet in size Proposed Use: Single Family Detached Dwellings Sewage Disposal: Soos Creek Water and Sewer District Exhibit No. Water Supply: Soos Creek Water and Sewer District Item No. Fire District: King County Fire District No. 40 �' r' ;- School District: Renton School District No. 403 Received Complete Application Date: January 11, 2005 King County Hearing Examiner MAIN PILE COPY / n_ VQ C. HISTORYIBACKGROUND: The Subdivision Technical Committee (STC) of King County has conducted an on -site examination of the subject property. The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the compatibility of this project with applicable King County plans, codes, and other official documents regulating this development. As a result of preliminary discussions, the applicant presented the Technical Committee with a revised plat on April 19, 2006. The primary modifications included identifying critical areas and a redesign of the rockeries so they are less than 4 feet in height when crossing a property line. D. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE: Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C, the responsible official of the Land Use Services Division (LUSD) issued a threshold determination of non -significance (DNS) for the proposed development on June 23, 2006. This determination was based on the review of the environmental checklist and other pertinent documents, resulting in the conclusion that the proposal would not cause probable significant adverse impacts on the environment. Therefore, an Environmental Impact Statement (EIS) was not required prior to proceeding with the review process. Agencies, affected Native American tribes and the public were offered the opportunity to comment on or appeal the determination for 14 days. The DNS was not appealed by any party, including the applicant, and it has been incorporated as part of the applicant's proposal. E. AGENCIES CONTACTED: 1. King County Department of Natural Resources and Parks: No response. 2. King County Fire Protection Engineer: Fire protection engineering preliminary approval has been granted. Renton School District No. 403: The comments from this district have been incorporated into this report. 4. Soos Creek Water & Sewer District (Sewer): The comments from this district have been incorporated into this report. Soos Creek Water & Sewer District (Water): The comments from this district have been incorporated into this report. 6. Washington State Department of Ecology: No response. Washington State Department of Fish and Wildlife: No response. 8. Washington State Department of Natural Resources: No Response 9. Washington State Department of Transportation: No response. 10. METRO: No response. 11. City of Renton: No response. F. NATURAL ENVIRONMENT: Topography: The site topography is comprised of an east -facing slope that descends approximately 80 to 95 feet in elevation from the western to eastern property line over a horizontal distance of approximately 500 feet. Slope gradients generally 2 FILE NO: L04P0027 0 0 become more gradual to the east. In the western half of the property, slopes descend east at approximately 20-35 percent, with localized areas in the range of 40-50 percent. The slopes in the western portion of the site are bisected by several east -west drainages. Several steep slopes in the northern portion of the site appear to be over -steepened by a roadway out that extends approximately 300 feet south from the northern property line along the approximate proposed roadway alignment. In the eastern half of the property, slopes descend east to a wetland area along the eastern site perimeter at gradients approximately 10 to 15 percent. 2. Soils: Alderwood gravely, sandy loam surfaces soils are found on this site per King County Soil Survey, 1973. a. AgB — Alderwood gravely, sandy loam; 0-6% slopes. Runoff is slow and the erosion hazard is slight. This soil type has a moderate limitation for low building foundations due to a seasonally high water table, and severe limitations for septic tank filter fields due to very slow permeability in the substratum. b. A&D — Alderwood gravely, sandy loam; 15-30% slopes. Runoff is medium and the erosion hazard is severe. This soil has a severe limitation for foundations due to slope, and a moderate slippage potential. It has severe limitations for septic tank filter fields due to very slow permeability in the substratum. A geotechnical report was prepared by Earth Consultants, Inc dated December 22. 2005. Wetland/streams: A wetland delineation report was prepared by Barghausen Consulting Engineers, Inc. dated December 10, 2004. A Class 1 Wetland is located on the eastern edge of the property with an associated I00-foot buffer also identified as Tract C on the site plans. The site lies within the Soos Creek subbasin of the Green River drainage basin. 4. Vegetation: This site is moderately wooded with a third -growth mixture of coniferous and broad -leafed trees native to the Pacific Northwest. Second -story vegetation, and groundcover consists of berry vines and grasses. 5. Wildlife: Small birds and animals undoubtedly inhabit this site; however, their population and species are limited due to nearby development. Larger species may visit this site on occasion. No threatened or endangered species are known to exist on or near the property. 6. Mapped Sensitive Areas: The Sensitive Areas Map Folio indicates that the eastern quarter of the subject property is within Seismic Hazard Areas. The map indicates the western half of the subject property is within Erosion Hazard Areas. And a small portion of the very eastern edge of the subject property is designated wetlands. G. NEIGHBORHOOD CHARACTERISTICS: The property is located in an urban area of King County east of the City of Renton. Surrounding properties are primarily single-family detached residences. A Bonneville Power Administration (BPA) transmission easement lies on the eastern portion of the property and then diagonally bisects the northeast corner of the property. The property is currently undeveloped. H. SUBDIVISION DESIGN FEATURES: Lot Pattern and Density: The proposed lot and street layout is in conformance with King County Code (KCC) 21A (Zoning). 2. Internal Circulation: The proposed subdivision proposes to have its primary access through an extension of Southeast 188th Street to the east, terminating in a temporary turnaround to the south that would eventually connect into the proposed plat of Fleuve des Voiles (DDES File L04P0002). With the development of Fleuve des Voiles, an improved roadway connection will exist between the intersection of SE 192" a Street/ 3 FILE NO: L04P0027 124"' Avenue SE and the intersection of 120'h Avenue Southeast /Southeast 184`h Street. Roadway Section: The roadway will be improved to urban standards with curb, gutter and sidewalk. A traffic impact analysis was prepared by Heath & Associates, Inc. dated November 2005. The analysis investigated traffic impacts related to the accesses of the proposed Wehrman Plat. The consultant estimated the morning peak total to be approximately 27 vehicles per hour and the evening peak total to be approximately 35 vehicles per hour. Mitigation identified by the consultant included providing adequate stopping sight distance on the easterly extension of SE 188t" Street. 4. Drainage: This site is located in the Soos Creek Drainage Basin. The site drainage generally sheet flows from west to east, entering the Tract C wetland. The flow continues through the wetland entering Soos Creek just east of the site. The site is in a Level 2 Flow Control area and Basic Water Quality area per the 1998 KCSWDM. The Level 1 Offsite Analysis did not identify any downstream drainage problems that require further mitigation beyond these requirements. A preliminary grading and storm drainage plan was submitted by the applicant. I. TRANSPORTATION PLANS: Transportation Plans: The subject subdivision is not in conflict with Transportation, Non -motorized and Trails plan. 2. Subdivision Access: The site will gain access from SE 188th Street and a future connection through the Plat of Fleuve des Voiles to the south will provide access to 124th Avenue SE thus providing connectivity as called for by the comprehensive plan. Traffic Generation: It is expected that approximately 350 vehicle trips per day will be generated with full development of the proposed subdivision. This calculation includes service vehicles (i.e., mail delivery, garbage pick-up, school bus) which may currently serve this neighborhood, as well as work trips, shopping, etc. 4. Adequacy of Arterial Roads: This proposal has been reviewed under the criteria in King County Code 14.70, Transportation Concurrency Management; 14.80, Intersection Standards; and King County Code 14.75; Mitigation Payment System. a. King County Code 14.70 — Transportation Concurrency Management: The Transportation Certificate of Concurrency dated October 20, 2005, indicates that transportation improvements or strategies will be in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six (6) years, according to RCW 36.70A.070(6). b. King County Code 14:80 — Intersection Standards: The traffic generated by this subdivision falls below the threshold requiring mitigation. The existing arterial system will accommodate the increased traffic volume generated by this proposal. C. King County Code 14.75 — Mitigation Payment System: King County Code 14.75, Mitigation Payment System (MPS), requires the payment of a traffic impact mitigation fee (MPS fee) and an administration fee for each single- family residential lot or unit created. MPS fees are determined by the zone in which the site is located. This site is in Zone 342 per the MPS/Quarter section list. MPS fees may be paid at the time of final plat recording, or deferred until building permits are issued. The amount of the fee will be determined by the applicable fee ordinance at the time the fee is collected. J. PUBLIC SERVICES, 4 FILE NO. L04P0027 1. Schools: This proposal has been reviewed under RCW 58.17.110 and King County Code 21A.28 (School Adequacy). a. School Facilities: The subject subdivision will be served by Benson Hills Elementary School, Nelson Middle School and Lindbergh High School all located within the Renton School District No. 403. b. School Impact Fees: No ordinance requiring impact fees for this school district has been adopted. School Access: The KCDOT representative to the STC walked each of the following roadway segments with the applicant's engineer: Roadway conditions in the area consist, generally, of 22-foot wide paved roadways with open roadway drainage facilities and limited areas that have gravel shoulders. These open roadway ditches vary in their depth and proximity to the roadway traveled way. SE 1881h Street — I I6th Avenue SE to (approximately) 1201h Avenue SE, and SE 1881h Street -- 120th Avenue SE to 12300 block, and 120th Avenue SE — SE 1841h Street to SE 1841h Street. Please also refer to Condition 7(c) of this report for walkway improvements. These represent the roadway segments that school age pedestrians would be required to use to gain access to the Benson Hills Elementary School (SE 18600 block of 116th Avenue SE) and the school bus stops for the Nelson Middle School (school bus stop at the SE 188th/120`h Avenue SE intersection) and Lindbergh High School (school bus stop at the SE 184" Street/ 120th Avenue SE intersection), and noted specific areas that might reasonably represent a hazardous condition for the number of school -age pedestrians generated by the proposed subdivision. One limited section of 120th Avenue SE, located on the east side of the street, and south of SE 184th, was improved to urban standards (curbs, gutters and sidewalks) with the frontage improvements with the plat of Auria Woods (DDES File L01P0024, Preliminary approval date 11 October 2002, Condition #8b). An off -site extension of the walkway improvements was constructed (per Condition #8c) across the head of a ravine in conjunction with those frontage improvements. In response to this field assessment of needs, the Applicant submitted an Existing School Walking Conditions Exhibit received April 19, 2006, to the STC. It should be noted that the County has two neighborhood pathwy projects proposed: the first, on SE 188`h Street, and the second along 120` Avenue SE. The Department of Transportation staff responsible for the school pathway program have no specific date for construction of these improvements, however, the improvements proposed increase the safety for school age pedestrians to an acceptable level, particularly when considered against observed traffic conditions (vehicle speeds and volumes) and roadway geometry (horizontal and vertical alignment, i.e. ability for pedestrians and motorists to see one another), and the number of pedestrians (existing plus new) likely to use each route. In addition, there is a some degree of confidence that, with the plat -created connection between the 124th Avenue SE/SE 192na Street intersection and the SE 188`h /1201h Avenue SE intersection, that bus service for the Renton School District may be `looped' through the Fleuve des Voiles and Wehrman subdivisions. 5 FILE NO: L04P0027 2. Parks and Recreation Space: The nearest public park is Boulevard Lane Park, located at 127th P1 SE and SE 188th Place, Kent, WA. K.C.C. 21A.14 requires subdivisions in the UR and R zone classifications to either provide on -site recreation space or pay a fee to the Parks Division for establishment and maintenance of neighborhood parks. At this time, the applicant is proposing to provide suitable recreation space. A conceptual recreation space plan was provided by Barghausen Consulting Engineers on April 19, 2006 titled "Preliminary Tract "A" Park Landscape Plan". The Subdivision Technical Committee concurs with the applicant's proposal to provide on -site recreation that complies with KCC 2IA. 14.180 & KCC 21A.14.190. The STC recommends that the applicant provide a detailed recreation space improvement plan, along with further information regarding the specific grade, square footage, equipment specifications proposed for installation, landscaping etc. prior to or concurrent with the engineering plans. This plan shall be subject to review and approval by DDES and King County Parks. This review will determine if the proposed improvements and tracts comply with KCC 21A.14. This may result in the reconfiguration of the tracts and/or lots to achieve usable recreation tracts and improvements. 3. Fire Protection: The Certificate of Water Availability from Soos Creek Water and Sewer District indicates that water is presently available to the site in sufficient quantity to satisfy King County Fire Flow Standards. Prior to final recording of the plat, the water service facilities must be reviewed and approved per King County Fire Flow Standards. K. UTILITIES Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by Soos Creek Water & Sewer District. A Certificate of Sewer Availability, dated September 23, 2004, indicates this sewer district's capability to serve the proposed development. 2. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by Soos Creek Water & Sewer District. A Certificate of Water Availability, dated September 23, 2004, indicates this district's capability to serve the proposed development. L. COMPREHENSIVE AND COMMUNITY PLAN: l . Comprehensive Plan: This plan is governed by the 2004 King County Comprehensive plan which designates this area as Urban. The proposed subdivision is not in conflict with the policies of the Comprehensive Plan. 2. Community Plans: The subject subdivision is located in the Soos Creek Community Plan. The subject subdivision is not in conflict with the goals, guidelines, and policies of the Soos Creek Community Plan. M. STATUTES/CODES: If approved with the recommended conditions in this report, the proposed development will comply with the requirements of the County and State Platting Codes and Statutes, and the lots in the proposed subdivision will comply with the minimum dimensional requirements of the zone district. N. CONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County, based on the conditions for final plat approval. 6 FILE NO: L04P0027 0 0 O. RECOMMENDATIONS: It is recommended that the subject subdivision, revised and received Aril 19, 2006, be granted preliminary approval subject to the following conditions of final approval: Compliance with all platting provisions of Title 19A of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R-6 zone classification. All lots shall meet the minimum dimensional requirements of the R-6 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environment Services. Any/all plat boundary discrepancy shall be resolved to the satisfaction of DDES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). 5. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. C. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." FILE NO: L04P0027 d. The drainage detention facility shall be designed to meet at a minimum the Level 2 Flow Control and Basic Water Quality menu in the 1998 King County Surface Water Design Manual (KCSWDM). e. Storm drain stubs for future connection shall be provided along the west property line in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006; unless otherwise approved by DDES. £ The applicant geotechnical engineer shall provide recommendations for the design and construction. of the proposed site grading, road design, rock or retaining walls and drainage detention facility design. The geotechnical engineer shall evaluate the site for potential groundwater seeps and provide design recommendations to address groundwater found. The geotechnical recommendations shall be included in the T.I.R. and incorporated into the design with submittal of the engineering plans. g. Special geotechnical construction inspection of the site grading, road construction, rock or retaining walls and drainage facility, is required to ensure compliance with the geotechnical recommendations. Inspection reports shall be submitted to the assigned Land Use Inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. 7. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved at a minimum to the urban subaccess street standard. A temporary turnaround shall be provided at the south end of Road A. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006; unless otherwise approved by DDES. It is intended that this improvement will match the proposed road improvements for the plat of Flueve De Voiles File L04P0002. b. FRONTAGE and OFFSITE: The frontage and offsite portion of SE 188ch Street from the west boundary, west to the existing road pavement, shall be improved at a minimum to the urban %z-street standard. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006. Other designs for this frontage and offsite improvement may be considered, as approved by DDES. C. Offsite Walkway Improvements: These walkway improvements shall be designed in general conformance with the conceptual school walkway plan submitted April 19th, 2006, unless otherwise approved by DDES. These improvements shall include any necessary grading and storm drainage work necessary to either tight -line the abutting roadside ditches or relocate the ditches within existing right-of-way. SE 188th Street (120th Avenue SE to match into the above 1/2-street improvement near the west plat boundary) shall be widened to provide an eight (8) foot wide paved shoulder along the south side of the street. SE 188th St (1161h Ave SE to 120th Ave SE) shall be widened to provide a minimum 16 feet wide paving as measured from the construction centerline. This will provide an I 1-foot wide travel lane and a 5-foot wide paved shoulder. FILE NO: L04P0027 0 120`h Ave SE (SE 188 h St to SE 1841h St.) shall be widened to provide a minimum 16 feet wide paving as measured from the construction centerline. This will provide an 11-foot wide travel lane and a 5-foot wide paved shoulder. d. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 8. All utilities within proposed rights -of -way must be included within a franchise approved by the King County Council prior to final plat recording. 9. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at the final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 10. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in K.C.C. 21A.24. Permanent survey marking, and signs as specified in K.C.C. 21 A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 11. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from K.C.C. 21A.24 shall also be addressed by the applicant. A. Wetlands Class 1 wetland shall have a minimum buffer of 100 feet, measured from the wetland edge. The wetland and its respective buffers shall be placed in a Sensitive Area Tract (SAT). A minimum building setback line of 15 feet shall be required from the edge of the tract. B. Streams Class 2 stream used by salmonids shall have a minimum 100-foot buffer, measured from the ordinary high water mark (OHWM). The stream(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). A minimum building setback line of 15 feet shall be required from the edge of the tract. C. Alterations to Streams or Wetlands If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21A.24, then a detailed plan to mitigate for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to a DDES Senior Ecologist's satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. 9 FILE NO: L04P0027 D. Geotechnical The applicant shall delineate all on -site erosion hazard areas on the final engineering plans (erosion hazard areas are defined in K.C.C. 21A.06.415). The delineation of such areas shall be approved by a DDES geologist. The requirements found in K.C.C. 21A.24.220 concerning erosion hazard areas shall be met, including seasonal restrictions on clearing and grading activities. 12. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. 13. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A. 14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). a. A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of engineering plans. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 14. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). 15. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road 10 FILE NO: L04P0O27 Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by DDES if located within the right- of-way, and shall not include poplar, cottonwood, soft maples, gum, any fiuit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if SE 188th Street is on a bus route. If SE 188th Street is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. 16. To implement K.C.C. 2IA.38.230 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of K.C.C. 21A.38.230. No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 21A.38.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to K.C.C. 21A.38.2303.4.d.(2). 17. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with K.C.C. 21A.38.230.B.6. (Note that the tree retention plan shall be included as part of the final engineering plans for the subject plat.) Q. OTHER CONSIDERATIONS: The subdivision shall conform to K.C.C. 16.82 relating to grading on private property. 2. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division. 11 FILE NO: L04P0027 3. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may include, but is not limited to the following: a. Forest Practice Permit from the Washington State Department of Natural Resources. b. National Pollutant Discharge Elimination System (NPDES) Permit from WSDOE. c. Water Quality Modification Permit from WSDOE. d. Water Quality Certification (401) Permit from U.S. Army Corps of Engineers. R. TRANSMITTED TO PARTIES LISTED HEREAFTER: BARGHAUSEN CONSULTING ENGINEERS IVANA HALVORSEN 18215 72ND AVE SOUTH KENT, WA 98032 BERNTSON, MATT TAKAMURA, FRIEDA 12040 SE 185TH ST. RENTON, WA 98058 ERVIN, ANNETTE 18848 120Tn AVE SE RENTON, WA 98058 GOFF, THOMAS 18701 126TH PL SE RENTON, WA 98058 HEISTUMAN, FRED A. 18819 120TH SE RENTON, WA 98058 SEATTLE KC HEALTH DEPT. E. DISTRICT ENVIRON. HEALTH 14350 SE EASTGATE WAY BELLEVUE WA 98007 TRINITY LAND DEVELOPMENT LLC CLARK MCGOWAN 310 29TH STREET NE PUYALLUP, WA 98372 WEHRMAN MARVIN 5115 33RD AVE WEST EVERETT WA 98203-1367 CLAUSSEN, KIM PROGRAM MANAGER III DDES/LUSD DINSMORE, LISA CURRENT PLANNING SUPERVISOR DDES/LUSD GILLEN, NICK WETLAND REVIEW DDES/LUSD WEST, LARRY GEO REVIEW DDES/LUSD MS LANGLEY, KRIS TRAFFIC ENGINEER DDES/LUSD ROGERS, CAROL CURRENT PLANNING SECTION DDES/LUSD TIBBITS, CHAD PROJECT MANAGER II TOWNSEND, STEVE LAND USE INSPECTIONS WHITING, KELLY SR. ENGINEER DOT -ROAD SERVICES DIV WHITTAKER, BRUCE SR. ENGINEER DDES/LUSD KING COUNTY HEARING EXAMINER 12 FILE NO: L04P0027 �,_ ' � no•b �'9�Q \ 51\ � ! � f l.Ck'r T _� 1� S 111 I 1 y I �•. rt`'v' 30' ESIAT.-T" ` -„y h j l.} � , r •, I99 + r + '�}�- I I + + + 4 I I I S'$5'o�-� V RE aELICATE6 + , i' r f , I ! ' I i j I I ' ' i f II t - > I Zat3'Tic II REC. NO 8(,Ei663r+a-- . ! `, �. k �r r j -Ili -MACtA I l r I AD, 12a' waEaSE / w �! RECt� 7R$*017 I / �� 5 NO '\ ��\ ,�i� 1 `,l •,` �, � \� i�� l 1 ) f � , ! I k , 't1 l , r2 f M �41',•1 ti ,1 1l��1/ IS �_sw iCE TABLE AREA (S.F.)iEi2E,575 Aan aoo 3F. sr,ie SF. , �I'1 ACy W� SLE ;E AREA (SF.) _ 'N W+ a� I 33,2221 }- ' f - B0,139 1 / �I 71 ~•..�: S27 AMC.! ! i ti. l i r , i � j � \ f ,11 f�5' ;�J/�% �� \ •� � ' y ' I f ' 7 ,' j 1 I, �t f IV � w 1 / 1f ' AS t°TI I �"�, I " 5 k ,�V�n� t l N N ATTACHMENT - OF 1 0 0 REPORT AND DECISION OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 August 10, 2006 SUBJECT: Department of Development and Environmental Services File No. L04P0027 Proposed Ordinance No. 2006-0295 WEHRMAN SUBDIVISION Preliminary Plat Application Location: South of Southeast 188th Street, west of 124th Avenue South Applicant: Trinity Land Development Attn. Chris Austin 310 — 29 Street Northeast Puyallup, Washington 98373 Telephone: (253) 845-2922 King County: Department of Development and Environmental Services, represented by Chad Tibbits 900 Oakesdale Avenue Southwest Renton, Washington 98055 Telephone: (206) 296-7194 Facsimile: (206) 296-7051 SUMMARY OF DECISION/RECOMMENDATIONS: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: EXAMINER PROCEEDINGS: Hearing Opened: Hearing CIosed: Approve with conditions Approve with conditions Approve with conditions July 25, 2006 July 25, 2006 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. MA114 FILE COP" L041`0027—Wehrman Subdivision Page 2 of 12 FINDINGS, CONCLUSIONS & DECISION. Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: General Information: Developer: Trinity Land Development Attn. Clark McGowan 310-29d` Street NE Puyallup, WA 98373 253-845-2922 Engineer: Barghausen Consulting Engineers 18215-72"d Avenue South Kent, WA 98032 425-251-6222 STR: 33-23-05 Location: South of SE 188" Street and west of 124"' Avenue S. Zoning: R-6 Acreage: 7.25 acres Number of Lots: 30 Density: Approximately 4.14 dwelling units per acre Lot Size: Approximately 3,960 to 7,892 square feet in size Proposed Use: Single Family Detached or Dually Attached Dwellings Sewage Disposal: Soos Creek Water and Sewer District Water Supply: Soos Creek Water and Sewer District Fire District: King County Fire District No. 40 School District: Renton School District No. 403 Application completeness date. December 14, 2004 Except as modified herein, the facts set forth in the DDES reports to the Examiner and the DDES and King County Department of Transportation testimony are found to be correct and are incorporated herein by reference. The subject property is a 7.25-acre, mostly rectangularly shaped parcel (a rectangle with small appendages in the northwest and southeast corners) located at the present easterly terminus of Southeast 188d` Street east of 120`h Avenue Southeast, generally in the Panther Lake area east of Renton and Kent and abutting the west boundary of Boulevard Lane Park north of Southeast 192"d Street. The site terrain generally is composed of an east -descending slope, dropping fairly steeply in the western portions and becoming more gradual in the eastern portions where the property descends into the Soos Creek drainage corridor. The eastern edge of the site contains a • i� I,04P0027- - Welmnan Subdivision Page 3 of 12 Class I wetland associated with Soos Creek. The property is wooded with a moderately dense third -growth mix of native coniferous and deciduous trees and typical groundcover. There is no structural development on the site. The surrounding area consists of a formerly lower -density suburban/semi-rural area which is becoming more densely urbanized with fairly standard suburban density single-family residences. Applicant Trinity Land Development proposes subdivision of the property into 30 lots for single- family residences, which may be attached in pairs or may be detached; regardless of the structural configuration, each residence would be on its own individual lot. The residential density would be 4.14 units per acre, with the lot sizes ranging from approximately 3,960 square feet to 7,982 square feet. Recreation facilities would be located in the northeastern portion of the site. Access to the lots would be provided by extension of Southeast 188t" Street easterly into the site (with the current steep grade reduced by feasible cuts and fills necessary to achieve the King County Road Standard (KCRS) grade maximum of 14 percent), and then the internal road would make a 90 degree turn to extend due south to the south boundary and terminate in a temporary cul-de-sac. Eventually, the north -south road would be extended south as part of the proposed Fleuve des Voiles (formerly known as the Soos Creek preliminary plat; file L04P0002). The north -south road may also be extended northerly into the contemplated Janda development to the north. 5. Development drainage will be collected and conveyed to a detention facility in the southeast portion of the site, and then released under controlled metering into the Soos Creek wetland/stream system. The drainage design is subject to the Level 2 flow control and water quality requirements of the 1998 Surface Water Design Manual. A Level 1 downstream analysis was conducted by an applicant consultant and reviewed by DDES; the analysis concludes that there are no downstream flooding problems which require heightened drainage standards. 6. With the internal road improvements of the development, along with the access improvement of Southeast 188a' Street and offsite improvements in certain areas (as depicted in Exhibit 13), safe walking conditions will be sufficiently provided for resident schoolchildren to walk to their respective schools and/or nearest respective bus stops for transportation to their schools within the Renton School District. 7. There is no authority in this case to impose school impact mitigation fees on the development, since no ordinance has been adopted to impose such fees within the Renton School District. No significant adverse impacts to schools are identified in the environmental documents issued for the development action under the State Environmental Policy Act (SEPA). 8. King County Fire District No. 40 requests that internal roadways in the development be sufficiently sized and/or restricted with parking signage so that its vehicles and equipment can maneuver within the site and be operated without blockage during fire and emergency aid operations. The Examiner has no authority to require road standards greater than those adopted formally by King County for imposition on development (the KCRS), and does not find the possibility of vehicle blocking in this case to rise to the level of a probable and direct threat to the public health, safety and general welfare sufficient to deny the proposed development based on assertions of insufficient roadway widths and/or parking regulation. The Examiner also notes KCDDT testimony that parking regulation is typically performed by the County on a case by case basis, after a problem has become evident. That is understandably frustrating to fire emergency L04P0027—Wehrman Subdivision Page 4 of 12 authorities because retrofitting parking restrictions is often unpopular, but the situation seems to beg coordination between the fire districts and County development regulation authorities, and eventual legislative proposals if appropriate. 9. The traffic impacts of the development will cause five a.m. peak hour trips to enter the intersection of Southeast 1881h Street and I I6 h Avenue Southeast to the west of the project entry; during the p.m. peak hour, seven trips associated with the development will enter the intersection. Those are relatively minimal impacts from a traffic impact regulation standpoint, and the Examiner notes the County staff s conclusion that the traffic impacts of the proposed development do not rise to the level of a significant impact and do not breach the threshold requiring offsite traffic impact mitigation of deficient arterials. CONCLUSIONS: 1. The proposed subdivision, as conditioned below, would conform to applicable land use controls. In particular, the proposed type of development and overall density are specifically permitted under the R-6 zone. 2. If approved subject to the conditions below, the proposed subdivision will make appropriate provisions for the topical items enumerated within RCW 58.17.110, and will serve the public health, safety and welfare, and the public use and interest. 3. The conditions for final plat approval set forth below are reasonable requirements and in the public interest. 4. The dedications of land or easements within and adjacent to the proposed plat, as shown on the revised preliminary plat submitted on April 19, 2006, or as required for final plat approval, are reasonable and necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development_ DECISION: The preliminary plat of the Wehrman subdivision, as revised and received April 19, 2006, is approved subject to the following conditions of approval: 1. Compliance with all platting provisions of Title 19A of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R-6 zone classification. All lots shall meet the minimum dimensional requirements of the R-6 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environment Services. • L04Pa427—Wehrnian Subdivision Page 5 of 12 Any/all plat boundary discrepancy shall be resolved to the satisfaction of DDES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17.08 of the King County Code, 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." d. The drainage detention facility shall be designed to meet at a minimum the Level 2 Flow Control and Basic Water Quality menu in the 1998 King County Surface Water Design Manual (KCSWDM). c. Storm drain stubs for future connection shall be provided along the west property line in general conformance with the Preliminary Grading and Stonn Drainage Plan received April 19, 2006, unless otherwise approved by DDES. f. The applicant's geotechnical engineer shall provide recommendations for the design and construction of the proposed site grading, road design, rock or retaining walls and drainage detention facility design. The geotechnical engineer shall evaluate the site for • • L04P0027—Wehrman Subdivision Page 6 of 12 potential groundwater seeps and provide design recommendations to address groundwater found. The geotechnical recommendations shall be included in the T.I.R. and incorporated into the design with submittal of the engineering plans. g. Special geotechnical construction inspection of the site grading, road construction, rock or retaining walls and drainage facility, is required to ensure compliance with the geotechnical recommendations. Inspection reports shall be submitted to the assigned Land Use inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. 7. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved at a minimum to the urban subaccess street standard. A temporary turnaround shall be provided at the south end of Road A. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006, unless otherwise approved by DDES. It is intended that this improvement will match the proposed road improvements for the plat of Fleuve des Voiles File L04P0002. b. FRONTAGE and OFFSITE: The frontage and offsite portion of SE 188"' Street from the west property boundary west to the existing road pavement shall be improved at a minimum to the urban half -street standard. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006. Other designs for this frontage and offsite improvement may be considered, as approved by DDES. Offsite Walkway Improvements: These walkway improvements shall be designed in general conformance with the conceptual school walkway plan submitted April 19, 2006, unless otherwise approved by DDES as providing sufficient safe walking conditions for resident schoolchildren to their pertinent bus stops/schools. These improvements shall include any necessary grading and storm drainage work necessary to either tight -line the abutting roadside ditches or relocate the ditches within existing right-of-way. • SE 188`h Street (120'h Avenue SE to match into the above 1/2-street improvement near the west plat boundary) shall be widened to provide an eight (8) foot wide paved shoulder along the south side of the street. • SE 188`h St (1 I6"' Ave SE to 120'h Ave SE) shall be widened to provide a minimum 16 foot wide paved surface as measured from the construction centerline. This will provide an 11-foot wide travel lane and a 5-foot wide paved shoulder. • 120' Ave SE (SE 188' St to SE 184'h St.) shall be widened to provide a minimum 16 foot wide paved surface as measured from the construction centerline. This will provide an I1-foot wide travel lane and a 5-foot wide paved shoulder. L04POO27---Wehrman Subdivision Page 7 of 12 Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 8. All utilities within proposed rights -of -way must be included within a franchise approved by the King County Council prior to final plat recording. 9. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at the final plat recording, or (2) pay the MPS fee at the time of building permit issuance_ If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 10. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in K.C_C. 21A.24. Permanent survey marking and signs as specified in K.C.C. 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 11. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from K.C.C. 21A.24 shall also be addressed by the applicant. A. Wetlands The Class 1 wetland shall have a minimum buffer of 100 feet, measured from the wetland edge. The wetland and its respective buffers shall be placed in a Sensitive Area Tract (SAT)_ A minimum building setback line of 15 feet shall be required from the edge of the tract. B. Streams The Class 2 stream used by salmonids shall have a minimum 100-foot buffer, measured from the ordinary high water mark (OHWM). The stream(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). A minimum building setback line of 15 feet shall be required from the edge of the tract. C. Alterations to Streams or Wetlands If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21 A.24, then a detailed plan to mitigate for impacts from those alterations will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to a DDES Senior • • L04P0027—Wehrman Subdivision Page 8 of 12 Ecologist's satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation_ The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be implemented prior to final inspection of the plat. D. Geotechnical The applicant shall delineate all on -site erosion hazard areas on the final engineering plans (erosion hazard areas are defined in K.C.C. 21A.06.415). The delineation of such areas shall be approved by a DDES geologist. The requirements found in K.C.C. 21A24.220 concerning erosion hazard areas shall be met, including seasonal restrictions on clearing and grading activities. 12. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the Iand subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. • • L04P0027—Wehrman Subdivision Page 9 of 12 13. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 2IA. 14.180 and K.C.C. 21A. 14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of engineering plans. b, A performance bond for recreation space improvements shall be posted prior to recording of the plat. 14. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). 15. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16,050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if SE 188'h Street in the subject area is on a bus route. If 5E 188a' Street in the subject area is on a bus route, the street tree plan shall also be reviewed by Metro. • LOV0027—Wehrman Subdivision Page 10 of 12 h. The street trees must be installed and inspected, or a performance bond posted, prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. 16. To implement K.C.C. 21A.38.230 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of K.C.C. 21A.38.230. No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 21A.38.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to K_C.C. 21A.38.230.13.4.d.(2). 17. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with K.C.C. 21 A.38230.B.6. (Note that the tree retention plan shall be included as part of the final engineering plans for the subject plat.) ORDERED this 1 Oth day of August, 2006. Peter T. Donahue, Deputy King County Hearing Examiner TRANSMITTED this 10th day of August, 2006 to the following parties and interested persons of record: Matt Berntson 12040 SE 188th St. Renton WA 98058 Annete Ervin 18848 - 120th Ave. SE Renton WA 98058 Thomas Goff 18701 - 126th Pl. SE Renton WA 98058 Ivana Halvorsen Sandy Haydock Fred A. Heistuman Barghausen Cons. Eng., Inc. King Cty Fire Dist. 40 18819 - 120th SE 18215 - 72nd Ave. S. 10828 SE 176th St. Renton WA 98058 Kent WA 98032 Renton WA 98055 Ej, L04POO27—Wehrman Subdivision Seattle KC Health Dept. E. Dist. Environ. Health 14350 SE Eastgate Way Bellevue WA 98007 Kim Claussen DDES/LUSD MS OAK-DE-0100 Kristen Langley DDES/LUSD MS OAK-DE-0100 Steve Townsend DDES/LUSD MS OAK-DE-0100 Bruce Whittaker DDES/LUSD MS OAK-DE-0100 Page 1 i of 12 Trinity Land Development LLC Marvin Wehrnnan Attn: Clark McGowan 5115 - 33rd Ave. W. 310 - 29th St. NE Puyallup WA 98372 Lisa Dinsmore DDES/LUSD MS OAK-DE-0100 Carol Rogers DDES/LUSD MS OAK-DE-0100 Larry West DDES/LUSD MS OAK-DE-0100 NOTICE OF RIGHT TO APPEAL Everett WA 98203 Nick Gillen DDES/LUSD MS OAK-DE-0100 Chad Tibbits DDES - LUSD MS OAK-DE-0100 Kelly Whiting KC DOT, Rd. Srvcs. Div. MS KSC-TR-0231 In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or before August 24, 2006. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be tiled with the Clerk of the King County Council on or before August 31, 2006. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 5I6 Yd Avenue, Seattle, Washington 98104, prior to the close of business (4.30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE DULY 25, 2006, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L04P0027. Peter T. Donahue was the Hearing Examiner in this matter. Participating in the hearing were Chad Tibbits, Bruce Whittaker and Kristen Langley, representing the Department; Ivana Halvorsen representing the Appellant, and Matt Bemtson. 0 11 L04P0027—Wehrman Subdivision Page 12 of 12 The following Exhibits were offered and entered into the record: Exhibit No. 1 Department of Development and Environmental Services file no. L04P0027 Exhibit No. 2 DDES Preliminary Report dated July 25, 2006 Exhibit No. 3 Application received December 14, 2004 Exhibit No. 4 Environmental Checklist submitted December 10, 2004 Exhibit No. 5 Determination of Non -significance issued June 23, 2006 Exhibit No. 6 Affidavit of Posting indicating posting date of February 11, 2005; received by DDES on February 16, 2005 Exhibit No. 7 Plat map received April 19, 2006 Exhibit No. 8 Land use map showing zoning, plot date of February 1, 2005 Exhibit No. 9 Assessor's maps (2) 23-05-33SW Exhibit No. 10 Level I Offsite Drainage Analysis, revised November 9, 2005 Exhibit No. 11 Boundary and Topographic Survey, received December 14, 2004 Exhibit No. 12 Preliminary Grading & Drainage, received August 19, 2005 Exhibit No. 13 existing School Walkway Conditions, received April 19, 2006 Exhibit No. 14 Wetland Delineation Report, received December 14, 2004 Exhibit No. 15 Traffic Impact Analysis, received January 17, 2006 Exhibit No. 16 Not submitted Exhibit No. 17 Certificate of Transportation Concurrency, received December 14, 200? Exhibit No. 18 Subdivision Density & Dimension Calculation worksheet, received December 14, 2004 Exhibit No. 19 Fire District Receipt, received December 14, 2004 Exhibit No. 20 Certificate of Sewer Availability, received December 14, 2004 Exhibit No. 21 Certificate of Water Availability, received December 14, 2004 Exhibit No. 22 Geotechnical Engineering Study, dated January 17, 2006 Exhibit No. 23 Photographs (3 color copies) depicting a fire truck in various access situations PTD: ctm/ms L04P0027 RPT Ding County Department of Development and Environmental Services Determination Of Non -Significance (DNS) for Wehrman (DDES File No. L04POO27) Date of Issuance: June 23, 2006 Project: Request is to subdivide 7.25 acres, zoned R-6 into 35 lots for single family detached residences and tracts for drainage, recreation and sensitive areas. The lots range from approximately 3,960-7,892 square feet. Location: The site is located south of SE 188th St., west of 1241h Ave. South. King County Permits: Formal Plat County Contact: Chad Tibbits, Project Manager II chad.tibbits@metrokc.gov (206) 296-7194 Proponent: Trinity Land Development, Attn. Chris Austin 310-29th Street NE Puyallup, WA 98373 253-845-2922 Zoning: R-6 Community Plan: Soos Creek Drainage Subbasin: Soos Creek, WRIA 9 Section/Township/Range: 33-23-05 Notes: A. This finding is based on review of the project revised site plan, environmental checklist, and revised level one drainage analysis, and other documents in the file. B. The drainage facilities will be designed in accordance with the 1998 King County Surface Water Design Manual. C. Issuance of this threshold determination does not constitute approval of the permit. This proposal will be reviewed for compliance with all applicable King County codes which regulate development activities, including the Uniform Fire and Building Codes, Road Standards, Surface Water Design Manual, and the Critical Areas Regulations. C-� Exhibit No. � terr, No. L023 r4fz� Ll MAIN FILF- Copy Received _� - -42 nh King County Hearing Examiner Wehrman L04P0027 46 June 23, 2006 Page 2 Threshold Determination The responsible official finds that the above described proposal does not pose a probable significant adverse impact to the environment. This finding is made pursuant to RCW 43.21C, KCC 20.44 and WAC 197-11 after reviewing the environmental checklist and other information on file with the lead agency and considering mitigation measures which the agency or the applicant will implement as part of the proposal. The responsible official finds this information reasonably sufficient to evaluate the environmental impact of this proposal. The lead agency has determined that the requirements for environmental analysis, protection, and mitigation measures have been adequately addressed in the development regulations and comprehensive plan adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws or rules, as provided by RCW 43.21C.240 and WAC 197-11-158. Our agency will not require any additional mitigation measures under SEPA. Comments and Appeals Written comments or any appeal of this threshold determination must be stamped received by King County before 4.30 PM on July 10, 2006. Appeals must be accompanied by a nonrefundable filing fee. Please reference the file numbers when corresponding. Appeals must be in writing and state the perceived errors in the threshold determination, specific reasons why the determination should be reversed or modified, the harm the appellant will suffer if the threshold determination remains unchanged, and the desired outcome of the appeal. If the appellant is a group, the harm to any one or more members must be stated. Failure to meet these requirements may result in dismissal of the appeal. Comment/appeal deadline: Appeal filing fee: Address for comment/appeal: Responsible Official- -� Z-5DJ�Av'�tik � Li a Dinsmore, Supervisor Current Planning Section Land Use Services Division 4:30 PM on July 10, 2006 $250 check or money order made out to the King County Office of Finance King County Land Use Services Division 900 Oakesdale Avenue SW Renton, WA 98055-1219 ATTN: Current Planning Section Date TD-LOCO 2/98 Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 File No.: L04P0027 ofPKice ision- SEPA Threshold Determination and Notice of Recommendation & Hearing Project Name: Wehrman Subdivision DDES Project Manager: Chad Tibbits, 206-296-7194 Email: chad.tibbits@metrokc.gov Applicant: Trinity Land Development Attn: Chris Austin 310 29th Street N E Puyallup, WA 98373 253-845-2922 Project Location: The site is located south of SE 1880 St, west of 124th Ave So. Project Description: Subdivision of approximately 7.25 acres into 35 lots for the development of single family detached residences in the R-6 zone. The proposed lots range in size from approximately 3,960 to 7,892 square feet. Permits Requested: Formal Subdivision Department Recommendation to the Hearing Examiner: Approve, subject to conditions Date of Public Hearing: July 25, 2006 10:30 am DDES Hearing Room — first floor 900 Oakesdale Ave SW Renton, WA 98055-1219 SEPA Threshold Determination: Determination of Non -Significance (DNS) Issued June 23, 2006 The Department of Development and Environmental Services (DDES) will issue a written report and recommendation to the Hearing Examiner two weeks prior to the scheduled public hearing. Persons wishing to receive a copy of the report should contact DDES at the address listed below. Following the close of the public hearing, the Hearing Examiner will issue a written decision which may be appealed to the Metropolitan -King County Council. Appeal procedures will be stated in the Examiner's written decision. Any person wishing additional information on this proposed project should contact the Project Manager at the phone number listed above. Written comments may also be submitted to DDES. A public hearing as required by law will be held to consider the approval of this application. If the Renton School District announces a district -wide school closure due to adverse weather conditions or similar area emergency, the public hearing on this matter will be postponed_ Interested parties will be notified of the time and date of the rescheduled hearing. Any questions regarding postponements and rescheduling can be directed to the Hearing Examiner's Office at (206) 296-4660. Comment/Appeal Procedure on SEPA Threshold Determination: Comments on this SEPA determination are welcome. This SEPA determination may also be appealed in writing to the King County Hearing Examiner. A notice of appeal must be filed with the Land Use Services Division at the address listed below prior to 4:30 p.m. on July 10, 2006, and be accompanied with a filing fee of $250.00 payable to the King County Office of Finance. If a timely Notice of Appeal has been filed, the appellant shall also file a Statement of Appeal with the Land Use Services Division at the address listed below prior to 4:30 p.m. on July 17, 2006. The Statement of Appeal shall identify the decision being appealed (including the file number) and the alleged errors in that decision. Further, the Statement of Appeal shall state: 1) specific reasons why the decision should be reversed or modified; and 2) the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based on matters or issues raised in the Statement of Appeal. Failure to timely file a Notice of Appeal, appeal fee or Statement of Appeal, deprives the Hearing Examiner of jurisdiction to consider the appeal. Appeals must be submitted to the Department of Development and Environmental Services (DDES) at the following address: DDES--Land Use Services Division Attn: Permit Center 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Date Mailed: June 23, 2006 If you have any questions regarding the appeal procedures, please contact the Planner at the phone number listed above/� If you require this material in braille, audio cassette, or large print, call (206) 296-6600 (voice) or (206) 296-7217 (TTY). ! MAIN FILE COPY I'' �r BARGHAUSEN CONSULTING ENGINEERS L04POO27 IVANA HALVORSEN 18215 72ND AVE SOUTH KENT. WA 98032 BERNTSON, MATT L04POO27 TAKAMURA, FRIEDA 12040 SE 185TH ST. PENTON, WA 98058 CLAUSSEN, KIM L04POO27 PROGRAM MANAGER III DDES/LUSD MS: OAK - DE - 0100 DINSMORE, LISA L04POO27 CURRENT PLANNING SUPERVISOR MS: OAK - DE - 0100 DDES/LUSD ERVIN, ANNETTE L04POO27 18848 120TH AVE SE RENTON, WA 98059 GILLEN, NICK L04POO27 WETLAND REVIEW DDES/LUSD MS: OAK - DE - 0100 GOFF, THOMAS L04POO27 18701 126TH PL SE RENTON, WA 98058 I IElSTUMAN, FRED A. L04POO27 18819 120TH SE RENTON, WA 98058 so LANGLEY, KRIS TRAFFIC ENGINEER DI)ES.-LLISD MS: OAK- DE-0100 ROGERS, CAROL CURRENTPLANNING SECTION MS: OAK - DE - 0100 DDES/LUSD SEATTLE KC HEALTI I DEPT. E. DISTRICT ENVIRON. HEALTH 14350 SE F.,ASTGATE WAY BELLEVUE WA 98007 TIBBITS, CHAD PROJECT MANAGER H MS: OAK - DE - 0100 TOWNSEND, STEVE LAND USE INSPECTIONS MS: OAK-DE-0100 TRINITY LAND DEVELOPMENT LLC CLARK MCGOWAN 310 29TH STREET NE PUYALLUP, WA 98372 WEHRMAN MARVIN 5115 33RD AVE WEST EVERETT WA 98203-1367 WEST, LARRY GEO REVIEW DDES/LUSD MS: OAK - DE - 0100 L04POO27 L.041}0027 L04POO27 L04POO27 L04POO27 L04POO27 L04POO27 L04P0027 KC HEARING EXAMINER'S OFFICE L04POO27 WHITING, KELLY L041'0027 ATTN: MARKA OR GINGER SR. ENGINEER DOT -ROAD SERVICES DIV L04POO27 WEHRMAN SUBDIVISION MS: KSC - TR - 0231 MS: YES - CC - 0404 WI- MAKL.R, BRUCE L04P0027 SR. EN[;INF R DDESiLUSD MS: OAK - DF - 0100 copy kY, 0984000510/L P 027 6199000186/L04P0027 6199000060/L 027 ALE JA E W BREVIK DENNIS A & DEBORAH BU K 1250 8 H 19103 121ST PL SE 10 2N ST RENTO A 98058 RENTON WA 98058 KEN WA 981 6199000200/LO4PO027 6199000183/LO4P0027 0984100340IL04POO27 BUSH BENEDICT & GERALDINE A BUSH BENEDICT & GERALDINE A CASTELLANOS JUAN+HECTOR 19124 121ST PL SE 19124 121ST PL SE 18601 126TH PL SE RENTON WA 98058 RENTON WA 98058 RENTON WA 98059 0984100370/L04PO027 6199000241/1-04P0027 0984100400/1-04P0027 CHIN STEVEN B+SUGAHARA CONNIE T COGGER TIM DROZ JOHN 18613 126TH PL SE 609 GRANT AV S 18920 127THPL SE RENTON WA 98058 RENTON WA 98055 RENTON WA 98058 SD9/L04P0027 6199600161/1-04P0027 0984100410/L04PD027 G. ANDERSON, PLANT & FACILITIES GIESE DWAYNE S+AMY JO GOFF THOMAS M KENT SCHOOL DISTRICT #415 12048 SE 188TH ST 18701 126TH PL SE 12033 SE 256TH ST RENTON WA 98058 RENTON WA 98055 KENT WA 98031 3323059041/L04POO27 6199000205/L04P0027 0984100330/1-04P0027 GOUKER GREGORY LEE+GWINN MI HALLADIN STEPHEN K+MARGIE B HOLLOWAY RAYMOND F+MARCELLA 18451 124TH AV SE 19118 121ST PL SE 18549 126TH PL SE RENTON WA 98058 RENTON WA 98058 RENTON WA 98058 6199000262/L04 027 6199600180/1-04P0027 6199600160/1-04P0027 HUFFtj.AGE JANDA ANTHONY J JANDA ANTHONY i4744 12206 SE 188TH ST 12206 SE 188TH ST RENTO 8059 RENTON WA 98055 RENTON WA 98058 0984100350/L04P0027 3323059054/LO4POO27 3323059098/L04P0027 JOHNSON BRIAN L+NYLA N KENT SCHOOL DIST 415 KING COUNTY 18605 126TH PL SE 12033 SE 256TH ST 500A KING COUNTY ADMIN BLDG RENTON WA 98058 KENT WA 98031 500 FOURTH AV SEATTLE WA 98104 0305500310/LO4POO27 3323059057IL04PO027 0422059124/1-04P0027 KING COUNTY KING COUNTY KING COUNTY 500 4TH AVE ROOM 500-A 500 KC ADMIN BLDG 500 KC ADMIN BLDG SEATTLE WA 98104 500 4TH AV 500 4TH AV SEATTLE WA 98104 SEATTLE WA 98104 0984000530/L04P0027 6199000025/LO4POO27 6199000021/1-04P0027 LARSON ALICE MARGARET MARTIN FRANK L MARTIN FRANK L 12511 SE 188TH PL 12023 SE 188TH 12023 SE 188TH RENTON WA 98058 RENTON WA 98055 RENTON WA 98055 0984000490/L04POO27 0984000560/L04PO027 3323059073/L04POO27 MIDKIFF JEFFREY D MOCHEL SCOTT & PATTI NELSON MICHAEL C+SANDRA L 12518 SE 188TH PL 12531 SE 188TH PL 18613 124TH AV SE RENTON WA 98058 RENTON WA 98058 RENTON WA 98058 6199000100/L04POO27 PACHECO EDUARDO SANTOS 12139 SE 188TH ST RENTON WA 98058 6199000220/L04P0027 RITZ JANIE L 12208 SE 192ND ST RENTON WA 98055 0984000480/L04POO27 SENN BRYAN+BERETTA GINA 12526 SE 188TH PL RENTON WA 98058 6199600140/LO4PO027 TAKAMURA FRIEDA K+BERNT5ON, 12040 SE 188TH ST RENTON WA 98058 6199000215/LO4POO27 WALTERS GARY A & TINA M 12204 SE 192ND ST RENTON WA 98058 3323059010/LO4PO027 WEHRMAN MARVIN 5115 33RD AV W EVERETT WA 98203 0984100390/L04POO27 WITTMAN DAVID H+MARY P 18621 126TH PL SE RENTON WA 98058 0984100360/L04PO027 ZULFER PHILLIP J+ZULFER PAM 18609 126TH PL SE RENTON WA 98058 as3/L04POO27 6199600120/L04PO027 R. STRACKE, FACILITIES & PLANNING PERRY TOMMY L+CHRISTINE R RENTON SCHOOL DISTRICT #403 12004 SE 188TH ST 1220 N 4TH ST RENTON WA 98058 RENTON WA 98055 6199600130/LO4POO27 7932000035/L04P0027 ROSENGRENS GORDON SELLAND RICHARD O+ANN M 18638 120TH SE 615 S 96TH ST RENTON WA 98058 SEATTLE WA 98108 7932000042/L04PO027 0422059024/L04POO27 STEVENS MARK B+LAUREEN A SWENSON REUBEN G 19225 124TH AV SE 19226 124TH AV SE RENTON WA 98058 RENTON WA 98058 0984000470/LO4POO27 6199000240/L04P0027 TAYLOR LONDELL 8 I THOMPSON JAMES LEEROY+JUDIT 12532 SE 188TH PL 12218 SE 192ND RENTON WA 98058 RENTON WA 98058 3323059039/L04PO027 6199000101/L04PO027 WATKINS NORMAN T WEHRMAN MARVIN 18601 124TH AV SE 5115 33RD AV W RENTON WA 98055 EVERETT WA 98203 6199000080/ 04P0 7 7932000043/LO4POO27 WHEEL + ND WILSON MARK A 12637 N 6 H L 19205 124TH AV SE KIRKLAN WA 98033 RENTON WA 98058 6199000126/L04PO027 6199000127/L04POO27 YEE PHILIP M & FANNY Y YEE PHILIP M & FANNY Y 11431 238TH AV SW 11431 238TH ST SW WOODWAY WA 98020 WOODWAY WA 98020 r (E Renton) FD25 (Spring Glen) Fire Protection Dist #25 Fire Protection Dist #40 P.O. Box 2925 10828 SE 176th St Renton WA 98056-0925 Renton WA 98055 MS: KSC-NR-0600 MS: KSC-TR-0431 Water & Land Res. Div Gary Kriedt King County Dept. of Natural Res. KC Metro Envirn. Planning Steve Foley LI15 Fairwood Library Highlands Library 17009 - 140th Av SE 2902 NE 12th St Renton WA 98058 Renton WA 98056 L123 Documents Dept. Librarian Kent Regional Library King County Library System 212 - - 2nd Av N 960 Newport Way NW Kent WA 98032-4482 Issaquah, WA 98027 L136 ATTN: Edward White Renton Library Kent Engineering Dept 100Mill AvS 220- 4th AvS Renton WA 98055 Kent WA 98032 PL19 City of Renton Kent Planning Dept Economic Development Dept. 220 - 4th Av S 1055 S. Grady Way Kent WA 98032 Renton WA 98055 Clinton G. Marsh, Director Fac. & Const. Dept SD9 R. Stracke, Facilities & Ping Kent School District # 415 Renton School Dist # 403 12033 SE 256th St. Bldg B 1220 N 4th St Kent WA 98031-6643 Renton WA 98055 Administrator SE5 Environmental Review Section Kent Sewer Utility WA State Dept of Ecology 220 - 4th Av S PO Box 47703 Kent WA 98032 Olympia WA 98504-7703 Habitat Biologist, Rod Malcom TR1 Russ Ladley, Fisheries Biologist Muckleshoot Indian Tribe Puyallup Tribe 39015 - 172nd Av SE 6824 Pioneer Wy E Auburn WA 98002 Puyallup WA 98371 TR3 Fisheries Habitat/Environment Snoqualmie Tribe Suquamish Indian Tribe PO Box 280 PO Box 498 Carnation WA 98014-0280 Suquamish WA 98392 FD40 KC27 LI20 LI24 PL18 PL33 SD13 ST2 TR2 TR5 Richard Young Tulalip Tribe 7615 Totem Beach Rd Marysville WA 98271 Public Works Dtr Kent Water Dist 220 - 4th Av S Kent WA 98032 Soos Creek Water/Sewer Dist PO Box 58039 Renton WA 98058-1039 Coal Creek Utility District 6801 132nd Place SE Newcastle, WA 98059 WA State Dept. of Wildlife 16018 Mill Creek Blvd. Mill Creek, WA 98012 WA State Dept. of Ecology NW Regional Office 3190 - 160th Ave SE Bellevue, WA 98008-5452 WA St. Ecology Dept/WQSW Unit Linda Matlock PO Box 47696 Olympia, WA 98504-7696 Eleanor Moon KC Executive Horse Council 12230 NE 61st Kirkland, WA 98033 so TR4 Cedar River Water/Sewer Dist 18300 SE Lk Youngs Rd Renton WA 8058-9799 WD23 City of Renton, Public Works Dept. Development Services Div. 1055 South Grady Way Renton WA 98055 WD41 WD57 Water Dist #90 15606 SE 128th St Renton WA 98059-8522 Water Dist #111 27224 - 144th Av SE Kent WA 98042-9058 WA State Dept. of Wildlife Habitat Mgmt. Division P.O. Box 43155 Olympia, WA 98504-3155 WSDOT NW Region SnoKing Area MS-240 15700 Dayton Ave No. PO Box 330310 Seattle, WA 98133-9710 Roger Dorstad PO Box 375 Redmond, WA 98073 WD12 WD32 WD55 ►r Cling County Department of Development and Environmental services Land Use Services Division 900 Oakesdate Ave SW Menton, WA 98055-1219 P— AFFIDAVIT OF POSTING L04P0027 — Wehrman Subdivision DDES Project Number FEB hereby affirm that I have posted the following: (print name) X Notice of Permit Application Other on the day of rt)i /Z U 4 IC-4 , 2005, in accordance with the Department of Development and Environmental Services' requirements. I further affirm that the notice will remain in place and visible during the full required notice period. Notice was provided at the following location(s): 1) RST I SM►/Ut�tS pF .. �- .r?,rFf_ �,�A"r 6r //LT# AVM 2) 3) I hereby affirm that the above is a true and correct statement. Sig t e Exhibit No. __ (4�1 _ Item No. _ . Ld`-) P Ot` 22Z Received . -7:Z5 King County Hearing Examiner This affidavit must be completed and returned to the Land Use Services Division within 7 days of posting. Improper posting or failure to return the affidavit within 7 days shall be cause for the final decision regarding your permit to be postponed. CPSFORMS/APFCDAVIT OP PUSTING.DOC 7/27/99 MAIN FrIILIE COPY I .* King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Ave 5W Renton, WA 98055-1219 January 28, 2005 61 Notice Board & Posting Procedures Instruction Package Notice of Application L04P0027 In accordance with King County Code Section 20.20.060, enclosed you will find instructions, specifications, and materials in order to meet the notice of application posting requirements of the County. Please read these instructions carefully and take action quickly to order your notice hoard sign. Your notice board sign can be ordered through a sign painter, using the information supplied on page 2 of the enclosed "Notice Board Requirements." The cost of the sign is the responsibility of the applicant. Further processing of your application is dependent upon fulfilling the notice of application posting requirement. When your sign is in place, attach the colored laminated notice of application along with the plastic envelope (containing extra copies of the notice of application) to the notice board as depicted on page 1 of the instructions. Maintain a supply of notices within the plastic envelope throughout the comment period. The posting sign/notice board must remain in place throughout the duration of your application. Immediately upon com letion of the above instructions com lete the enclosed affidavit of posting and return to the De artment of Development and Environmental Services Land Use Division Current Planning Section at the address shown above (envelope enclosed). Failure to comply with posting requirements mpy be cause for a delay in the processing of your _application. If you have any questions, please call the Land Use Services Division at (206) 296-6600. Enclosures: Notice Board Requirements -Application Laminated Notice of Application Waterproof Vinyl Envelope containing copies of the Notice of Application Affidavit of Notice of Application Posting formlLUSD return envelope MAIN FILE COPY It] Notice Board & Posting Procedures instruction Pkg.-NOA 8/8/01 0 (A) King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Ave SW Renton, WA 98055-1219 L04P0027 — Wehrman Subdivision DDES Project Number 1, , hereby affirm that I have posted the following: (print name) X Notice of Permit Application ❑ Other on the day of , 2005, in accordance with the Department of Development and Environmental Services' requirements. I further affirm that the notice will remain in place and visible during the full required notice period. Notice was provided at the following location(s): 1) 2) 3) I hereby affirm that the above is a true and correct statement. Signature This affidavit must be completed and returned to the Land Use Services Division within 7 days of posting. Improper posting or failure to return the affidavit within 7 days shall be cause for the final decision regarding your permit to be postponed. CPSFORMS/AFFIDAVIT OF POSTING.DOC 7/27/99 � NOTICE BOAR&EQUIREMENTS NOTICE OF APPLICATION King County Dept. of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1212 Per Icing County Code Section 20.20.060, a notice board must be prepared and posted for your land use application. Please prepare and post in the following manner: Notice Board Size and Text Specifications The notice board shall be constructed to the specifications described below. The notice board shall display the information shown in the figure. Board Construction: The notice board shall be constructed with 4' x 4' plywood. Professionally prepared plastic notice board overlays, permanently affixed to the board are permissible. Notice boards may be reused but they must be clean and show no evidence of former wording. 1 . Lettering style: Helvetica or similar standard typeface 2. Lettering size: Title should be 3" capital letters (NOTICE OF PROPOSED LAND USE ACTION). Other letters should be 2" letters except on the 81/2" x 14" laminated paper providing the details of the proposal. See illustration below for use of capital and lower case letters, and placement of laminated paper and vinyl jacket. 3. Lettering: Black (permanent ink or silk-screen) 4. Background Color: White 5. Logo: King County emblem, in black 6. Laminated Notice of Application on a legal size sheet which provides information regarding the proposed land use application. TO BE SUPPLIED BY Land Use Services Division (LUSD) (see enclosed). 7. Legal size waterproof vinyl jackets with a fold flap, and wrap string. TO BE SUPPLIED BY LUSD (see enclosed). The applicant must make copies of the Notice, place them in the vinyl jacket, and maintain a supply of copies throughout the posting period. 4 FT O NOTICE OF PROPOSED LAND USE ACTION King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Call (206)296-6600 Type of Action: Proposal: File No.: NOTICE OF APPLICATION 8.5" x 14" LAMINATED 4 FT EXAMPLE COPIES OF NOTICE OF APPLICATION IN VINYL JACKET Notice Board Requirements-NOA 8/8/01 Pg 1 Standards for Locating and Installing Notice'Boad The notice board shall be located and installed to the specifications described below. Number of Notice Boards required for this application: ONE ( 1 ) Special Instructions: Notice board shag be located: Place board at SE 188th Street. • Midpoint on the site street frontage or as otherwise directed by LUSD staff to maximize visibility. • At a location 5 feet inside from the street property line; a notice board structurally attached to an existing building shall be exempt from the setback provisions, provided that no notice board is located not more than 5 feet from the property line without approval from LUSD staff. • So that the top of the notice board is between 7 to 9 feet above grade. • So that it is easily accessible and totally visible to pedestrians. The applicant shall erect the notice board by solidly setting the post 12 to 18 inches into the ground; or structurally attached it to an existing building. Two 4" x 4" 8-foot-long (minimum) posts and four washers, bolts and nuts (3/8-inch diameter and bolts are 5-inches long) shall be used to install the notice board. Installation Certification The notice board(s) must be installed within 14 days after Land Use Services Division has determined that the application is complete. The enclosed "Affidavit of Posting" must be signed, and returned to the Land Use Services Division within 7 days following the date of posting. Maintenance and Removal of the Notice Board The applicant shall maintain the notice board in good condition throughout the application review period, which shall extend through the time of the final county decision on the proposal and the expiration of any applicable appeal periods. If the notice board is removed, LUSD review of the land use application may be discontinued until the notice board is replaced and has remained in place for the required period of time. TO BE FILLED OUT BY LUSD STAFF NOTICE BOARD TEXT INFORMATION (To Be Given to the Sign Painter) Type of Action: Formal Subdivision Proposal: Subdivide 7.25 acres, zoned R-6, into 35 lots for single-family detached residences. File No.: L04P0027 Wehrman Subdivision NOTE: If you require this material in braille, audio cassette, or large print, please call 206-296-6600 (voice) or for hearing impaired 206-296-7217. Notice Board Requirements-NdA 8/0/01 Pg 2 0 ! Rogers, Carol From: Claussen, Kimberly Sent: Thursday, January 27, 2005 2:06 PM To: Rogers, Carol Subject: Noa's 104p0031noa.doc 104p0026com.doc 104p0026noa.doc Mp0027com.doc 104p0027noa.doc Mp0030cam.doc 104p0030noa.doc (54 KB) (38 KB) (58 KB) (38 KB) (58 KB) (38 KB) (58 KB) 104p0031com,doc (38 KB) L04P0026 - 1 sign 127th Ave SEISE 172nd St L04P0027 - 1 sign SE 188th St. L04P0030 - 1 sign - 130th Ave NE frontage L04P0031 - 1 sign - NE 132nd St- 1 0 0 FYI o w ■PM10 W V �AA yy ........~ r �� #b II di tri 3............. .w��w� F�4P7� Htf�il m i is Aq U-14 101:f ru aUL)LI� Id OKLI �y a�.Lt � aY.c� aa>crl 4 3f rti' Is � r S +n 14 w IJ - W T,•. �1u 3S 'AV HJ. lIS `-e& itty V? b� 73; 7} ld 11TZI + _ Li HIM �n 3 75 At+ 35 W H!PTT -' � H1RTT _ sj u u4,1 r u 7T ire `-+ •� � is rr r k u C7 SE •} 3 E, s;r +� ld'� of I /ULJ I 1 I L'dUl 6 ;r T ! 4' ul 1 1 � 0 C Kim Claussen King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue S.W. Renton, WA 98055-1219 RE: Wehrman Property Posting King County DDES Project No. L04P0027 Our Job No. 11418.1 Dear Kim: CUL ENGINEERING, LAND DLANNING,. SURVEYING, ENVIRONMENTAL SERVICrS February 15, 2005 The site referenced above has been posted for Notice of Application. We have placed one public notice sign at the eastern terminus of S.E. 188th Street, east of 116th Avenue S.E. This completes the applicant's public notice responsibility. If you have any questions regarding the enclosed, please contact me immediately. Respectfully, Brendan T. Madden Assistant Plattner BTM/dm 11418c.013.doe enc, Vicinity Map Signed Affidavit of Posting cc: Chris Austin, Trinity Land Development LLC Rob Flitton, Trinity Land development LLC Daniel K. Balmelli, Barghausen Consulting Engineers, Inc. Ivana Halvorsen, Barghausen Consulting Engineers, Inc. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES ♦ OLYMPIA, WA ♦ TEMECULA, CA ♦ WALNUT CREEK, CA www.barghausen.corn Department of Development and Environmental Services OAK-DE-0100 900 Oakesdale Avenue Southwest King County Renton, WA 9BO55 King County Department of Development: and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 S& r3S M* i 2 i S Q' if}�}7}lffFilrfir1lfirlrIiirlfil i Ii l i i i HI f it i li l i r l i' i l f i l r I 0 2966590 / 3 Affidavit of Publication State of Washington, Counties of King and Snohomish, Daniel S. O'Neal being duly sworn, says that he/she is the Authorized Agent of Seattle Times Company, publisher of The Seattle Times and representing the Seattle Past-Intelligencer, separate newspapers published daily in King and Snohomish Counties, State of Washington: that they are newspapers of general circulation in said Counties and State; that they have been approved as legal newspapers by orders of the Superior Court of King and Snohomish Counties; that the annexed, being a classified advertisement, was published in: Newspaper Publication Date The Seattle Times 02/03/05 And not in a supplement thereof, and is a true copy of the notice as it was printed and/or eM distributed in the regular and entire issue of said paper or papers during all of said period, and sD1 that said newspaper or newspapers were regularly distributed to its subscribers during all of Pry said period. KIr RE FO L04 aci TrlLU 1�1 s'uti Subscribed and sworn to before me this 4"' day of February, 2005 Notary Public in and for the State of Washington residing at Seattle MU "I514N_ 4Fdii7�ijd, Green It. .7 �aFhHun -_ sduth of SE 172nd St & 17th Ave SE e'4 5, :acres Tptq 20lots for milt W9763 122 rP3ideric- ' -i 2 zone.. - 'Mooa9B1'!i. i;Seti r �2 Gl 2"9016 7:: . UBDI.VISION Wehrman and Oevelogmegl . Located saytq;aVSE 35.I6ts e2ar15�[Y tletached s�n the Yf=6 zone. Monoger� Sseni2©�2yb7167 T.- SUBDIVISION Woodinville B Tomes - n i[la west sitle of'130th p�eefi NE,1g7th S.t qnp 7,QG ntr .:intb:56: loss gle-family -.detached i in the R-g io*., . "'aver: 7 �san,,29j ' . SUEDIVI$lDH iuhbelk',� � ngveioetrn:nl kric, `- tliedf,h rdpp: et: E rt ]2 NE�T32nd" t, C Q,.MMENNT pRI cl;%1R$5::- Comments on phe above files now 4 e3ng accep,ed by STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Lily Nguyen, being first duly sworn on oath that she is a Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County Journal has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a Public Notice was published on Thursday, 213105 The full amount of the fee charged for said foregoing publication is the sum of $286.00 at the rate of $35-00 per inch for the first publication and NIA per Linchor each s qucnt insertion. ��ti111I I I1f171� Lily Nguyen Legal Advertis g Representative, King County Journal Subscribed -sworn to me this 3rd day of February, 20�5 Tom A. Meagher pL0 ti° ,r Notary Public for 3e State of Washington, Residing, in Re�oft4 W��ii�trg tr'��•`�• Ad ber: er: Cost of publishing this notice includes an affidavit surcharge. f'�f��i11t'��'tl�� KING COUNTY DEPT. OF DEVELOPMENT & ENVIRONMENTAL SERVICES (DDES) 900 Oakesdale Ave SW, Renton, WA 98055-1219 NOTICE OF LAND USE PERMIT APPLICATIONS REQUEST: FORMAL SUBDIVISION File: L04P0026 Fairwood Green Applicant: Karl Best, LaFortuna Townhomes LLC Location: Located south of SE 172nd St & east of 127th Ave SE Proposal: Subdivide 4,51 acres into 20 lots for single-family detached residences In the M and R-12 zone. Program Manager: Kim Claussen, 206-296-7167 IJEQUEST: FORMAL SUBDIVISION File: L04P0027 Wehrman Applicant: Trinity Land Development Location: Located south of SE 188th St, west of 124th Ave S Proposal: Subdivide 7.25 acres into 85 lots for single-family detached residences in the R-6 zone. Program Manager: Kim Claussen, 206-296-7167 REQUEST: FORMAL SUBDIVISION File: L04P0030 Woodinville 8 Applicant: Harbour Homes Location: Located on the west side of 130th Ave NE, between NE 197th St and NE 200th PI Proposal: Subdivide 7.06 acres into 56 lots for single-family detached residences in the R-6 zone. Program Manager: Kim Claussen, 206-296-7167 REQUEST: FORMAL SUBDIVISIQi+I File: L04P0031 1_Tubbell Applicant: Cam West Development Inc. Location: Located on the north side of NE 132nd St at 12604 NE 132nd St, Kirkland. Proposal: Subdivide 1.91 acres into 11 lots for single-family detached residences In the R-6 zone. Program Manager: Kim Claussen, 206-296-7167 COMMENT PROCEDURES: Comments on the above files are now being accepted by King County DDES, Land Use Services Division, at the address listed above. Phone: 206-296-6600. Published in the King County Journal February 3, 2005. #858213 0 tL__J 19L e�ea�tLe�i REPRESENTING THE $eattlePooOntelligencer PO Box 70, Seattle, WA 98111 K C /DEV & ENVIRON ATTN JACQUIE GONDOLA 900 OAKESDALE AVE SW RENTON, WA 98055 Re: Advertiser Account #78871004 Ad #: 717143700 Affidavit of Publication 3487294 / 3 STATE OF WASHINGTON Counties of King and Snohomish The undersigned, on oath states that helshe is an authorized representative of The Seattle Times Company, publisher of The Seattle Times and representing the Seattle Post-Intelligencer, separate newspapers of general circulation published daily in King and Snohomish Counties, State of Washington. The Seattle Times and the Seattle Post-Intelligencer have been approved as legal newspapers by orders of the Superior Court of King and Snohomish Counties. The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and distributed to its subscribers during all of the said period. The Seattle Times 06/28/06 Agent C _ s � _ignature Q� Subscribed and sworn to before me on mac. � �•`�-=�`'�cu,h . , :'.� PATE) (NOTARY SIGNATURE) Notary Public in and for the State of Washingtog, residing at.Seattle - '1 -� 2 !1 [i <- re it MW Scatfle Zt REPRESENTING THE Sk attle$ROst a1ntsUxgcncer Re Advertiser Account #78871004 Ad # 717143700 Ad TEXT: KING COUNTY DEPT. OF DEVELOPMENT & ENVIRONMENTAL SERVICES (DDES) 900 Oakesdale Ave SW, Renton, WA 98055-1219 NOTICE OF PERMIT HEARING & RECOMMENDATION LAND USE SERVICES DIVISION Request: Formal (Subdivision) File # & Name: L04P0027 Appllcarrt: Trinity Land Devi. Location: Located south of SE 188th St, West of 124th Ave S. Proposal: Subdivide 7.25 acres into 35 residential lots. Project Manager: Chad Tibbits, 206-296-7194 Hearing Date and Time: July 25, 2006 at 10:30 a.m. Location of Public Hearing: DDES, Hearing Room 900 Oakesdale Ave SW Renton, WA 98055-1219 Dept, Recommendation to Hearing Examiner Approve subject to conditions. Comment Procedures: Comments on the above file are now being accepted by King County DDES, Land Use -Services Division, at the *address listed above. Published this 28th day of June, 2006. MAIN FILE COPY STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Jody Barton, being first duly sworn on oath that she is the Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County Journal has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County_ The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a Public Notice was published on June 28, 2006 The full amount of the fee charged for said foregoing publication is the sum of $189.75. Jo rton p gal Advertising Representative, King County Journal Subscribed and sworn to me this 28th day of June, 2006. B D Cantelon e Notary Public for the State of Washington, Residing in Kent,WasE ih�tc�i�l% PO Number: 441 ��jlly (v � �` �y� -C, L� y KING COUNTY DEPT. OF DEVELOPMENT & ENVIRONMENTAL SERVICES (DDES) 900 Oakesdale Ave SW, Renton, WA 98055-1219 NOTICE OF PERMIT HEARING & RECOMMENDATION LAND USE SERVICES DIVISION Request: Formal (Subdivision) File # & Name: L04P0027 Applicant: Trinity Land Devi. Location: Located south of SE 188th St, west of 124th Ave S. Proposal: Subdivide 7.25 acres into 35 residential lots. Project Manager: Chad Tibblt,,, 206- 296-7194 Hearing Date and Time: July 25, 2006 at 10:30 a.m. Location of Public Hearing: DDES, Hearing Room 900 Oakesdale Ave SW Renton, WA 98055-1219 Dept. Recommendation to Hearing Examiner: Approve subject to conditions. Comment Procedures: Comments on the above file are now being accepted by King County DDES, Land Use Services Division, at the address listed above. Published this 28th day of June, 2006. Published in the King County Journal June 28, 2006. #860925 �i 0 0 Rogers, Carol From: Rogers, Carol Sent: Monday, January 31, 2005 10:08 AM To: 'Legals;'legals.bellevue@kingcountyjournal.com' Subject: Legal ads for publ. on Thursday, 213 Please confirm receipt. Please publish the accompanying, legal notice in your newspaper on THURSDAY, February 3 2005, which will meet our minimum legal notice requirement. Should this not be possible, please call or fax me immediately. Submit your invoice and 3 copies of the affidavit of publication to Accounts Payable, as soon after publication as possible, in order for us to enter legal proof of publication in our file records, and so that we may process same for payment_ Attachment: Legal Notice KING COUNTY DEPT. OF DEVELOPMENT & ENVIRONMENTAL SERVICES (DDES) 900 Oakesdale Ave SW, Renton, WA 98055-1219 NOTICE OF LAND USE PERMIT APPLICATIONS REQUEST: FORMAL SUBDIVISION File: L04P0026 Fairwood Green Applicant: Karl Best, LaFortuna Townhomes LLC Location: Located south of SE 172nd St & east of 12711 Ave SE Proposal: Subdivide 4.51 acres into 20 lots for single-family detached residences In the R-8 and R-12 zone. Program Manager: Kim Claussen, 206-296-7167 REQUEST: FORMAL SUBDIVISION File: L04P0027 Wehrman Applicant: Trinity Land Development Location: Located south of SE 188th St, west of 124th Ave S Proposal: Subdivide 7.25 acres into 35 lots for single-family detached residences in the R-6 zone. Program Manager: Kim Claussen, 206-296-7167 REQUEST: FORMAL SUBDIVISION File: L04P0030 Woodinville 8 Applicant: Harbour Homes Location: Located on the west side of 130th Ave NE, between NE 1971h St and NE 200th PI Proposal: Subdivide 7.06 acres into 56 lots for single-family detached residences in the R-6 zone. Program Manager: Kim Claussen, 206-296-7167 REQUEST: FORMAL SUBDIVISION File: L04P0031 Hubbell Applicant: Cam West Development Inc. Location: Located on the north side of NE 132^d St at 12604 NE 132^d St, Kirkland. Proposal: Subdivide 1.91 acres into 11 lots for single-family detached residences In the R-6 zone. Program Manager: Kim Claussen, 206-296-7167 COMMENT PROCEDURES: Comments on the above files are now being accepted by King County DDES, Land Use Services Division, at the address listed above. Phone: 206-296-6600. Published this 3"d day of February, 2005 1 uAIN, PLE COVY V cc: Accounts Payable, Administrative Services Division, DDES Application File(s): L04P0026; Fairwood Green subdivision application notice L04P0027; Wehrman subdivision application notice L04P0030; Woodinville 8 subdivision application notice L04PQ031; Hubbell subdivision application notice Seattle Times acct #078871004 SOC Page 1 of 2 Rogers, Carol From: Legals [legals@seattletimes.com] Sent: Monday, January 31, 2005 10:28 AM To: Rogers, Carol Subject: RE: Legal ads for publ. on Thursday, 2/3 Good Morning Carol, Your Legal Ad will run Thursday, February 3, 2005 for $ 137.76. Thanks, Eleanor Sub for Lady Byrd -----Original Message ----- From: Rogers, Carol[mailto: Carol. Rogers@M ETROKC.GOV] Sent: Monday, January 31, 2005 10:08 AM To: Legals; 'legals.bellevue@kingcountyjournal.com' Subject: Legal ads for publ. on Thursday, 2/3 Please conrrrm recelpt. Please publish the accompanying, legal notice in your newspaper on THURSDAY. February 3 2005, which will meet our minimum legal notice requirement. Should this not be possible, please call or fax me immediately. Submit your invoice and 3 copies of the affidavit of publication to Accounts Payable, as soon after_publication as_possible, in order for us to enter legal proof of publication in our file records, and so that we may process same for payment. Attachment: Legal Notice KING COUNTY DEPT. OF DEVELOPMENT & ENVIRONMENTAL SERVICES (DDES) 900 Oakesdale Ave SW, Renton, WA 98055-1219 NOTICE OF LAND USE PERMIT APPLICATIONS REQUEST: FORMAL SUBDIVISION File: L04P0026 Fairwood Green Applicant: Karl Best, LaFortuna Townhomes LLC Location: Located south of SE 172nd St & east of 127t' Ave SE Proposal: Subdivide 4.51 acres into 20 lots for single-family detached residences In the R-8 and R-12 zone. Program Manager: Kim Claussen, 206-296-7167 REQUEST: 'FORMAL SUBDIVISION File: L04P0027 Wehrman Applicant: Trinity Land Development 01 /31 /2005 SOC Page 2 of 2 Location; Located south of SE 188th St, west of 1241h Ave S Proposal: Subdivide 7.25 acres into 35 lots for single-family detached residences in the R-6 zone. Program Manager: Kim Claussen, 206-296-7167 REQUEST: FORMAL SUBDIVISION File: L04P0030 Woodinville 8 Applicant: Harbour Homes Location: Located on the west side of 130th Ave NE, between NE 197th St and NE 200th PI Proposal: Subdivide 7.06 acres into 56 lots for single-family detached residences in the R-6 zone. Program Manager: Kim Claussen, 206-296-7167 REQUEST: FORMAL SUBDIVISION File: L04P0031 Hubbell Applicant: Cam West Development Inc. Location: Located on the north side of NE 132" d St at 12604 NE 132nd St, Kirkland. Proposal: Subdivide 1.91 acres into 11 lots for single-family detached residences In the R-6 zone. Program Manager: Kim Claussen, 206-296-7167 COMMENT PROCEDURES: Comments on the above files are now being accepted by King County DDES, - --- - -- Land Use Services Division, at the address listed above. Phone: 206-296-6600. Published this 3rd day of February, 2005 cc: Accounts Payable, Administrative Services Division, DDES Application File(s): L04P0026; Fairwood Green subdivision application notice L04P0027; Wehrman subdivision application notice L04P0030; Woodinville 8 subdivision application notice L04P0031; Hubbell subdivision application notice Seattle Times acct #078871004 01 /31 /2005 File f.Cfit Ykm Insert Fsrm I 6rtb'Is • 04{ ELeptyReply to Al 4 Faovard From: Tom Meader [tom.meagl-w@Wngcountyj xnaI,com] Sert: Mon 01131tM 10:40 AM To: Rogers, Carol Cc: 5ubject: RE: Legal ads I'm publ< on Tlwsday, 213 Hi, Carol! I have received your email and MI publish the notice Re/File Nos. L04POO26, L04POO27, L04P0030 and L04PC 1 in the 21WAD5 edition of the Icing County Journal. Thanks a lot, Carol... have a really nice day today! Tom Meagher Legal Advertising Representative King County Journal Newspapers Phone: 425-4 3-4296 Fax; 425-635- 6 i2 -----Cti&al Message -- From: Rogers, Carol [mailto:Carol.Rogers@MM RO C.GOV) Sent: Monday, J anuary 31, 200310:08 AM Te:'Lega, ; legals.beUevue@kirigeountyjournal.cram' Subject: Legal ads for publ. on Thursday, 213 v 0 Monday, Jan 31, 2005 10:43 AM User: piancrog Computer: DE217953 Os: Windows NT Version: 5.1 O Department of Development and Environmental Services Land Use Services Division 9W Oakesdale Avenue Southwest Renton, Washington 98055-1219 Note of Application (Type 3) Applicant: Trinity Land Development File No.: L04P0027 — Wehrman Subdivision 310 291h Street N E Puyallup, WA 98373 DDES Planner: Kim Claussen 253-845-2922 Planner Telephone No.: 206-296-7167 e-mail: kimberly.claussen@metrokc.gov Date Application Filed: December 14, 2004 Date Determined Complete: January 11, 2005 Project Location: The site is located south of SE 188th St., west of 1241h Ave S. Project Description: This is a request to subdivide 7.25 acres, zoned R-6 into 35 lots for single family detached residences and tracts for drainage, recreation and sensitive areas. The lots average approximately 4,364 square feet in size. Permits requested in this application: Formal subdivision Relevant environmental documents are available at the address below: Environmental checklist, Drainage study, wetland study Development regulations to be used for project mitigation, known at this time: KCC 21A., including sensitive area regulations, road standards and 1998 Surface Water Design Manual Consistency with applicable County plans and regulations: This proposal will be reviewed for compliance with all applicable King County Codes, including those noted above Other permits not included in this application, known at this time: None A public hearing before the King County Hearing Examiner is required for this application. Notification of the public hearing date will occur approximately 30 days prior to the scheduled hearing date. The Department of Development and Environmental Services (DDES) will issue a report and recommendation to the Hearing Examiner two (2) weeks prior to the scheduled public hearing. Following the close of the public hearing, the Hearing Examiner will issue a written decision which may be appealed to the Metropolitan -King County Council. Details of the appeal process will be included in the notice of recommendation. Any person wishing additional information on this proposed project should contact DDES at the address and/or telephone number listed below. Written comments may also be submitted to DDES. You may review the application and any environmental documents or studies in our Renton office. NOTE: if you require this material in braille, audio cassette, or large print, please call (206) 296-6600 (voice) or (206) 296-7217 (TTY). Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055.1219 Mailing Date: February 11, 2005 Please send me notification of the public hearing and other official notices concerning this application. File No. L04P0027 - Wehrman (Please print) Name: Address: Telephone No.: PFMMINAW PLAT , FOR r - WEH'RMAN PROPERTY _. A PORTION OF THE SW 1/4 OF SECTION 33, TOWNSHIP 23 N., RANGE 5 E„ W.M. KaNQ COUNTY, WASHINGTON nr DEC 1 4.look �eosawoae —'PEDU -1 BRIocE EuuLEvw.a w c Ma +rreo; 0 0 BARGHAUSEN CONSULTING ENGINEERS L04P0027 WHITTAKER, BRUCE IVANA IIALVORSEN SR. ENGINEER DDES/LUSD 18215 72ND AVL SOUTH MS: OAK - DE - 0100 KF,NT, WA 98032 CLAUSSEN, KIM L04P0027 PROGRAM MANAGER III DDES/LUSD MS: OAK - DE - 0100 DINSMORE, LISA L04P0027 CURRI NT PLANNING3 SUPERVISOR MS: OAK - DE - 0100 DDES/LUSD GILLEN, NICK L04P0027 WETLAND REVIEW DDES/LUSD MS: OAK - DE - 0100 LANGLEY. KRIS L04P0027 TRAFFIC FNGINEER DDES/LUSD MS: OAK - DE - 0100 ROGERS, CAROL L04P0027 CURRENT PLANNING SECTION MS: OAK - DE - 0100 DDES/LUSD TRINITY LAND DEVELOPMENT LLC L04P0027 CLARK MCGOWAN 310 29TH STREET NE PUYALLUP, WA 99372 WEHRMAN, MARVIN L04P0027 5115 33RD AVF, WEST EVERETT, WA 98203 WEST, LARRY L04P0027 GEO REVIEW DDES/LUSD MS: OAK - DF - 0100 L04P0027 0984000510/L04POO27 6199000186/L04POO27 6199000060/LO4POO27 ALEXANDER DAMES W BREVIK DENNIS A & DEBORAH BUI KIM 12504 SE 188TH PL 19103 121ST PL SE 10909 SE 222ND ST RENTON WA 98058 RENTON WA 98058 KENT WA 98031 6199000200/LO4PO027 6199000183/LO4POO27 0984100340/L04P0027 BUSH BENEDICT & GERALDINE A BUSH BENEDICT & GERALDINE A CASTELLANOS JUAN+HECTOR 19124 121ST PL SE 19124 121ST PL SE 18601 126TH PL SE RENTON WA 98058 RENTON WA 98058 RENTON WA 98059 0984100370/L04P0027 6199000241/LO4POO27 0984100400/L04POO27 CHIN STEVEN B+SUGAHARA CONNIE T COGGER TIM DROZ JOHN 18613 126TH PL SE 609 GRANT AV S 18920 127THPL SE RENTON WA 98058 RENTON WA 98055 RENTON WA 98058 SD9/L04PO027 6199600161/LO4P0027 0984100410/LO4POO27 G. ANDERSON, PLANT & FACILITIES GIESE DWAYNE S+AMY JO GOFF THOMAS M KENT SCHOOL DISTRICT #415 12048 SE 188TH ST 18701 126TH PL SE 12033 SE 256TH ST RENTON WA 98058 RENTON WA 98055 KENT WA 98031 3323059041/1-04P0027 6199000205/LO4PO027 0984100330/LO4P0027 GOUKER GREGORY LEE+GWINN MI HALLADIN STEPHEN K+MARGIE B HOLLOWAY RAYMOND F+MARCELLA 18451 124TH AV SE 19118 121ST PL SE 18549 126TH PL SE RENTON WA 98058 RENTON WA 98058 RENTON WA 98058 6199000262/LO4P0027 6199600180/LO4POO27 6199600160/LO4P0027 HUFFMAN GREG JANDA ANTHONY J JANDA ANTHONY 14744 175TH AV SE 12206 SE 188TH ST 12206 SE 188TH ST RENTON WA 98059 RENTON WA 98055 RENTON WA 98058 0984100350/L04POO27 3323059054/L04P0027 3323059098/LO4P0027 JOHNSON BRIAN L+NYLA N KENT SCHOOL DIST 415 KING COUNTY 18605 126TH PL SE 12033 SE 256TH ST 500A KING COUNTY ADMIN BLDG RENTON WA 98058 KENT WA 98031 500 FOURTH AV SEATTLE WA 98104 0305500310/L04PO027 3323059057/LO4P0027 0422059124/LO4POO27 KING COUNTY KING COUNTY KING COUNTY 500 4TH AVE ROOM 500-A 500 KC ADMIN BLDG 500 KC ADMIN BLDG SEATTLE WA 98104 500 4TH AV 500 4TH AV SEATTLE WA 98104 SEATTLE WA 98104 0984000530/L04P0027 6199000025/LO4P0027 6199000021/L04POO27 LARSON ALICE MARGARET MARTIN FRANK L MARTIN FRANK L 12511 SE 188TH PL 12023 SE 188TH 12023 SE 188TH RENTON WA 98058 RENTON WA 98055 RENTON WA 98055 0964000490/L04POO27 0984000560/L04PO027 3323059073IL04P0027 MIDKIFF JEFFREY D MOCHEL SCOTT & PAM NELSON MICHAEL C+SANDRA L 12518 SE 188TH PL 12531 SE 188TH PL 18613 124TH AV SE RENTON WA 98058 RENTON WA 98058 RENTON WA 98058 6199000100 / L04P0027 6199600120 / R. TRAL04P0027 R.STRACK4 E,F FACILITIES & PLANNING PACHECO EDUARDO SANTOS PERRY TOMMY L+CHRISTINE R RENTON SCHOOL DISTRICT #403 12139 SE 188TH ST 12004 SE 188TH ST TH ST RENTON WA 98058 RENTON WA 98058 N RENTON W TON WA 9 REN98055 6199000220/L04P0027 6199600130/L04P0027 7932000035/L04P0027 RITZ JANIE L ROSENGRENS GORDON SELLAND RICHARD O+ANN M 12208 SE 192ND ST 16638 120TH SE 615 S 96TH ST RENTON WA 98055 RENTON WA 98058 SEATTLE WA 98108 0984000480/L04P0027 7932000042/L04P0027 0422059024/L04P0027 SENN BRYAN+BERETTA GINA STEVENS MARK B+LAUREEN A SWENSON REUBEN G 12526 SE 188TH PL 19225 124TH AV SE 19226 124TH AV SE RENTON WA 98058 RENTON WA 98058 RENTON WA 98058 6199600140/L04P0027 0984000470/L04P0027 6199000240/L04P0027 TAKAMURA FRIEDA K+BERNTSON, TAYLOR LONDELL B I THOMPSON JAMES LEEROY+JUDIT 12040 SE 188TH ST 12532 SE 188TH PL 12218 SE 192ND RENTON WA 98058 RENTON WA 98058 RENTON WA 98058 6199000215/L04P0027 3323059039/L04P0027 6199000101/L04P0027 WALTERS GARY A & TINA M WATKINS NORMAN T WEHRMAN MARVIN 12204 SE 192ND ST 18601 124TH AV SE 5115 33RD AV W RENTON WA 98058 RENTON WA 98055 EVEREI7 WA 98203 3323059010/L04P0027 6199000080/L04P0027 7932000043/L04P0027 WEHRMAN MARVIN WHEELER TIM R+BRANDIE J WILSON MARK A 5115 33RD AV W 12637 NE 68TH PL 19205 124TH AV SE EVERETT WA 98203 KIRKLAND WA 98033 RENTON WA 98058 0984100390/L04P0027 6199000126/L04P0027 6199000127/L04P0027 WITTMAN DAVID H+MARY P YEE PHILIP M & FANNY Y YEE PHILIP M & FANNY Y 18621 126TH PL SE 11431 238TH AV SW 11431 238TH ST SW RENTON WA 98058 WOODWAY WA 98020 WOODWAY WA 98020 0984100360/L04P0027 ZULFER PHILLIP J+ZULFER PAM 18609 126TH PL SE PENTON WA 98058 I - (E Renton) FD25 (Spring Glen) Fire Protection Dist #25 Fire Protection Dist #40 P.O. Box 2925 10828 SE 176th St Renton WA 98056-0925 Renton WA 98055 MS: KSC-NR-0600 MS: KSC-TR-0431 Water & Land Res. Div Gary Kriedt King County Dept. of Natural Res. KC Metro Envirn. Planning Steve Foley LI15 Fairwood Library Highlands Library 17009 - 140th Av SE 2902 NE 12th St Renton WA 98058 Renton WA 98056 LI23 Documents Dept. Librarian Kent Regional Library King County Library System 212 - - 2nd Av N 960 Newport Way NW Kent WA 98032-4482 Issaquah, WA 98027 LI36 ATTN: Edward White Renton Library Kent Engineering Dept 100 Mill Av S 220 - 4th Av S Renton WA 98055 Kent WA 98032 PL19 City of Renton Kent Planning Dept Economic Development Dept. 220 - 4th Av S 1055 S. Grady Way Kent WA 98032 Renton WA 98055 Clinton G. Marsh, Director Fac. & Const. Dept SD9 R. Stracke, Facilities & Ping Kent School District # 415 Renton School Dist # 403 12033 SE 256th St. Bldg B 1220 N 4th St Kent WA 98031-6643 Renton WA 98055 Administrator SE5 Environmental Review Section Kent Sewer Utility WA State Dept of Ecology 220 - 4th Av S PO Box 47703 Kent WA 98032 Olympia WA 98504-7703 Habitat Biologist, Rod Malcom TR1 Russ Ladley, Fisheries Biologist Muckleshoot Indian Tribe Puyallup Tribe 39015 - 172nd Av SE 6824 Pioneer Wy E Auburn WA 98002 Puyallup WA 98371 TR3 Fisheries Habitat/Environment Snoqualmie Tribe Suquamish Indian Tribe PO Box 280 PO Box 498 Carnation WA 98014-0280 Suquamish WA 98392 FD40 KC27 LI20 L124 PL18 PL33 SD13 ST2 TR2 TR5 a Richard Young Tulalip Tribe 7615 Totem Beach Rd Marysville WA 98271 Public Works Dtr Kent Water Dist 220 - 4th Av S Kent WA 98032 Soos Creek Water/Sewer Dist PO Box 58039 Renton WA 98058-1039 Coal Creek Utility District 6801 132nd Place SE Newcastle, WA 98059 WA State Dept. of Wildlife 16018 Mill Creek Blvd. Mill Creek, WA 98012 WA State Dept. of Ecology NW Regional Office 3190 - 160th Ave SE Bellevue, WA 98008-5452 WA St, Ecology Dept/WQSW Unit Linda Matlock PO Box 47696 Olympia, WA 98504-7696 Eleanor Moon KC Executive Horse Council 12230 NE 61st Kirkland, WA 98033 TR4 0 Cedar River Water/Sewer Dist 18300 SE Lk Youngs Rd Renton WA 8058-9799 WD23 City of Renton, Public Works Dept. Development Services Div. 1055 South Grady Way Renton WA 98055 WD41 WD57 Water Dist #90 15606 SE 128th St Renton WA 98059-8522 Water Dist #111 27224 - 144th Av SE Kent WA 98042-9058 WA State Dept. of Wildlife Habitat Mgmt. Division P.O. Box 43155 Olympia, WA 98504-3155 WSDOT NW Region SnoKing Area MS-240 15700 Dayton Ave No. PO Box 330310 Seattle, WA 98133-9710 Roger Dorstad PO Box 375 Redmond, WA 98073 WD12 WD32 WD55 WD58 0 9 Rogers, Carol From: Rogers, Carol Sent: Friday, June 23, 2006 8:27 AM To: 'Legals';'legals.belIevue@kingcountyjournal.com' Subject: Legal ad for publ. on Wed, 6128 L04P0027 Please confirm_receiot. Please publish the accompanying, legal notice in your newspaper on WEDNESDAY, June 28, 2006, which will meet our minimum legal notice requirement. Should this not be possible, please call or fax me immediately. Submit your invoice and 3 copies of the affidavit of publication to Accounts Payable, as soon after publication as possible, in order for us to enter legal proof of publication in our file records, and so that we may process same for payment. Attachment: Legal Notice KING COUNTY DEPT. OF DEVELOPMENT & ENVIRONMENTAL SERVICES (DDES) 900 Oakesdale Ave SW, Renton, WA 98055-1219 NOTICE OF PERMIT HEARING & RECOMMENDATION LAND USE SERVICES DIVISION Request: Formal (Subdivision) File # & Name: L04P0027 Applicant: Trinity Land Devl, Location: Located south.of SE 188'h St, west of 12411 Ave S. Proposal: Subdivide 7.25 acres into 35 residential lots, Project Manager: Chad Tibbits, 206-296-7194 Hearing Date and Time: July 25, 2006 at 10:30 a.m. Location of Public Hearing: DDES, Hearing Room 900 Oakesdale Ave SW Renton, WA 98055-1219 Dept. Recommendation to Hearing Examiner: Approve subject to conditions. Comment Procedures: Comments on the above file are now being accepted by King County DDES, Land Use Services Division, at the address listed above. Published this 28th day of June, 2006. cc: Accounts Payable, Administrative Services Division, DDES Application File(s): L04P0027; Wehrman subdivision hearing notice. Seattle Times acct ##078871004 MAIN PILE COPY 0 0 �� "wit � -, irrt .-F�iriat Taals t _ �leip 13ep R?h toA]l ward ; sR ► tl E� E � �'<E<I<F .'<'<.'<.. .......... s...... wqb Rl`=i""''.:'._.:�'.::'.t»^.�k�'.�':'m.'. �( _.....:... ._.«... kfY.....,,€P:. <. From: Legal [tey s +seakkletrrus.con,] 5entc Fri 061231006 ®:43 AM To; Rogers, Carol cc: Subiect: RE. Legal ad for pubL on Wed, 6128 L10000321 . -- ......................... _.."-"-"-"_--------- ---- Hi Carol, Your Legal Notice request under AD 3487294 is scheduled to run Wednesday, June 23, 2oo6 [ Times only) for $ 70,5Z Thanks, Eleanor -----org"I Pllessage-____ FnNn: Pagers, Carol[mal1VCarol,Pogers*61ETR0KC.G0Y] Sent: Friday, June 23, 2046 8:27 AM To: Legals; let}ais.bellevuet�kingccxxstyjcazrral,com Subject: legal ad for pt bl, on Wed, 6/28 L04PO0,7 P10tase canfirrll rec$iut. Please publish the accompanying, legal notice in your newspaper on WEDNESDAY. ,lane 20. 20%. which will meet our minimum legal notice requirement. Should this not be possible, please call or fax me hamediately. Submit your invoice and 3 copies of the affidavit of publication to Accom"s Payable. as soon after p€rhllcadlon as passible, in order for us to enter legal proof of publication in our file records, and so that we may process same for payment. Attathment: Legal Notice KING COUNTY DEPT. OF DEVELOPMENT Friday, Jun 23, 2006 09:10 AM User: rogersca Computer: DE235364 Os: Windows NT Version: 5.1 0 File "e1rt Ylewrfsl From: 3ndyBarton ijody.b4rtorArkiVcountyjoienat.com] Sit: N061231200611:05AM To: Rogers, Carol Cc: subject: RE: keo ad Fran publ. an wed, 6128 t,09137027 Good Moming Carols! I have received your email with the attachment and will publish the notice (re: File # L04POO27) in the Wednesday, June 28, 2t6 edition of the King County Journal. Thank you!' Jody Jody Barton Legal Advertising Representative Kmg County Journal 253-234-3506 (Work) 253-859-9737 (Fax) Hours: M-F &30am - 5:30pm "The happiest of people don't necessarily have the best of everything, they just make the best of everything that crimes clang their way, - ---Origin:alMaBrage-- . From: Rogers, Carol (mwhoCamIRogerg@ME rROKC.GOV) Seat: Friday, Luna 23, 2006 8:27 AM To: Loga3s, Sagals.battavue�ldngrouutyjoumattom SN&*L Legal ad for pubf. oz<Wed, 6M Ll3 WM27 Please corriittn receipt. Please publish the accompanying, sepal notice in your newspaper on Y Friday, Jun 23, 2006 12.23 PM User: rogersca Computer: DE235364 Os: Windows NT Version: 5.1 AOBPMOEE PREAPP M 03105/2008 COMPLETE '?��zLOBV0033 SUBUAR ip4/0A12008DENIED 4^fiyiUes 7o .. R,tMV0 AWPP Thursday, Jan 15, 2009 03:40 PM User: carisonj Computer: DE242927 Os: Windows SIT Version, 5_1 r:,n,. •;,unt, iichd�?I a C1 d of 1)c1 clupnwnl rin, line I; i r, rl Scow Iuci Land rise ServirrsDiv ' 1100 CU.dlk Avenue k�Whwcst Rcntun,Washm.4on 99(65-1211? i 2f7G) 296-66W 'r rY i SUS i 246-7217 'W Comment: Application for Land Use Permits Alteriitative formats available upon request Do not wnte in fts box Application Number(s); I� r-�+ r ��1 U� 1004 Dge' 6t t-'t&d(Stamp) DO NOT WRITE ABOVE THIS WADER I (We) request the following permit(s) or approval(s) ❑ Building Permit ❑ Shoreline Substantial Development Permit ❑ Clearing & Grading Permit ❑ Shoreline Conditional Use Permit ❑ Temporary Use Permit ❑ Shoreline Variance ❑ Binding Site Plan ❑ Shoreline Redesignation ❑ Site Development Permit ❑ Zoning Variance ❑ Boundary Line Adjustment ❑ conditional Use Permit ❑ Short Subdivision ❑ Reuse of Public Schools Formal Subdivision ❑ Special Use Permit Urban Planned Development ❑ Zone Reclassification ❑ Plat Alteration ❑ Site Specific Comprehensive Plan Amendment ❑ Plat Vacation ❑ P-Suffix Amendment ❑ Road Variance ❑ Special District Overlay Removal ❑ Drainage Variance or Adjustment ❑ Reasonable Use Exception ❑ Right -of -Way Use Permit ❑ Public Agency & Utility Exception ❑ Shoreline Exemption ❑ Period Review for Mining Sites I, Marvin Wehrman being duly sworn, state that I am the owner or (print name) officer of the corporation owning property described in the legal description filed with this application and that I have reviewed the rules and regulations of the Department of Development and Environmental Services (DDES) regarding the preparation and filing of this application and that all statements, answers and information submitted with this application are in all respects true, accurate and complete to the best of my knowledge and belief. During the review of this application, it may be necessary for DDES staff to make one or more site visit. By signing this application form, you are giving permission for these visits it is ren I ro rty, the owner hereby agrees to notify tenants of possible site visits. Marvin Web rman printed name signature .z3 RD 51 15 #d Avenue West mailing address corporation or company name Everett WA 98203 ??zr/ city state zip teleph n If applicable, state below, the name, address and telephone number of the authorized applicant for this application as shown on the Certification and Transfer of Application Status form filed with this application. Clark McGowan, Trinily Land Devlopment, f.I.0 310 - 29th Street N.E. Name mailing address a� C E M x � it a J a� CD � � - o � CD } C o -E !E E x (D tU .E cc c (253) 8 45-2922 Puyallup WA 99372 Telephone city state rip Check out the DOES Web site at www.metmalrc.rtov/dries �1 AI Application for Land Use PermtEks) icappauper.pdf 05127I03 f age 1 of 2 ��_E COVIV 11418.004 t 40 For Formal Subdivisions only: 4 Wehnnan Preliminary Plat Name of Subdivision Bar hausen Consulting Engineers, Inc. Registered Land Surveyor Barghausen Consulting Engineers, Inc. Engineer Trinity Land Develo meet, L.L.C. Developer Land Surveyor's Certification I hereby certify that the accompanying plat has been inspected by me and conforms to all rules and regulations of the platting resolution and standaro for King County, Washington ,f /) Signed: Date: L2z/e d- Dennis J. Saltys Name 18215 72nd Avenue South, Kent, WA 98032 Address and Zip (425) 251-6222 Telephone Number Ivan Halvorsen Name 18215 72nd Avenue South, Kent, WA 98032 Address and Zip Clark McGowan r "NA 310 - 29th Street N.E., Puyallup, WA 98372 Address and Zip (253) 845-2922 Telephone Number Land Surveyor Seal s 27 2 y ALLANa �, 7XPIRES: 9 -IS- �t Note: Application forms and submittal requirements are subject to revision without notice. Check out the DDES Web site at www.metrokc.grov/dries 0- Application for Land Use Permit(s) IGapp-luper.pdf 05/21103 Page 2 of 2 11418.004.doc 0 4 King County Department of Development and Environmental Services 900 Oakcsdale Avenue Southwest Renton, Washington 98055-1219 12-14-2004 Application Acknowledgement This letter is to acknowledge that an application has been received for the following work: Application Number: L04P0027 Application Date: 12/14/2004 Applicant: TRINITY LAND DEVELOPMENT, LLC Location: Site Address: Parcel: 332305-9010 Permit Type: PRE -PLAT Subtype: PRE -PLAT Title: WEHRMAN PROPERTY PLAT Description: PRELIMINARY PLAT FOR 35-LOTS OF WEHRMAN PRELIMINARY PLAT; 3 OPEN SPACE TRACTS; Questions about this application and it's status should be directed to the permit service center at: 206-296-6600. LU APP ACK 05-1 "3 0 PeFIA U � 2 n li � x %Sk . CZT11% EfVG1Nti�v Kim Claussen King County Department of Development and Environmental Services 900 Oakesdale Avenue Renton, WA 98055 CIV L ENGINEERI\,:3. LAND PLANNING, SUHAYM3 LNVIHONM_N IAL SEHVICES December 14, 2004 HAND DELIVERY RE: Wehrman Preliminary Plat King County Parcel Nos: 102605-9118 and —9110 Our Job No. 11418 Dear Kim: On behalf of our client Trinity Land Development LLC, Barghausen Consulting Engineers, Inc., is formally submitting an application for the preliminary plat referenced above. This project proposal is to subdivide approximately 7.25 acres into 35 single-family residential lots to be developed with attached or detached units, a sensitive areas tract, a detention facilities tract, and a public roadway. The property is located east and south of the current terminus of S.E. 188th Street and a portion of the S.W. 1/4 of Section 33, Township 23, Range 5 E. The following application documents have been complied as a complete application package and are submitted for your review: 1. One (1) check from Trinity Land Development LLC in amount of $14,894 made payable to King County Department of Finance 2. One (1) copy of the Preliminary Plat application and checklist 3. One (1) set of current Assessor's maps of the property to be subdivided 4. Three (3) copies of the legal description on 8 1/2 - by 11-inch paper 5. One (1) copy of Proof of Legal Lot Status 6. Twenty (20) copies of the SEPA Environment Checklist 7. One (1) copy of the Certificate of Water Availability issued by Soos Creek Water and Sewer District dated September 23, 2004 8. One (1) copy of the Certificate of Sewer Availability issued by Soos Creek Water and Sewer District dated September 23, 2004 9. Thirty-five (35) copies of the proposed plat prepared by a licensed surveyor 10. Three 3 copies of Fire District Receipt dated December 2 2004 11. Eight (8) copies of Level 1 Drainage Analysis prepared by Barghausen Consdtir Engineers,> Inc., dated December 2004 " r 12. Three (3) copies of Transportation Certificate of Concurrency dated October 24, 204 Y0� 13. Three (3) copies of Subdivision Density and Dimensions Worksheet ;l 14. Three (3) copies of Certificate of Sensitive Areas Compliance 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 25L2 201�1 2 ' BRANCHOFFICES ♦ OLYMPIwA♦ TEMECUA, CA ♦ WALNUT CREE wwwbarghausen.com 'Aitc o Kim Claussen King County Department of Development and Environmental Services -2- December 14, 2004 15. Three (3) copies of Applicant Status Form 16. Three (3) copies of list of other issued or pending permits 17. Three (3) copies of photographs of Boulevard Lane Park 18. One (1) copy of Pre -Application Credit Form 19. Three (3) copies of title report issued within 30 days of application 20. Eight (8) copies of Field Topographic Base Map prepared by Barghausen Consulting Engineers, Inc. 21. Eight (8) copies of Conceptual Drainage Plan prepared by Barghausen Consulting Engineers, Inc. Site Description: The subject property consists of two existing parcels located west of and adjacent to Boulevard Lane Park, east and south of the existing terminus of S.E. 188th Street. The site is currently undeveloped. A Bonneville Power Association (BPA) easement and power lines cross a portion of the eastern side of the site. The western edge of a Class I Wetland encroaches into the extreme eastern side of the site, entirely within the BPA power easement. Neighborhood Characteristics: The proposed, preliminary single-family subdivision of Soos Creek Plat, L04P0002, abuts the site to the south. Other single-family residential uses surround the property on the north and west side. Boulevard Lane Park abuts the site on the cast side. Overall neighborhood characteristics are rural/suburban residential in nature. Zoning and Comprehensive Plan: The site has a Comprehensive Plan designation of Urban Residential, 4 to 12 dwelling units per acre, with a correlating zoning designation of R-6 (Residential 6 du/acre). The project will conform to the development standards for density and dimensions of the R-6 zone. Based on the site area as calculated pursuant to King County Code (KCC) 21A.06.1172, the base density for the site is 44 dwelling units. The minimum number of dwelling units to be provided is 20 units. Access and Frontage Improvements: Although there is potential for access from the existing 30-foot wide public right-of-way of 124th Avenue S.E., the Class I wetland in the southeastern portion of the site render this route unsuitable, particularly as an alternate access is available from S.E. 188th Street. Site access is proposed via the dedication and improvement of an existing recorded access easement granted for use by this property, connecting the site to the eastern terminus of S.E. 188th Street. This easement will be developed to a public residential half -street standard according to King County urban subaccess street requirements. The half -street improvement would be completed to a full street standard when the property to the north develops. The proposed street will be constructed to King County subaccess road standards and is proposed in anticipation of a connection to the Soos Creek Plat road system. The site contains no frontage on a public road, thus no frontage improvements are proposed. 0 4 Kim Claussen King County Department of Development and Environmental Services -3- December 14, 2004 This project received a Transportation Concurrency Certificate from King County on October 24, 2004. The Transportation Concurrency Certificate has been issued for 43 new single-family residential lots. Utilities: This project has been issued certificates of availability for water and sewer from Soos Creek Water and Sewer District. A Developer Extension Agreement will be necessary to serve the subject property with new water and sewer mains to be constructed onsite. Stormwater Facilities: The project proposes to construct a Stormwater detention facility to be contained within a separate tract in the eastern portion of the site. The Stormwater detention facilities are designed and constructed in accordance with the 1998 King County Washington Surface Water Design Manual to provide Level 1 flow control and basic water quality. Stormwater from the future homes and proposed roadway will be collected in catch basins and carried via an underground conveyance system to the proposed stormwater facilities located onsite. I trust that these documents are satisfactory for a complete preliminary plat application. Please review the enclosed information and issue the notice of application as soon as possible. If you have questions or need additional information, please contact me at this office. Respectfully, Ivana Halvorsen Senior Planner IWPJ 11418c.011.doe enc: As Noted cc: Chris Austin, Trinity Land Development LLC (wlenc) Rob Flitton, Trinity Land development LLC (w/enc) Daniel K. BaImelli, Barghausen Consulting Engineers, Inc. Brendan T. Madden, Barghausen Consulting Engineers, Inc. SOC Page 1 of 1 I11i7::V King County Department of Development and Environmental Services 900 Oakesdale Ave SW Renton, Washington 98055-1219 December 14, 2004 3ull11111ary Ul at HuuiiCatituli Applicant: TRINITY LAND DEVELOPMENT, LLC Activity Number: ATTN. CLARK MCGOWAN Project Number: L04POO27 310-29TH STREET NE Development Number: PUYALLUP, WA 98372 Permit Type: PRE -PLAT Status: APPLIED Description Due At Application Due At Settlement Bldg FireFlow Review $211.31 Counter Service Fees S483,00 Critical Areas Non-Resi $724.50 Deposit Based on Est Hrs $34,776.00 Totals By Category: $36,194.81 $0.00 Total Fees: $36,194.81 The fees shown above represent current charges as of this date and are an estimate based on the information provided to DDES at the time of application. For services that are rendered on an hourly basis, the cost of those services will be based on the actual hours worked. Hourly fees are charged at the rate in effect at the time of service, and will be billed monthly, along with any other outstanding fees. Fees that have been posted prior to permit issuance will be collected at that time. Fees subsequently posted will be billed to the apllicant. All fees must be paid in full before DDES issues Final Approval, T.G.O. or C.O. fa r .' O�" Permit Application Information - DDES, King County Washington Page I of 1 http://appsOI.metrokc.gov/www6/ddes/scripts/perrndetaiI.cfin?permit no=AO4PM141 King County 1111112MI11111�k;[_, P.M.., Department of Development and Environmental Services > aBES Homepage Online Permit Detail Permit Information: Contact Information: Activity No: A04PM141 Applicant: BARGHAUSEN Permit Type: PREAPP-M ENGINEERS, INC Sub -Type: LUSD Address: 18215 72ND AVE S Title: PRELIMINARY KENT WA PLAT 98032 Status: MTG-HELD Assigned Staff: DSTE Process Percent: 100% site Information: Description: Preliminary Plat Location & KC Pre-Ap located at Juris.: East terminous of Community Plan: SOOS CREEK SE 188th St (39-43 Comp Plan: URBAN RES 4-12AC lots) Owner: WEHRMAN MARVIN Applied/Opened: 07/08/2004 Parcel No: 61990.001.01_(Link to Approval/Decision: 08/19/2004 Parcel Viewer Map) Completed Date: 08/19/2004 Link to: Parcel Rep_..orts Related Parcel/Permit Activity: Other Projects/Actions attached to this parcel List Date: December 2, 2004 King County I Permit Applications Report Engine I News I Services I Comments Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County Web pages, you expressly agree to be bound by terms and conditions of the site. The details. DEC 1 4 2004 K.C. D.n.r s, L" 0 `"` 12/2/2004 1 NOV 2 2004 i Ci f ton Transfer King County BY: of App"rant. Status Department of Development and Environmenta ervices 900 4akesdale Avenue Southwest Renton, Washington 98055-1219 206-296-6600 TTY 206-296-7217 Alternative formats available upon request Permit Number: FOR CURRENT OWNER: � -460 wo- JL JJ 2 I, Marvin Wehrman and Rosemary Wehrman , (print name) hereby certify that I am an/the owner of the property which is the subject of this application for permit or approval. if I am not the sole owner of the property, I certify that I am authorized by any and all other owners of the property to make this certification and transfer any an all rights I/we have to apply for this permit or approval to the person listed below. I, therefore certify that Trinity Land Development, L.L.C. (print name) is the "applicant" for this permit or approval and shall remain the "applicant" for the duration of this permit or approval unless "applicant" status is transferred in writing on a form provided by this department. By being the "applicant," that individual assumes financial responsibility for all fees and will receive any refunds paid. i n ApIty of perju under the laws of the State of Washington that the foregoing is true and correct. %DIV 41' Signafure of Owners Date Signed FOR INDIVIDUALS: 1, , (print name) hereby certify, that I am the "applicant" for this permit or approval. I shall remain the "applicant" for the duration of this permit or approval unless "applicant" status is transferred in writing on a form provided by this department. I accept financial responsibility for all fees associated with this permit or approval and will receive any refunds. My mailing address is: I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signature of Applicant Date Signed OR FOR CORPQRATIONSIBUSINESS ASSOCIATIONS: 1, Clark McGowan hereby certify that I am an authorized agent of Trinity Land Development, L.L.C. , a corporation of other business association authorized in the State of Washington and that this business association is the "applicant" for this permit or approval and is financially resippinsible for all fees and will receive any refunds paid. This association shall remain the "applicant' for the duration of this permit or approval unless "a `� ant" status is transferred in writing on a form provided by this department_ The mailing address of this es -association is: 310 — 29th street N.E. i� r: Puyallup, WA 98372 I certify rider the laws of th,&State 9f Washington that in A,S,t5i e aw,*Irect.,- /J Si a of AppMa�it I Dat S' ned Jj4 ��`` r ,fit, Check out the DDES Web site at www. fro cxo /fides Certification & Transfer of Applicant Status lc-cer-trapstat.pdf 05130/03 01 02,r7l,2 NOTICE TO APPLICANTS By law, this department returns all engineering and other plans to the applicant. If, however, you wish to authorize the department to return engineering and other plans directly to the engineer, architect, or other consultant for the limited purpose of.making corrections, please designate below: I authorize this department to return plans directly to my consultant(s) for the limited purpose of making corrections, as designated on this form. CONSULTANTS Ivana Halvorsen and Daniel K. Balmelli Barghausen Consulting Engineers, Inc. 18215 - 72nd Avenue South Kent, WA 98032 Check oert the DDES Web site at www.metrakc, ov/ddes Certification & Transfer of Applicant Status lc-cer-trapstat.pdf 05/30/03 11418.002 Page 1 of 2 LEGAL DESCRIPTION PARCEL NO: 619900-0101 5 NORTHWESTERN GARDEN TRS DIV # 5 LESS W 150 FT MEAS ALG SO LN PARCEL NO: 332305-9010 33230510 R/W ACROSS E 1/2 OF SE 1/4 OF SW 1/4 SUBJ TO ESMT BONNEVILLE POWER LN. 114181.001.doc K 0, i) D , .' b _. L 4 0 "' WATER PURVEYOR INFORMATION lr `.a 0 - water wino be.provided by service conuecticm-only to -an amting Null inch water =in,.Null° feet from the W cP U� r 1INC V I rva.!v 1; ` 5 37a'� 5M'f 4zo Ln r �Q C; M.V.C). HYD. ASSY � r�jGIST+ %0 wo +7 s. Fri p�• f +h r N +� x uj "a." J WXY FCx I : 0. V, 4AJ ' °n a I 4 r � ' • iY t 3J �y n 1 ,_ • 1• , i -- EXT. SVC. �` 1 � a �• � j� a �!f W7�� NJ- rA L1 1 9 1 a �• 4� 1J 4 v d ys n o �f EXT.. ti rp, SVC Ak0 '1•° 9 �� I`4 op � r � � '� 5 p 4Cv� yT a+ TS �f �• : �� a`rn ti fffrfJ3'Yf% i r r IWS ��a. ya r7f,71 t a s I_O 1r a 278113 KLi �-�! � � AL tT7E►l�s O a � . KG P 56 4-, is �0 11 m 12 E3 14 k. W i U Q+,04.3 ZN 124TH '13+F7 ON 19Z 'L !' g.1C 32 a & ` :I { j 7 Q j 45 a RF.X FL6. CUT mA Ta _ � STA. 124,27 ON J%j m+' 1 J rQ+00 d4 124TU'-Nis' LT 174 or J�a�m HYD.i6 RU44 cI. E a VA. 8*f 14°1rlJ x GU. „per tl,' a . ��'yy T/y SvACKLpaG y+ ga6e ,JI'I8fi"FftL�M 'm l U lfi� I� r�s ° N _ TEEN ,-, Il ql8 SOOS CREEK WAAi& SEWER DISTRICT 14616 S.E. 192nd St. - PO. Box 59039 - Renton, WA 98058-1039 - Phone (253) 630-9900 • Fax (253) 630-5289 September 23, 2004 Mr. Tray Humphrey Trinity Land Development 315 39" Ave SW #6 Puyallup, WA 98373 RE: Parcel Nos. 619900 0101 and 332305 9010 Proposed 39 lot plat Dear Mr. Humprey: The above referenced proposed project has been reviewed for sewer and water availability and the following information has been determined based on the preliminary site layout provided. All information will be updated and final requirements determined when final approved site plans, street, storm and grading plans are submitted. See enclosed availability certificates for proposed layouts. Listed b elow are the developer a xtension f ees for the proposed s ewer and water m aim extensions required to serve the above referenced proposed project. The "FULL" quotes are for District engineering. The "OPTIONAL" quote allows the developer to hire an outside engineer for the water and sewer designs and permitting. SEWER FULL OPTIONAL 2,035 If main extension $ 25,699.85 $ 22,100.85 Plan review 00.00 1,933.25 Guaranty deposit 610.50 610,50 Conformance deposit 585.00 585.00 Easement 2,500.00 2,500.00- Additional sewer main may be required if street improvements in SE 188`h St extend to the w est. T he above q uotes w ill b e r evised i f a dditional m ain I ine i s r equired. O Mite sewer design survey is included in the above "full" quote. WATER: FULL OPTIONAL 1,320Ifmain extension $ 9,505.80 $ 8,027.40 PIan review 00.00 1,518.00 Guaranty deposit 396.00 396-100 Conformance deposit 585.008S'0b Easement 1,500.00 1,Zl 4 tt00 Dr V L -' -, SO OS CREEK WATER & SEWER DISTRICT September 23, 2004 61990D 0101 and 332305 9010 Pagetwo Developer is responsible for acquiring information from the King County Fire Marshal regarding fire hydrant and fire flow requirements. Water layout is subject to the final requirements for fire hydrant locations and fire #low. The proposed development will require some removal and replacement of the existing IT' main, if additional water main needs to be removed and replaced due to site grading and improvements, additional development extension fees may be required. Onsite water and sewer easement and offsite sewer easements are required. It is the responsibility of the developer to obtain signatures on easements. King County right of way permits will be needed for work in SE A 8'` St. A King County grading permit may be necessary for offsite sewer main construction. A BPA permit will be required for any work in the BPA easement area. Developer/contractor is responsible to ensure that the existing 10" force main is to remain in service during construction. The force main runs parallel to the existing 21" sewer maiu to which this project will connect. It is the responsibility of the Developer/contractor to locate and protect the force main from damage during construction. Currently, the sewer general facilities charge for this area is $2,047.00 per unit and the water general facilities charge is $1,581.00 per unit. This plat is subject to the SPU Facility charge which is currently $713.00 per 5/8 x % meter or ERU. ALL CHARGES ARE SUBJECT TO CHANGE WIMO UT NOTICE. When you are ready to continue with a developer's extension agreement, please fax or mail a request and state whether you would like to have' full' or "optional" engineering. Please contact me at (253) 630-9900 extension 107 if you have any questions. Sincerely, C; Alice R. Marshall Supervisor, Development Administration Enclosures This cerfificate provides Certificate: 4439 information necessary to evaluate development proposals. SODS CREEK WATER AND SEWER DISTRICT CERTIFICATE OF SEWER AVAILABEGITY Type: Preliminary Plat or PUD Applicant's Name: Trinity Land Development Proposed Use: 39 Single Family Residences Location: Lot: 5 Block: Development: NORTHWESTERN GARDEN TRACTS 5 Parcel: 519900 0101 Address: *NO SITE ADDRESS*, RENTON Information: Sae attached proposed layout SEWER PURVEYOR INFORMATION ❑ Sewer service wiT be provided by service connection only to an existing sewer main Null feet from the site and the sewer system has the capacity to serve the proposed area. b ❑p Other (descnbe): Sewer service to the proposed plat will require the installation of approximately 2,035 If of sanitary sewer main, All plans must be approved by and meet the requirements of City of Kent, KCWTD and Soos Creek Water and Sewer District. 2. a ® The sewer system is in conformance: with a County approved sewer comprehensive plan. b ❑ The sewer system improvement will require a sewer comprehensive plant amendment, 3. © The proposed project is within the corporate limits of the district, or has been granted Boundary Review Board approval for extension of service outside the district or city. b ❑ Annexation or Boundary Review Board approval will be necessary to provide service. 4. Service is subject to the following: a © Connection Charge: Yes h 21 Basement (a): Onsite and offsite. BPA permit and KC Grading permit required. c © Other: See item lb above and conditions below. �2-oExhibitNo. Item No.. %q PZ Received '-I King County Hearing Examiner Service is subject to the applicants agreement to comply and perform to make such installHtion and/or connections to the standards, regulations, requirements and conditions of this Di#4 and such other agency or agencies having jurisdiction. This District is not representing,,og it's facilities will be extended or otherwise modified to male such service available to the applicant. It is the responsibility of the applicant to make any required extension of facilities tld.t_ serve their property h) I hereby certify that the above sewer purveyor information is true. This certification shall be valid f one year from date of signature. SODS CREEK WATER & SEWER DISTRICT Alice R Marshall 9/23/20a� Agency Name Signatory Name 07 Date Supervisor, Development Administration Title spu c kw.ca & sma a 3 VdM m � 1 t• 0 ! 4xeALI dO t FA tc FQTURE up• I ' �Ai 5 ti io a OVAL log i � � V pV�'�'��{ of �ii rZfoD` lS��j�c� (• �J• �� 1�o dp = � 9 I 1 ;!3 0 � � •�� f � 7 4.71 w w Ov 471i6 S��i LOT 2 m h za � zre�r� e�crs•►Y+�� ; It Oi 2 40� I_ ; .13 t> o o w r3r sil IT''-1 a CIO J ��pb rwx (+1 CL w ro V) 0 � �{ iLOT I� T� 0 �O >9 { I 7:• 0 � 3 D ST loll,T'— King Connty Department of Developmenp axed Fnvironmental Services 900 enion, : A le 9805enue 5-121 Fire District Receipt Renton, WA JFS(755-1219 Name of Project / Proposal Plat of Wehrman Property 4i11418 Fire District # 40 Location of Project / Proposal North of S.E. 192nd St. at the North End of 124th Avenue S.E. (Address, parcel number, tax account number, legal description)* *One of these required for processing of application •'lit 51IM111MMUMN SEC 33 TWN 23N RNG. Name of Applicant Chris Austin, Trinity Land Development=L.L.C. KROLL PAGE 605 Address of Applicant 315 - 39th Avenue S.W. , Suite 6, Pu.yallup,. WA 98373 Telephone Number -(253) Description: Type of Project / Proposal Check appropriate box(es) ❑ Apartment / Multifamily ❑ Duplex ❑ Conditional Use ❑ Commercial / Industrial ® Subdivision ❑ Unconditional Use ❑ Retail ❑ Short Subdivision / Short Plat ❑ Planned Unit Development ❑ Residential: Single Family Residence ❑ Rezone ❑ School / Classroom ❑ Other (describe) XStorz couplings required on Fire Hydrants Issuance of this receipt does not imply an approval, disapproval nor review of referenced project / proposal. This receipt shall be valid for 30 days from date of signature. a r �_ Agency ame -T-A q Title Distribution: White: Applicant (see below) Yellow: King County Building Services Division Pink: Fire District Note Applicant: at the time of application to DDES the white copy must be presented with project / proposal submittal. 0178 (Rev. 91971 Signatory Nam i not Date Fire District: mail yellow copy to: King County -1 Building Services Division 1 J 900 Oakesdale Avenue I� Renton, WA 98055-1219 Attn: Fire Engineering Exhibit NL—�—Ilp Item No. �b 0 Received_ 4 King County Hearing Examiner 0 E C ?';-C' f)-D.R, S. • 0 NORTHWESTERN GARDEN TRACT�S � ...;. tdCVf14'wE:STt Pf4 :aP.',.sREhS Ta4CT;i 1 e nr'aby certify that it's Div. M0.1 is duly approv'eyd� on this s ilay a Sscnt y - ETamjnfo and approves) this of the sfa}yt ;7% 406r6k.1• Filed for rtFe Ihis.l4 dayef,.::. and r$' e&Ay in ya' V ch irman that theplat Af Nom'nYI[sTri?N oaaaew rq ir9!v urVLy.)Ind subdivision of Section 337017nship 27't anots eq.ursett and angles art shown thereon oor I ve been i6l;o ind lot and bck corners stoked Iritl�t'!-key a fatty cornpliod wiih the proviaions Cer l ma a 9470 Renewal NO. L sl a1. request of the king eounly Planning Coenmesian satT_-... wp, etao atj,•minvl•s past_.»Jl_-___Y µ Plats page_;tp_ Redordt of king County i u�tor- � aaun+y Ai+aiFors -- i ll .. II !� � I� -i •I1�i to DIV. NO. 5 S.E.1/40FTHE 8W:I,14oF6ECr33T.23.NJi.5EW.M. KING COUNTY WASH. SCale L" a 200' Cenllatrtlol n�n9•� ''� Ssattsa 'V11n} : W. DESCRIPTION .;L',"- '---.' This p1eF of tfoittwsrelTtstle 6ahDLMTRF[Ta qtv. �;R. embraasa the 3q of 4ha Lw or secl igii 2a Tr;p-71;N.R,,a,*vV,i,IK �}• assepl chat part Ian lying within the sea ls-coim�•rog 7rgAsrVkssion G!ne Right of fumy. r1 so la! or portion of a let er;'tllis plat, *'NA: diyidiil and ode e or resold, or ownership chaftgo4 ar transferred, Whereby the wmarship of any portion of Ihie_*lot ah�fl'•!� less tYivn.)he area r requirad for the Vas District4i tad to thoa pTil.l namtojy, thirty fiv Ihousend Oloci* square felt for S-1 a; with a nf'..hivm - to} or ►tact width of One 14undred and Thir'iy Frye (17i) fcsi Water to be leaured, fral"4 "t limps "ant District stwege aisposaF'iatis by use of:sep4ic tiiiks and d4parsal tr. {elds of apprpryed doom$. • rredlsar tbs owner ar ail3,suixwi;"i %iv. mteres} sfgii rrer eorNmIesse Ur rent to say Parsons eth!' 00— the white or Caveosion race said premises or any F"0100, therr'of or Perini!- the Occupancy thereof `1 by arty aveh pmeia, saeipf-es a domesfia tinivani. The fersgSitig res0dtxons runwir%'the above land and is binding on said purglipser,hikheirs,FttrcuYors,adrnin;stralare and assigns. 3 DEDICATION e MOMG All $e al1W!(T1t[aL.Ve[a[rrTs Ihtl wc, ilia undersigned William-w. fttirdon afro etadys r gdrd,64 his wife, owner to fee simple of the tend ersL .:}siattcd, i.4ixby deelare this pilot and dedicate to The vat of the pvbl;c ifdrsver lot}"stAXls, alleys end avenues shown hereon and the usq Iheretf for A. pvblp� purposes net inconsistent with the use thereof far pubftq. hig h*ay purposes; also all perk s, eat nnents or whstaveT pul`stis prapiiify.;'or pluses there are %%Diva nn the plat l r the purpglrAa vrsi,i.indicated; alse'the right to make ail slopes for Cott or 7111.4=4p-vn tYi •fa1s;''bineks, 1rsSt! or parcels of land shown on llie plat in fhc or;9iael tease% abt!'9'rl9 of all the street S, YenVes dad alleys and places %hewn hereon. i« vnrsjrsc`*ojFRF0;,-ve have herrvMo sd our h—cli and $eels ihLs.ri day afrt. ,{i'l��------- _ r saw ACKNOWLEDGEMENT 'vq •Y vi.a N,r�4Teh1 L i.b. u+iTT or 7x.4ar // -:' This is to errs try Thai on ih;s_4-_ dry e ' we,a Fora ma,�jhe underaig ned a notary pub1;C, perea pally ep rfd Iliem-*-'Gardon end Gladys F. A6rdonhis veifie•Teme knowntebe : per$f4ns who asatuted the fore$91n9 dedication and who ecknowlsd9ed ge •Itiet they signed and staled the tame me their free and vetunta ry ,ifpd dead for the uses and purposes herein mentloned. WITnesl my hand and flrl;l al seal the dayaltnd year i;rst above wriil ap, Naftry PoiaNe in and for iihit :life Of Wasiiingtpn rMaitlirtq al 9Cattle.-,- I .1. L LI ri r fa YdI a EL A 'I-i i) 41 a @;� . , d- . -. 4� .... I p);. 9 �> pip —jD 9.3 jYIj M&I A The Talon Group ESCROW AND TITLE SERVICES First American Title Company 315 39th Ave SW Puyallup, WA 98373 253-845-7007 / 253-845-7227 Title Transmittal Barghausen Consulting Engineers, Inc 18215 72nd Ave So Kent, WA 98032 Attention: Ivana Halverson RE: 407160 Trinity Land Development, L.L.C. Wehrrnan Vacant Land Please find enclosed a Preliminary Title Report, per your request. H. Denese Montgomery Title Officer Dated: November 17, 2004 L 0"' 4 P"O 02 e _ x 0 The Talon Group ESCROW AND TITLE SERVICES a Division of KrstAmerican Title Insurance Co. 3866 South 74th Street Tacoma, WA 98409 (253) 471-1234 - FAX (253) 471-5538 TITLE OFFICER: Denese Montgomery dmontgomery@talonnw.com To: Trinity Land Company File No.: 407160 310 29th Street NE Your Ref No.: Puyallup, WA 98372-6718 Re: Property Address: Vacant Land, Buyer: Trinity Land Development, L.L.C. Seller/Owner: Marvin D. Wehrman and Rosemary Weihrman COMMITMENT FOR TITLE INSURANCE Second Commitment Issued by First American Title Insurance Company, through its Division, The Talon Group IMPORTANT NOTICE On May 14, 2003 the Washington State Legislature passed Substitute House Bill 1081 that provides for an increase in recording fees. Effective July 27, 2003 an additional one ($1.00) dollar will be assessed for each deed of trust recorded. This legislation is an act relating to collection of revenues to fund the mortgage lending fraud prosecution account; adding a new section to Chapter 36.22 and Chapter 43.320 of the Revised Code of Washington. Accordingly, please be advised the new fee will be imposed on any deed of trust presented at the opening of business on July 27, 2003. The new fee will be $20.00 for the first page and $1.00 for each additional page. The fee does not apply to documents other than deeds of trust. The Talon Group 0 a Division of First American Title Insurance Co. Commitment No.: 407160 Title Inquiries should be directed to: Denese Montgomery at (253) 471-1234 SCHEDULE A 1. Effective Date: November 10, 2004 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT PREMIUM TAX Subdividers rate ALTA Standard Policy* $ 1,050,000.00 $ 1028.00 $ 226.25 (425) 455-3400 Proposed Insured: Trinity Land Development, L.L.C., a Washington Limited Liability Company 3. (A) The estate or interest in the land described in this Commitment is: Fee simple as to Parcel(s) A and C, an easement as to Parcel(s) B. (B) Title to said estate or interest at the date hereof is vested in: Marvin D. Wehrman and Rosemary Wehrman, husband and wife 4. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto Form No. 1068-2 Page 2 of 4 ALTA Plain Language Commitment The Talon Group 0 0 a Olvision of First American Title Insurance Co. Commitment No.: 407160 Exhibit "A" Real property in the unincorporated area County of King, State of Washington, described as follows: Parcel A: Tract 5 of Northwestern Garden Tract Div. No. 5, according to plat recorded in Volume 47 of Plats at Page 90, in King County, Washington, Except the West 150 feet thereof, as measured along the South line of said Tract 5. Parcel 8: An easement for ingress and egress over the North 30 feet of the West 150 feet, as measured along the South line of said Tract 5 of Northwestern Garden Tract Div. No. 5, according to plat recorded in Volume 47 of Plats at Page 90, in King County, Washington. Parcel C: That portion of the East half of the Southeast quarter of the Southwest quarter of Section 33, Township 23 North, Range 5 East, W.M., lying East of Tract 5 of Northwestern Garden Tract Div. No. 5, according to plat recorded in Volume 47 of Plats at Page 90, in King County, Washington. Tax Parcel Number: 6199000101 and 3323059010 Form No. 1068-2 ALTA Plain Language Commitment Page 3 of 9 The Talon Group • i a DiVision of First American Title Insurance Co. Commitment No.: 407160 SCHEDULE B SECTION I GENERAL EXCEPTIONS Any Policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Taxes or assessments 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in }possession thereof. 3. Easements, claims of easement or encumbrances 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 would disclose, and which are not shown by the public records. 5. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Schedule B General Exceptions will be eliminated from any A.L.T.A. Extended Coverage Policy, A.L.T.A. Extended Coverage Policy, A.L.T.A. Plain Language Policy and Policies with EAGLE protection added. However, the same or similar exceptions may be made in Schedule B of those Policies in conformity with Schedule B Special Exceptions of this Commitment. End of Schedule B Section I Form No. 1068-2 ALTA Plain Language Commitment Page 4 of 9 The Talon Group a Urvision of First American Title Insurance Co. SCHEDULE 8 SECTION II SPECIAL EXCEPTIONS Commitment No.: 407160 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for unincorporated King County is at 1.78%. Levy/Area Code: 4250 2. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of Cascade Sewer District and King County Water District No. 58 as disclosed by instrument recorded under recording no. 8105050737,8203180541. 3. Easement, including terms and provisions contained therein: Recording Information: 3178820 In Favor of: United States of America and its assigns For: Covington -Seattle transmission line 4. Easement, including terms and provisions contained therein: Recorded: September 30, 1947 Recording Information: 3728997 In Favor Of: Puget Sound Energy, Inc., a Washington corporation For: Electric transmission and/or distribution system 5. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. 6. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 7310100743, recorded in volume 1 of surveys, at page(s) 88, in King, Washington. 7. Easement, including terms and provisions contained therein: Recording Information: 7803310029, 7803310034 and 7806160175 In Favor of: King County Water District No. 58, a municipal corporation of King County, Washington For: Water mains and appurtenances 8. The right, title or interest of Burlington Northern Railroad Company, as disclosed by Oil and Gas Lease and assignment(s) and/or modification(s) thereto, as recorded under Recording Nos. 8111160296, 8404240524, 8404250533, 8409170718, 8511130748, 8610130956 and 8610130957. Form No. 1068-2 Page 5 of 9 ALTA Plain Language Commitment The Talon Group 0 • a division of First American Title Insurance Go. Commitment No.: 407160 NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Tract 5, Northwestern Garden Tract Div. 5 and SEQ of SWQ of 33-23-5E APN: 6199000101 APN: 3323059010 D. General taxes for the year 2004, which have been paid. Tax Account No.: 6199000101 Code Area: 4250 Amount: $ 2,382.48 Assessed Land Value: $ 205,000.00 Assessed Improvement Value: $ 0.00 (As to Parcel A) E. General taxes for the year 2004, which have been paid. Tax Account No.: 3323059010 Code Area: 4250 Amount: $ 58.82 Assessed Land Value: $ 4,500.00 Assessed Improvement Value: $ 0.00 (As to Parcel C) F. According to the application for title insurance, title is to vest in Trinity Land Development, L.L.C., a Washington Limited Liability Company. End of Schedule B Section 11 Form No. 1068-2 ALTA Plain Language Commitment Page 6 of 9 • The Talon Group a Division of First American Title Insurance Co. Commitment No.: 407360 SCHEDULE B REQUIREMENTS (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: End of Schedule B Requirements Form No. 1068-2 Page 7 of 9 ALTA Plain Language Commitment The Talon Group 0 a Division of First American Tide insurance Co. CONDITIONS � � Commitment No.: 407160 1. DEFINITIONS, (a) 'Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. Z. LATER DEFECTS. The Exceptions in Schedule B - Section II may be amended to show any security interests, defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B — Requirements are met. The Company shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss incurred because of an error in this Commitment, our liability will be limited to the actual losses caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B — Requirements or eliminate with our written consent any Exceptions shown in Schedule B — Section II. We shall not be liable for more than the Policy Amount show in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. S. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Form No. 1068-2 Page 8 of 9 ALTA Plain Language Commitment The Talon Gioup ESCROW AND TITLE SERVICES PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use Information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information De ending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and ■ Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. D 2001 The First American Corporation • All Rights Reserved a 2003 The Talon Group - All Rights Reserved Form No. 1068-2 ALTA Plain Language Commitment Page 9 of 9 _ LR'L9E1 — �dp.f3 ~ e cr 440 w d� N IL - N Fa '� oo F• .sr � N is V ` 4 kg'i 'x r r � 7 . �..r ,1•r sI /V ��,� � o N �� —• nwC ��P - 0 Draft oej - ,e.. � ns• 7.. 7d` . .fir - r _ t� �a� A DL£DtZZD68 12D98PdM' y ■� red r`•id. �� 1ti�•5. ,} '. 9w1-9r-No -}a A w - - - ' -•—ter- G 4 h a o �w �'t rH� t :r" �■_+)��. 4d�00EiQb9 b9DZ8Cd6D� fir- '' . 'o. . � rr -vsr r o � �►" r.:•sfj nar.nr q—+ .. n N - i•' , � F �ie � R� ;2 � �� s�� tee` /� �o a • �_ — z'� '9.' - _ 1jq .J� r .. 1i �•. ,Srt dD lb La S srvtr m� w , 88fC�H30SY-Y38 gp"", j'L•Til4 y 4e 7y fL_7w� Y x•76s �erJ �bZ a7/ �IiP�r,-fr as'rAr - IRN _ ,�J1 1 � Il do 45 alx4. alas♦ OE OE. 13YC of b. �°°t' 'Li •rLl` ��/ j/1 oE, s4';ff[ 7M 4" 7i'rdZ ff •e� �' .•.. �bm INK aE e ti 9 �d N �L ` 4 Y .* A O Q esw�, n Pr N Lo N -4 ; � y ►}srr d:f•da °° -r.i. � � � Q e - bi'SeY .� r, o7I MWcc til 'I �Fo-r *_ Ln r Lb �. rY•7F, a7I h 3. A7../n' w - o . fill illl Ilii Illl Ph" Nadu filp >fus ltr�i �t7t�Vs6 +eht +�e.'t •ars use 0.5 l 5 G.! W UMMOre+r *ens MWOM" Filed for iieacrd at PAqutet of � as SC '� ..T� 17-a�" `• . ,. m I�NfyY x �. M c+.RAlaM LU MU o. an= and her bwbaad QWRM F. iIv»fi, vow and at tilde of aequlrLng_ title, ldr slid la awidmg= d Ylluable Considerations it hand a.i� adwga aM ++�n*h de, MR" D ;.WEVWN and; ADSEMM MEN WF, his Wife I- "d 608%. rnnw I tie .t King , ffi1e w STi'eot 5 of Nortlwrestered OardeorR`rasa:s� .MtiefOrt No,r 5, acoordins to plat .D recorded in To1=e h7 of Pats, page 90; )3EClO the vast M feet thereof, as neasnred'along the south line of wdd trait 5; r TDG9 FM with an easement for Ingress and egress over the north 30 lent of the renwini:ng portion of tract 5 of said addition. 30BJECr TO easements, restrictions and reservations of record, if any. Thin deed is glvq IN twiltihsast of fiat certain real •spate contract dated Febrop�7 0-0 . to 65 , and aondlliesed for the Coave74ace of the &bon 49s4riba4 proporty.and I" Covesdats at warranty herwli eeeb mwd'shall net apply to any tills, !ntereat or eacagbrsaoe &doing b7. tarseah at under the owehsssr, In said aontreot, and sball not apply to OW lazes. assesaseats or other charges levied. assesse4 or becoming du sabae0tiest to the date of asid Contract. new dik ?1st I3dso?4sf10 d7 of SMES TALI NO ON COIIMa kr'f_ No.gzw/ Co. REt ALS AlYi;yili BTATi OF WASMNOT N, j i}.a Camgr w Xing - Ca phis dq perow Ny eP wW before to December, 1968. Luella G. Qirens and c-orp f'. (livens a me known to be de hdlrl"s das &W 1s and win wwwad de W" aed kggpkg hwn+aaW6 and �d rates doll dhr wwe d Chair kae and .ah&terlr end dwd. hr de ,t i �rpnn dm& arad owe �• : dfYij rrdrr b hwd asp aMdd cal dhde Plat �-.,, ,`•;-,cam •? s a� fr tS, Kz Now i W ..j m cl- C) t.3 cn LLJ ca 7HE catA. s �t3i aas .,ryOol�raa wi .QlrA:st. fond*a. ,ISO rrts fnr. n# ew c.�oslde�ratlaa o! � 2.D4' .,�_ :y ton"" a4 JLQ 06ier Veh:A _"A ftwvarr lbhram, !iI. rI Ir d,t dae, rd eal altMs, ia�aed. lu t1• cowsw. O ]Ism gym. of wa►tyM.. � an dw an arw , of am 40 60;k,, ThAe porliatt 41 t!k*�y basis21?. aatr4�a iinthaaat I/# of. t>� bulhwrtit t1i► ' _ -)f Urtina 7?s ravim&lp " tea. . j last. VA. LjrlV to&% of Iqt i+ of . Cn :r*.^vertorn 0"4*- Tgmsti litataitu !. ai tor p:att roej ftj*.! to Teiime 47 of u!Alt. ?nee 90, roteer. at xis comtr, dt"to of Wahlret1z. Dowd tfib 74" d y a April STAYt OP IWA.4H111G'M d< Ga�aary aA Iir� h Oa t1►fr dal praawall aPl•wal Mloaia tiaa TIl! s" W. 4ordad dM4 fi a i. feet'm to nr Loam M Lr is Iaav" s . hk ad aw do •!ate f , a� '. r. r,�, thA �r aChris biamaixala fiiF1�1► an aa8}+n� gala a.arilrar `/ C8YFi1 aaaa st iaad y as" ad 74h ar • tr r PL RETURN TO- IM SEDER DISTRICT 08 S.E. 176th RENTON, VA 98055 CASCADE SEWER DISTRICT KING CO[JM , WASHINGTON 81?U5{05 *0737 P RESOLUTION NO. 1442 *EC(', F 7.00 CAS +_-L **e*?. QC'. A. RESOLUTION of the Board of Commissioners of 22 Cascade Sewer District, King County, Washington, 'establishing latecomers costs duo Cascade Sewer District on ULID 39:Offsite and. onsite. WHEREAS, the District has heretofore installed, at its sole expense, a sewer transmission line commonly referred to as ULID 39 of fait* and onsite: and WHEREAS, said sewer transmission line will provide benefits and services to the property described in Exhibit "A* attached hereto, which is made a part hereof by reference thereto; and WHERE". it is the policy of Cascade Sewer District to require reimbursement for any lines built by the district and/or by an individual when said line provides benefit and service to adjacent property; and WHEREAS, the District Engineer has computed the properties benefited and the values of said benefit as applied to said properties. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Cascade Sewer District, King County, Washington, as follows SECTION 1: That a latecomers rat[. is hereby established whereby the property described in Exhibit "A" will be and is required to pay $37.88 per Fro,.;; loot, with a stub service latecomers charge of $300.00. aECTION 2s That no service shall be provided to any of the property described in Exhibit "A" prior to the person applying for service, paying the district the above established charges for all property held by the applicant which lies within Exhibit "A". ADOPTED by the Board of Commissioners of Cascade Sewer District, Icing County, Washington, at a regular open public meeting thereof on the 4th day of December, 1980. y RESOLUTION NO. 1442 SAANN PAFFILD, #f ident SUBJECT; Establishing Latecomers Charges JOHN PAVEL, secretary ULID 39 onsite/offaite � ' PAGE ONE OP ONE - _ .. 143 3�r RECORDS 8 ELEC'N%s ti 1 -KING 31.4 i MM . 3 CASCADE SEWER DISTRICT U.L.I.D. NO. 39 OFFSITE LATFCOv RS LEGAL DESCi:X%ox Thatportion of Southwest quarter of Section 28. Township 23 North,. Range 5 East, W.M., and the North half of Section 33. Towaship 23 North, Range b East, U.K., which lies within a 360.00 faot wide strip of lard lying 180.00.feet on. � each side of the following described centerline: 0 8eginning at the northwest corner of Section 33, Township 23 Morth,•Range 5 in East, W.S., in King County, Wa-hington;• 0 7hence South 88`03'39" East along the North line of said Section 33 also being S the South line of Section.28, Township 23 North. Range 5 East, WJL , 1,202.77 aD feet; �- ',< Thence Korth 01a6 2]" East a distance o. . 113.36 .ee" .o the •true point of beginning of the centerline description;. .. Thence South 04"26'54" East 88.95 feet; Thence South 24"38'56" East 177.27 feet; Thence South 48°52'41" East 354.31 feet; Thence South 32'24'00" East 108.27 feet; Thence South 68'58'14" East 207.87 feet; Thence North 48`09'44" East 357.86 feet; Thence Borth 87*02*28" East 99_46 feat to hereinafter described'Point "A"; Thence South 89°32'36" Ease 160.57 feet; Thence South 47'39`36" East 404.20 feet; Thence South 31.44'32" East 118.23 feet; ' Thence South 18'34'28" East 223.00 feet; Thence South 22'09'30" West 326.52 feet; - Thence South 53011'34" East 149.23 feet; Thence South 33'30'59" East 292.67 feet; Thence South 04"40'20" East 200.92 feet; Thence South 02'41'27" East 311.84 feet; Thence South 09*15'23" East 450.80 faet; Thence South 31*01'05" West 284.04 feet to the terminus of this centerline description. Said terminus lies South 88.05'24" East 312.79 feet from the center of Section 33, Township 23 Korth, Range 5 East, .W.M., as measured along" the East -Test centerline thereof. Comrencing hereinbefore mentioned Point "A"; Thence North 01'49'25" East 352.60 feet core or less to a point on the South line of Petrovitsiy► Road .and the terminus e. said centerline description. Said terminus lies South 880411230.Vast 2.184.37 fact and South -01'49'25" West 30.04 feet from the Northwest corner o' Section: 33. Township 23 North, Range 5 Eacx; 'W-M, AND I USCADE SE'14ER GISTUCT - OrFSIyz LATECOY,ERS LEGAL DaSCRATP. X, CMIA.vc3 That portion of the South half of Section 33, Township 23 North, Range 5 East, W.I., which lies within a 360.00 foe. wide strip of Lard lying 180.00 feet on each side of the following described centerline: C%.rencing at the center of Section 33, Township 23 tiorth, Range 5 East, W.Pt., in King County, Washington; hence South 88'05'24" East along the East-W"t centerline of said Section 33 12.79 feet to the true point of beginning of, this, centerline description; C:)Chence South 31*01*05" West 5.72 feet; tr Cihence South 01*511311 West 351.18 feet; �qbence South 51'20'49" West 108.06 feet,; hence North 880'05124" west 192.84 feet;. aoThence South01•51'310 best 950.00 feet;. Thence South 10'63130"'East 136.85 feet to the terminus of this centerline description. Said terminus lies South 01651'31" West 1,517.52 feat and South 88008'29" East 64.98 feet from the center of Section 33, iownship 23 Xorth, Range 5 East, W.M. tu* ID The West 360.00 feet of the East 663.50 feat of that portion of the Southwest quarter of Section 28 Township 23 ►forth,,Ra.�ge 5 East, WA., lying Southerly of S.E. 176th Street lPetrovitsky Road). 1 • wrSCAOE SEWER :►SS,F:CT U.L.:.O. N0, 39 OFFSITE LATECOMERS LEGAL DESCRIP-41CN That portion o` Southwest" quarter of Section 2$, Township 23 North, Range 5 East, W.M., and the north half of Section 33, Township 23 North, Range 5 East, W.M.. which lies within a 360.00 foot wide strip of land lying 180.00 feet on each side of the following described centerline: Beginning at the Northwest corner of Section 33. Township 23 .North, Range 5 East, W.M., in Xing County, Washington; j Thence South 88'03'39" East along the North line of said Section 33 also being the South line of Section 28. Township 23 North, Range 5 East, W.M.. 1,202.77 feet; Thence north 01"56'21" East a distance of 113.36 feet to the true point of beginning of the centerline description;. Thence South 04°26'54" East 88.95 feet; co Thence South 24938'56" East 177.27 feet; Thence South 48"52'41" East 354.31 feet; Thence South 32024'00" East 108.27 feet; Thence South 68°58'14" East 207.87 feet; Thence North 48009;44" East 357.86 feet; Thence North 87°02'28" East 99.46 feet to here:aafter describes! Point "A"; Thence 5nuth 69°32'36" East 160.57 feet; Thence South 47939'36" East 404.20 feet; Thence South 31'44'32" East 118.23 feet; Thence South 18°34'28" East 223.00 feet; Theipce South 22°09'30" West 326.52 feet; Thence South 53°11'34" East 149.23 feet; Thence South 33"30'59" East 292.57 feet; Thence South 04"40'20" East 200.92 `eet; Thence South 02°41'27" East 311.84 feet; Thence Sown 09°15'23" Fast 450.80 feet; Thence South 31°01'05" !Jest 284.04 feet to the tercinus of this centerline description. Said terzinus lies South 83*35'24" East. 312.79 Fret from he seater of Section 33, Township 23 North. Range a East, W.M.. as measured along the East-West centerline thereof. Ca:.nencing hereinhefore entioned ?o::t "A*; Thence North 01°49'25" E.st 362.50 feat pore ,:r less to a point on the Souk;i line of Petrovitsky Road and the terminus of said centerline cascriation. Said terminLs lies South 88041123" 2,184.37 feet and Souch 01"45'25" West 30.04 feet from the Northwest corner of Section 33, Township 23 North, Range 5 East, W.M. AND Continued on Pare 2. IU CASCADE SE:dER DISTRICT . U.L.I.O. NU. 39 ONSITE LATECOMERS LEGAL DESCRIPTION December a, 1930 The west 150.00 feet of -Lot 5, Block 1, Green Tracts No. 1 as recorded in Volume 48 of Plats. Page 1, records of King County, Washington f� AND to The North 255.00 feet of the East half of the East half of the Southeast quarter of the Southeast quarter of Section 29, T(mnship 23 North, Range 5 East, W.M., LESS County Road, LESS the East 150.00 feet thereof. AND That portion of West half of Northeast quarter of Southeast quarter, Section 29, Township 23 North, Range 5 East, W.M., described as follows: The West 150.00 feet of the North 85.00 feet of best 292_94 feet of portion i tying Southerly of Lot 5, Block 1. Green Tracts No. 1 as recorded in Volume 48 of Plats, Page l records of King County, Washington. AND The West 150.00 feet of the East 330.00 feet of the northeast quarter of the Southeast quarter of Section 29. Township 23 North, Range 5 East, W.M., LESS the North 1,087.09 feet thereof. AND The North 30.00 teet of the East 150.00 feet of the following: _ Corth 255.00 feet of the East half of the East half of Southeast quarter of Southeast quarter of Section 29, Township 23 North, Range 5 East, W.M., LESS East 135.00 feet of West 165.00 feet of South 150.00 feet of North 180.00 feet, LESS County Road. , r F . �} k KING COUNTY WATER nISTRICT NO.* KING COUNTY, WASHINGTON 2 2i RESOLUTION NO. 2120 •:z �f A RESOLUTION of the Board of Commissioners of King County Water District No. 58, King County, Washington, establishing latecomers costs due King County Water District No. 58 on Contract 1/78 - Latecomer #47. WHEREAS, a water main and appurtenances have heretofore been installed as a part of the project commonly known as Contract 1/78; and WUREAS, said water main and appurtenances will provide benefits and services to the property described in Exhibit "A" attached hereto, Which is made a part heieof by this reference thereto; and WHEREAS, it is the policy of King .County Water District No. 58 to require reimbursement for any line built by the district and/or by an individual when said line provides benefit and service to adjacent property; and WHEREAS, the District Engineer has determined the property benefitted and computed the value of said benefit as applied to said property. NOW, THEREFORE. BE IT RESOLVED by the Board of Commissioners of King County Water District No. 58, King County, Washington, as follows: SECTION 1_ That a latecomer's rate is hereby established for the property described in Exhibit "A" of $12.14 per front foot. Said rate and mounts do not include :.jsts of connection, meter, permits or inspection. SECTION 2: That no service shall be provided to any of the property described in Exhibit "A" prior to the person applying for service paying the District the above established charges for all property held by the applicant which lies within Exhibit "A". RESOLUTION NO. 2120 SUBJECT. Establishing Latecomers Costs Contract 1/78 - Latecomer #47 PAGE ONE OF TWO AV?TED by the Board o° Comwiiisioners of King County Water District No. 58, King County. Washington, at a regular open public meeting thereof on the llth day of March, 1982. 65tr "rayll; rl�v,.: �c-02 1-!!'�'^l- ks F�Iio FLer t , secretary.._ Q t� o arse ss oner RESOLUTION NO. 2120 SUBJECT: Establishing Latecomers Costs Contract 1/78 - Lrcecomer #47 PAGE TWO OF TWO i EXHIBIT "A" WATER DiS-iR1Cl NO. 58 Contract 1-7h `. Latecomers No. 47 j The North 180.00 feet of Tract 5 of Northwestern Garden Tracts Division No. 5, according to the Plat thereof recorded in Volume 47 of Plats. Page 90, records of King County, Washington; EXCEPT the West 46.89 feet thereof; e+ AND ALSO the Easterly 160.00 feet measured perpendicular to the East line of the Northerly 320.00 feet as measured along the East line of said Tract 5; • M AND ALSO the Southerly 180.00 feet of Tract 6 of Northwestern Garden Tracts R Division No. 6, according to the Plat thereof recorded in Volume 46 of Plats, aD Page 100, records of King County. Washington; EXCEPT the west 75.00 feet thereof. Rate Per Front Foot $12.14 MOW O OD N OD WATER DISTRICr NO. SS I * Jc,hn F. Pavel , Secretary of the Board of C.ormiissioners of Water district No. 59, king County, Washington, herehy certify that the attached copy of Resolution No. 2120 is a true and correct of the original resolution adopted on the 1lt'► day of March , 19 82 , as said resolution appears on the Minute Book of the District. DATFA this 18th day of March .19 82 . I� Secre of the Board of Commissioners WATER DISTRICT Nn. sa .� ;r E • _I _ - //mow... - a r ram_--�.._-}-- i.--- - - - - - - - - - - - - - - - -------- --- --- -- - - �y.,-- y t`a - . Transmission Lino Easement f _ ` FOR AND IN OWSIDEPA2101,ot the sum of - four i unidrWnine ..do-13ars- = and sixty. cents (#.608.64) Sh head.pa►Td, receipt of vhloh is haxeby- t.x$ ao3adorr �4y Northwestern lapnoveannt Compan-y a �aw:' Jerse7_.Qofpori►--^ tlofii grantor; k�a►>-graatsd, bargained, and sold and by. thine -Ares 4061B hereby grant';, bargain, . seil;.-_said _ oontey Hato the 1Ji11TF,D._ST1t�B OF AI[_ CA and its assigns, a permanent easement and right of +ram over upon under, and a cross the following-deaartberd'Talti3-In the - ya [ing,-tn-thaF-3Vate of *ashington, .-f- to --wit,_ i That portion of the east half of eouthwest gxiarter i8113 and the•nortlewest (SD}) thirty-thrao -IM - quarter of� Section township twenty-three (23) North, Range five (5) East of. the Wlllmwtte I[arldian, ping County, Waehingtft whioh.'lles within strip .o f land 2W feet in -Width; the boundaries 187,60_fas ,disc as feet distant -westerly _ - -i'rctA-7� -p�ara eT to the msirvoy line of the . Covington -Seat -tie --trans - - - 419slon line aa'now located and staked on the ground -over, across and upon the above property, said survey line being particularly de-' scribed ka-follows: Beginning at survey station 337+48.33, a point on the south line of Section 33 Township 33 North Range 5 East, W.u., said point being 8. 88+ 279 85 11. along said south line a distanoe-of 2385.56 feet from the southeast .00rner of said Section 33; thence N. 150�i-- -34_1_:13! a distance of 5559.05 feet to surrey station 393+07,38, a point on the north -Zinc of said 5eotio'n 33, said point being N. 890 47 1 08" W. - along said north line a dietanoe of 3989.03 foot from the northeast z obrner of aald 8eotion 33, Te-d+iearl-bed strip bf land has a length of 4660 feet •ate' contains 25.6 acres, more or less. The afore said. easement and right of way is for the following pur— poses, naM617: the.Perpetual right to enter and to erect, maintain, repair, rebuild, operate, and patrol one or more,: elaotria-powair iraris-� 810010" lines and one or more telephone and/or lines,._in- - --- ,telegraph . aludio.g the riht to' ereat such poles and other tramsmi,e■loA31ne..str-ua-- tures, w ON cables, and the appvrt,enanoes-aeorssary'thereto; t -_ furthe, . to clear saild, tight of nay acid keep the 6t7- sass clear - brush, tax �r, .lnf3a�a�bla-atruat ems; ..anti th" - - : y. oated beyond the limits of said right of was but La subjectto an easement in the public -for any public 1. reads toretotors ,skid-aut- or established and now .existing over and acruV*. &hT-pr# Er""ikid described land. _ . TO-7AVT iND To BOLD :Sha_maid--*asement.and right of way .unto -the --Y f: MFXT D "A'"-'W_ and-lts assigns, forever.. } It is further underato'Od..and agreed by the undo i payment of such purabaetDrlire .la e u oompenRff'ft r:for . -- - a _ ' >raalaar Oovenanow wd�l .tAM: 3aty-Belied see pos�rsse1l oL t2>�-3�i�toi*ss#�d; r' od.sdd Zi►wi'ul.7rlaut iWpowsr to sell and omwey-t a pane, -thai -sire are !'xes- * olear or' all enoumbmaoes,. except as abo►s aotad, and %bat it will fore+er warrant and dafand the title thereto said :gaiot possession thereof against filie lavful olaiss of all per= _nISSSG WJW-iP7DF, Northwestern Improwe■eat Company, s a0rpora- ti�oa''ptirfuant to a resolution of its board of direotors, duly and ledxly adapt.44. has .oauesd these presents_ to be signed by its VICE PRESIDENT and FPO ta,' &Ad its oorparata esal; to be = ereun o •a xs .• _.-._ D&ted this 83r4 day of May,1941. s_ Signed Sealed. and--Dellyered. 1iDRTFMSTENN JWPRCTM B�iT-GWl1NY 1i hs Prseenae'of: - -- By _- .0 TATE OF ][IPALr16jjL COUNTY 9F RAUSEY • I On this' day of —A.D.1941, before me ipersonally ippee�red J. I �i�b - , to to known to - be the �.Icr rFestz3> rrr of the oorpors on that exeouted the with - 1n and foregging Instrument and aoinowledged the said instrument to be the tree and voluntary act and deed of said'.00rporation for the uses and purposes therein mentioned, and on oath stated that he was ' authari ii'd to emeeoute said--t"trtment and-the[t ' the eorporate" se4.l of. said oorpora.tion...-- 39 11HS!llt3!`,' y"isarha'har�etintd' sit my hand end sftixsd my. offioial.seal-the day and year:last &bore written, _ •- - ,irj - - - Mourr Fubl•e, N.mer 'aue•. Minn. -- : ,it. • My Ma"tj 7Q 104T:- � — i : 90 . NORTHWESTERN GARDEN TRACTS DIV. NO. 5 S.E.1140FTHE 8W-W40F5EG33T23.NR6EW.M, raafrrl;-v.'et.Ti>;:f� .�„af:�r. -..a.•_=s Eyarr.;ned and app oved t nereby certify the) thew+jf �p'•q Vr No, s .s duly epproved by iT4 K an ti, 5 Z4Nillgay�..•opf ' rse tnra.,ry �1 •ono y a m d and oppi, v thisA-S .day t nr re 6y:eert;¢g:Sh?_ is haled ar4;4j;tuel Sur fhaf tf.e d-rstan '-ihat,fhe riionumcn#y'pave corriitkF en ihp.�round of She %fktples 9nd thg' 406f62d.. riled for 'record at' and retdcdad ;n ynlvnre __ ly Cairrdy -,nu;i a KING COUNTY WASH. Con6nanlal ,"inew"o Go. Scale la a Zoo' Ssattls 1Mrt= t the plat,of tvonTnwrsrEgn asovrf> Ts+FCi9'p+v Na! VEy.. and subdiv%lion of Sec+ion 37' 3 Tonship 27'N..tt" ce S,tgvroe4 end angles are shown'thereon corral+: been so -,'and 1o1 end black corners sfaked ^'llyt'},lpaye fully complied with the provisions �1ts#lirtgrrd�ulaf ions. Cer t .ca t 'solo Renewal Na. L Bl t++s rcga.asi of #lee King Caunty planning camrnwsiar. AP,.ssn I... oF orals pagt__'id seiords of wing County lam' DESCRIPTION.:-• '`'`' •.>. ''; This plat.tf t+otlTttWESTEnN wA'asN ittAcre iAvNc:l. embraces the s aA of the ew4 of Sian i% ws T.rtp. 2sli }' wn lying within the Sta4la"CQ.og . ax.:epl that RAoSrdisaion "•:vine Fight of Way. RESTRfi;f=,71CS1IS'` X Nolot orporSipnefaisFaF.ih'I:platrOiiYbe-'vMiWand'aaid or resoldrer ownership chanya4 wirenFFerr¢dwtteralay The o+rrtarahip of any portion of kh�d, lst cYltali'"ba less tl;in.the artio regoiewd for the use DistrieT'''sRat9d in "I plit.q nal"04y, thirty five 3 thousand (M000)square feei for SO 'S'1117urben u4q,;'r,ith a minimum IoFafraatwidth of one Hundred and Tirirfy five (13y) foci Water to be sacuryd, jrvgF'ioret hnpre4tisi¢M oiftriGt Sewage AisposaF'ftiatia by use of:sep+ic tartl.s and dispersal 1 fields of apPrV;;eddesij* r ' Netfhir the ow—t or ag!s.rnccaKr:i op..nterest ilraift ever convty lease w rent to Orgy persons etlyr.:t}.an the;41 ite or Caurmion race told premises or airy parfibg.. the4iof, or perinit_the occupancy thereof ` by any such pamoli,sicipt.es a de±htstic sa:fysnt. 1 7Ue fdrv.0 raririEttans rik+.w;+b'ttrr e6o+re land and 1 is hinding on said pilrg4tyser, hih.cirs, txeculcrs, adminitfratare 1 and assigns. i ".. DEDICATION - as.o,.ta L4 lr Eta AY TMreE:V0.4 iEKTE II.a1 wr.tha V.rder5lgned Ivilliim, w. G0;rdoh anQ eladyc F 6dre!15; h;s wife, owners $n Tee r;mple of the land fiereDxatTattt d, hirAby declare this plot and dedicate to the "a of the Pvbl;c XOrtvar olt's t rogts, a lleys and avenges shown hereon and the usq thereaf for ait puht,. purposes not inconsistent with the use thercof-for pukN,5;_hi9hyray purposes ; also att parks, easemeafs or whatever pvMtic prepii'1'y.:o'r places there ors Shawn on the plat for the purpof e_lhsre i:a.lndicatad; alsdihe right to make an slopes for carts or f 1kj--' vn &,lql;; blocks, lrsyfE or parcel%of land Shown on the plat in the ari9;nal reesoha4lE g'rMiri9 of all The streets, avenues and alleys and eorr, ttrWr nave htrsfynto set our hands and srats th;s.1F ACKNOWLEDGEMENT srwY,e er v,ixsn...aroK 1 CnVr{TY Or ,Kant/ ?!"S. 41a oartify that on this A_ bay ' oe'rore me,the undersigned, a notary public, personatly ap raid wi0iom.W.9ordon and Gladys F. Gordon, hiswifie,loma Wnawntobe the per0ris who eyaculed The foregoing dedication and who ecknnwled9cd ' %%'-tile ifiatthey signed and scaled the came as their frcc and voluntary _ ari,and deed for the uses and purposes herein men5joned. wtrwcss my hand ertd orficial seal the day endyear ford above vrrip &p, ] Notary Pvblie in and for AW Slits of w.ohinyton rYup.ri' n Ssaitlot ApY- " nItBLIC i !s 0 CJ MT J.a TO kot 1.4 lk Part of Coot t it11;a7EAll Ix-'P R0'f xU':Tyt COrPJ4xI .{ ` _-_•-__� ----- -- --- ----------------------- F �. o-N s, Tl Eg tjIM mod* the third day of Uptember, A.n.1947 by tkiw.0!D*TMMffi= l IYYPtC11i[M71!' CakPANY, s Delaware corporation, grantor to the Fmir',Af1 "!O!ta Ii flaw. CQLPAl12, ■ )Caenaohuswtts oorpnr*t1en, Rrantes, t►1 ;s�st E - rl' WKgMS, y a nontrtot in writing datod Septesbar 2Oth A,D.� Iia the Rrsnteir tl t>!mgt*d a 2*1 and n6mn�7 to William W,Oordon the. mouth ha r sf h6s4t'Qsar1WW '. (t flrl�}) aAa west. hall 7j or Section thirt7-ttroo (ea) In laws+al4S tw*n�! t11rs. (A�}.'• ; •• r } Womb, 74me Viva (5) &Lmit of the Will*s*ttw xaridian, Ling CbsntT,' sahtngtell„ slnd�. THtme. tha grants has'ebtain*d a permit from said williaa W.Gordlen to sonet}'dlt, , operate and maintain electric tracaml#effort ling■ craw and mores* ➢art of said girrl�sa !��,'; asd deetrem an,enm*saet for same from the grantor; MOW,ThdMtrGRE, the grantor, in conmld*ratlon or on* dollar 31), tLa rs**iyt wlltoh to saknotledged, does bwrsby permit the Rrantes, its sueaaas*rs,s*d ssaigns, ea"traot, opsrats and waintaiq electric tren*alwalen 11n*s, *1th the n*ossaarT parts •, ;'err wlr►s, fixtures, anchors kW'9u7•s to be loosted within strips of 1asd.Of the widthi7or sixty (!W) feet, being thirty (367 fret wide en oeoh etas of the following dies YAsad 41QYar17Aa Rt sabAi vleloRal OwrtteT 11 iMRe: a Thai north -and eoath center 11r.cw of thr rar+t }!elf of northweek ganrter OWNED j and south■e*t quarter (BIJ) the giant and wont center liner of the Wert half Of lOrtb- west quarter (11�OfHR , worm half of east half (W}of1tj) and west half Of *ovth"I 1 quarter (W}of5W },' 1n Rald section M; subject, however, !A an *ae*m*nt.is'#trim per',+. lIn few en7- Public roads horetcfcre laid' out or eetablished, red now eslstlnd *war-sna anroaa any part of the promisee. Thiw gram% is waa* upon the condition that th* grant** will Indemnify and screw( w harm-Uts th* grantor trOIN All loos or dwe"110 to it■ propart7, or #h+;'pi l*r#7 /! Ot� r+ and from injurl;er to persons ocoasioned partly or wAo11i, directly o! iedtriatlro ! ths oonetruotian, mairdenrnas, operstlon or Drew*rrds 6i said elaot>r7': S>rsssritls. ';j. et as tha yreulass. a r , r� I1 TIRIm NFMREOM, the said Grantor ham caused these prissut• to bd's*1►3riL: its eorporate'real, am d6nsd b7 its VloePrwddent..She 4ty_ssd Tser',T.Ij-0 signed., sealed and Delivered• NoRrH#zST1" ixrh0I"-r CbVPARl�, Pradde t Attest: i.�.A . STATE Ol' I(1XN£90TA COU?MTT Ol" ILW31Y On this Aar of , '� A.D,19{7, before ?as'Darsbnikny appakred'. f } J. M. HliUl3F`S� to wen known a e of 'Coe xorthwastarm iiryrovrrent �o+ipsny, the corporation which executede ri n &nk feresaiug IeetrMant* ;! fti. and aoknovIt6ged the rnld inatrnwent to be the Tres and vo untatY aot aid !aimed of slid - Corporation for thr ueee and Durpoaen therein mentioned •rid on:o+atb stated thath* *a*. 1 Ratoorited to execute nR1r i natrnaent, and that the sesi sf+fl Tod is the oorpomte ■sal r: Of said corporation, "1 IN WITM5 WH£RFOF, I have hereunto set my'hand sri8 affix AY off laisl.seal the. } der'sna year lam% �bovr written. 1y�41 .1",,,,,y..,V��`• a`, 1 016 It A L. irT— i r s LiE3 RECURMING HAIL, IQ i FILED FOR RECORD AT REQUEST OF oING COUNTY WATER DISTRICT NO. 58 j c:)JDM �S. E. 1 T6TH ST. m RE4TONi. WASH I NUON 98055 EASDIENT NO. 33-33• -14 I PROJECT S. E. 183th street Extausion Marvin D. Vehrmam b i Rosemary Vehrean. as Purchaser Luella C. Civens as Seller s 3f '. •3 30 �$P if married on Ns�Tw� Rj rjJ1_. r1;4 11 E AS'co si THIS INDENTURE, made this j y of , � 1979, by and between ICING COUNTY WATER DTSTRICT NO. A. a municipal corporation of king county. Washington, hereinafter termed the "Grantee", and MARVIN O. WEHRMM 8 ROSi11ARY IIEIIR!lAN. H/il hereinafter termed the "Grantors"_ WITNESSETH: That the said Grantors for a valuable consideration, receipt of which Is hereby acknowledged by the Grantee, does by these presents convey, .- grant anit warrant unto the Grantee a perpetual easement for water mains and appurtenances --under, through, above, over and across the followlixig described property situated in King County, Washington, together with all after acquired title of the Grantors herein, and more particularly described.as follows; The North 20 feet of tha following: Tract 5 of Northwestern Garden Tracts, Division No. 5, aceording'to the Pltt thereof ratorded in Volume 47 of Plats, page 90; MXX?T the west 150 feet thereof, as measured along the South line of said Tract 5; TOGEMM WITH an easement for ingress and egress over the North 30 feet of the remaining portion of Tract 5 of said Addition. TOGETIEM WXTR a temporary construction easement described as the North 40 feet of the 1` 'above described parcel. Said temporary construction easement shall remain in force during construction and until -, the water met ,-nd ape-Jxtart:noes arc a-ta;,tar'for aefutenaace kni �•exetl*�n by Water AI4-irice No. f4. i Itt - The Grantor warrants that their title is free and clear of all encumbrances except: Real Estate Contract with Luella G. Givens Easements. restrictions and reservations of record. The -Grantor acknowledges that part 'of the consideration being paid by" the Grantee is for any and all damage resulting to or resulting hereafter from the possible interference of the natural floc of surface waters by Grantee's dinging of pipe lines which nay disturb the soil tomposition within Said easerent. EASEMENT 106.33-23-5•-14 - NENAM m SPECIAL STIPULATIONS I. Trees removed in the construction work area will be conveniently stockpiled for use of property owner and/or his assigns. lM 2. The construction work area will be seeded with a good grade of pasturegrass during restoration. :Kxs GO All stumpage and brush cleared in the construction work area will be removed by the contractor. 4. Area segregation is available to the property owner. S. Late -comers -charges will be established at the C rge ampletian of the r project based upon an $" equivalent pipe size. These costs will ` be divided nr000rtianstwly nwr tho hanwfirial nrnn r+.r fre.wtanre r te A �dl �Y Luo ul cc so in - "y' _ F I = cc l =SKrlY _ .wc.bw•v',w�FSwn�. - :,:,i-� w.+•+w..�^�-�r-�'^�.— _- �.3 q t ti The rarid Grantee eh havw the might without prior lnatitut.imf any suit or ,. n prucveding at law, at such thanes as any be necessary, to enter upon the caseeeat for the purpose of constructing, repairing, altering or recouvtructina said water wain, or Makicg any connections therevlth. without incurring any Legal obligatt-.+a tar liability t6erefar, provided that such constructing. repairing; altering or t6enastructing of said WAUM Main shall be accawplished in such a sanaar that the private improvements existing is this easement ahall not be disturbed or destroyed, or in the ev It that they are disturbed or destroyed. they will be replaced In as good at condition as they were, iawediately before the property was entered upon by the said Grantee.'; .The; Grantor' shs11 retain the-right to use the ; surface, of th4 esO"M if such U does not interfere with instaUaeion of the 'rater: main .: gwviver ..tho 6rsi�tor afbwll:.noC tract bWildiugs,or structures on the eaaecaat dui" 'the ixistence`.of said:easwrmt. The mast, dutiug its e3isteactD shall be a coven aat'rusnink Mith the ]and and shall be Modica on the successors, heirs, and assign: of bath of the pares i+ereta •ilt UX73M. , hays.slt our bands :end seals tLis dsr of CRAU'=1k Co SiAi"E Oy iGi�l) f s Comm (W idw . <'- T!►ia is to certify that oa.this any>:anall� appe�sred:be#or as - Marvin D. ik'�n�ui and - Rosmry 1kh�an to me kuosa to be the individual descrfbIed in and who executed;tb& vithim sad foragaias instrument, and acknowledged that aignmd.tbe. as theirfree SM4 VOIUMtary act aid deed, for the uses and purposes therein memt Given under my hand and: official seal thL 4ashitvgton residing me Renton til,k* �i�rM#*f'+^"4!e#*fii*li,k*e!-ktiA#ARA!#*!#i!ill rA4601MA!!#A*�4ki4*# 1. The consideration for tins easement is F �" 2. There are/awrso special conditions attached to this easameat. 'Eck." ` # K e ems t is approved and recommended. 8nginesr.' Dated _ - % r . Attorney. Dated i A"ertmsr- ixn ArA V"A aCs %449AIM OF OMMISSIOMM OF ]CM C'oMr WATER DISTRICT NO. 58 ' The special conditions., if any, and the consideration of -the Within and foregoing easeeeat .are hereby approved and accepted this day of `772�.c��t l9 at s regular 4 -, 3 r. r, open public meeting of the board of Commissioners of •!CIAO COIQM.1'ATFR DISWCI W. 58. -Presidshir and ssiaaer r ! 1 Oo inner r Individual Acknowledgement EASE NO. 33-23-5-14 EASEMENT Ei0_ x Jr''tiIT'„► nr. coaDLi G i6ut To PROJECT S. E. 188th Street Extension � Marvin D. Vehrmen S nF 1 LED FOR RECORD AT REQUEST OF Rosemary Wehrma4 MINE COUNTY WATER DISTRICT NO. 58 Ff, . c10823 S. E. 176TH ST. Stjz.;,J�kM� . EMON, WASHINGTON 98055 261sa�1�Frtr�y'�r."��':r�,'f� 'wr• . 3 EASEMENT {*4 THIS PUDENTURE, wade this ay of 1978, by and between KING COUN WATER DISTRICT NO. 8, a municipal corporation of Ring County, Washington, hereinafter termed the "Grantee", And �MARVIN D. WEHRMO and R0500M WEHRMAB. H/w hereinafter termed the "Grantors". WITNESSETEI: - That the said Grantors foir a valuable consideration, receipt of which is hereby acknowledged by the.Grantee, does by.thesa presents convey, grant and warran£.unto.the Grantee a perpetual easement for water mains and appurtenances"under, through, above, over and across the following described property situated in King County, Washington, together with all after acquired title of the Grantors herein, and more particularly ,. described as follow*: The North 20 feet and the East 20 feet of the North 314.32 feet of the following:' _ That portion of the east half of eba Southeast quarter of the Southwest quarter of Section 33,'Township 23 forth, Range 5 East, N.M., in King County, Vashington, lying. East of Lot 5, of Northwestern Garden Tracts, Division Number 5, according to the plat 1 thereof recorded in Volume 47 of Plats, page 90, in ring County, lkshington. TOCE33ER WITH a temporary construction easement described as the North 40 feet and the -East 40 feet of the Korth 334-32 feet of the above described parcel: . Said temporary construction easement shall remain in force during construction and until the wateraeains PnJ appurtenances aro accepted for ratintenance and operation by Stater. District No. 58. JL 00 i O i The Grantor warrants that their title is free and clear of all encumbrances extent: Easements, restrictions and reservations- __ of record. a The Grantor acknowledges that part of the consideration being paid by the Grantee is for any and all damage resulting to or resulting hereafter from the possible interference of the natural flow of surface waters by Grantee's digging of pip* lines which may disturb the sail composition a wi=Sin said oasement. , EASM T M0.3343-5-15 HEHW M SPECIAL STIKK ATI0MS 1. Trees removed in the construction work area will be conveniently stockpiled for use of property owner A or his assigns. 2. The construction work area will be seeded with a Vod grade of pasture grass during restoration. 3. All stumpage and brush cleared in the 4onstruction work area will be removed by the contractor. 4. Mo late -comers -charges will be established at the completion of the project against the unbuildable property under the.existing power line right-of-way. 5. Construction time on -this project will not exceed 90 days from day of entry on property until restoration is. comipleted. L 1 , IN all in It ' �The said Grantee shall hrva the right without pr-or inatitutlon of any Ruit at proceeding at la•.+. at n4ch times •a may be necessary, a entRr upon the we;mient for the purpose of constructing, repairing. altering or recinatrueting &aid water main, or snaking Any connections thc-%pith, without incurring any legal.obligaticr or liability charefor, provided that such constructing, repairing. altering or r-econst%vett-ag o` said .rater main { shall be aacot*lished in such a aaaaer that the private improvements existing in this I easement shall not be disturbed or destroyed, or is the event that they are disturbed or { destroyed, they will be replaced in a■ good a condition as they were immediately before the property was entered upon by the said Grantee. The Cranto: shall retain the right to use the surface. of the easement if such use does not interfere with installation of the water Main. Fmwever, the Grantor shall not erect buildings or structures on the easement during the -state=& of said easement. The easemento during its existence. shall be a Covenant running with the land and shall be binding on the successors, heirs. mad assigns of both of the es hereto. I:tilITHESS EOF.60 have set our hands and seals this day of . 19 76 qt C) x C) Cr) r QSTATE O8 LIASSINGION� se ':+ a:r. 00 i901M OF T.TiblC This is to certify that on this day personally appeared before me Marvin D. Wehnoan and Rosemary Wehrman to me knows to be the individual described in and who executed the within and foregoing instrument, suA acknowledged that they signed the Sme as IbLirfree and voluntary. act and deed, for the uses and purposes therein meat Given under ray hand and official seal this of 19]8 -- 1. The consideration for this easesent is 2. There arefere-mob special conditions attached to this easement. The Pt of t ease is approved and recommended.' . Engineer. Dated Attorney. Dated �aoenv�r- k►m irrW"Al2CR by ROAM OF COWTSSIOSM OF Mr. COUM WkTM DISTRICT W- 58 The special conditions, if awry, mad the consideration oJL tLe withi and foregoing easement .are hereby approved and accepted this 'gWP day of 19 at a regular open publ meetingof the Board of sioners of RING TER DI AT, No. 58. By sr —Presidedt and aim � Cosm s oner Secretary Wd Coamiss"nsf l i Individual Acknovled-a—ent E" M6Nr NO.33-23-5-15 C - 7 VIA F,e - `fir SIP PROS & CLLrCrMft CCUNTY, WAan r T f� FILED FOR RECORD AT RFiumr OF KING COUNTY WATER DISTRICT NO. 58 10828 S. E. 1 76TH ST. RENTON, WASHINGTON 98055 EASIE LENT NO, 35-25 5-15 ItR PROJECT S. L. 189th 3tr. Ext. Marvin 0. Wehrman,4 Rosemary Wehrman ,WECE C7� COIJVRD Al Rt-11LOiFSl C•,. 2615 41h AVF U�1R�F1C&wA' 98121 EASEMENT THIS INDENTURE, made this y of Z. T 1978, by and between KING COUNTY WATER DISTRICT NO. 0. a municipal corporation of King County, Washington, hereinafter termed the "Grantee", OD and -- - MARVIM 0. WEHRMAli and ROSEMR4 WEHRMAR. HfW hereinafter termed the "Grantors". MITNESSETH: That the said Grantors for a valuable consideration, receipt of which Is hereby 'acknowledged.by the Grantee, does by these presents convey. grant and warrant unto the Grantee a perpetual easement for water mains and a urtenances under, throughabove, over and across the following described property situated im Ling County, Washington, together with all after acquired title of the Grantors herein, and more particularly described as follows: Twat portion of the east half of the Southeast quarter of the Southwest -quarter of Section 33. Township 23 North, Range 5 East, W.M., in king County, Washington. lying East of Lot 5, of Northwestern Garden Tracts, Division Number 5. according to the plat thereof recorded in Volume 47 Aof Plats, page 90, in Ring County, Washington. Said permanent easement shall be the South 20 feet of the -North 314.32 -S feet as measured along the East line of the above described parcel AND - The Westerly 25 feet as measured at right angles to the Westerly line of the North 314.32 feet as measured along the Aast line of the above described parcel. r TOGETHER WITr' temporary, construction easement described as the westerly 40 fiet and the South 40 feet of the North 334:32 feet of the s above.described parcel. r`*Said temporary.construction easement shall remain in force during ' construction and until the wateriaains and appurtenances are accepted. for maintenance and operation by Water District No. 59. k The Grantor warrants that their title is free and clear of all encumbrances except: easements. restrictions, and reservations of record. The Crantor acknowledges that part of the consideration being paid by the Grantee is for any and all damage resulting to or resulting hereafter from the possible interference of the natural flaw of surface waters by Grantee's digging of pipe lines which may disturb the soil composition within said easement. EASEM MT NO.33-23-5-15 RR VEHRM SPECIAL STIPULATIONS 1. Trees removed in the construction work area will be conveniently stockpiled for use of property owner & or his assigns. 2. The construction work area will be seeded with a good grade of pasture grass during restoration. 3. All stumpage and brush cleared in the construction work area will be removed by the contractor. 4. No late -comers -charges will be established at the completion of the project against the unbuildable property under the existing power line right-of-way. S. Construction time on this project will not exceed 90 days from day of entry on property until restoration is completed. All %D C) ve Zg TES, ALL 4"f 1-711-ucl, LA-Y � 4f VALVE MARKsie 4 !f SO 4� O)o Z" TEE, TrL-x W %C" Cam. V, FL. PAW IV, - V5 Belxo, S5v- H VALVE MAV-r-SIZ 13L.. FL, V L-Y �A uA'r'VE MA-miziAL ov- CY,171LL CAZA%,/FL, Ac5 ey suc-AvoF-mv- 25!+lF--em EF.�m'-r A lf) h .The said Grantee shall have the right withr.t prior institution of any suit or proceeding at law, at such times as Bray be necessary, to enter upon the easesRnt for the purpose of consttucting, repairing, altering or r-constructir* said cater mots, or making any connections therewith, without Incurring any legal obligation or liability therefor, provided that such constructing, repairing. altering or reconstructing of said water main shall be accomplished In such s manner that the private improvements existing, in this easement shall not be disturbed. or destroyed, or is the event that they are disturbed or destroyed. they will be replaced in as good a condition as they were immediately before the property was entered upon by the said Grantee. The Grantor shall retain the right to use the surface of the easement if such use does not interfere with installation of the water main. However, the Grantor shall not erect buildings or structures on the essament during the existence of said easement. - The easement, during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of both of the parties hereto. IN WITNESS WHUMF, we have set out hands and seals this day of O'19 78 STATE OF WASHINGTON) ) so COUNTr OF LING ) e .r This is to certify that on this day personally appeared before as Maryin D. Wehrman and Rosemary Wehrman to me known to be the individual described in and who executed the within and foregoing ;instrument, and acknowledged that they signed the same as theirfrse and voluntary act and deed, for the uses and purposes therein mentioned. I Given under my hand and official seal this L of FOR DISTRICT USE ONLY. 1. The consideration for this easement is 2. There arelamswnt special conditions attached to this easement. The acceptance of this easement is approved and recommended. Engineer. , Attorney. Dated Dated at 1978. APPROVAL AND ACCEPTANCE by BOARD OF COMMISSIONERS OF KING COUNTY WATER DISTRICT No. 58 The special conditions, if any, and the corideration o within and foregoing easement are hereby approved and accepted this lam day of , 19�at a regular open public, meeting of the Board of Commissioners of KI COUNTY WATER DISTRICT NO. 58. By By Pr ant ahU -Cam 7 a mi s ones Cosrr asioner By Secretary and Commissioner Individual Acknowledgement F.ASENENT NO. 33-23-5-15 RR 0 1 81"11116 00296 F- RECD P 42.00 CW-HSL ***13.00 yell" -v UNT� TArLE OF CONTENTS PACE AR'CECT.F 1. DEMISE. 1 f ARTICLE 2. PURPOSES AND POSSESSION 24x j 44 FEW , 'J 03 ARTICLE 3. TEM 4 {� ARTICLE 4: DRILLING AND CEVEL)PISENT REQUIREMENTS 4 94 ARIICLS 5. SURRENDER 9 QD ARTICLE 6. OPERATING OBLIGATIONS 10 5r, SA � -I � ARTICLE 7. PRODUCING OBLIGATIONS 12 � ARTICLE 8. SUSPENSION OF OBLIGATIONS 13 ARTICLE 9. ROYALTY 14 =`4A ARTICLE 10. RIGHTS OF OWNER AS TO ROYALTY. 15 ARTICLE 11. PURCHASE OF PRODUCTION 17 4 .,. AR CLE 12. PRODUCTS. CONSUMED OR LOST IN OPERATIONS 19 ARTICLE 13. OPERATOR TO PROVIDE AND PAY ALL LABOR MATERIALS 20 ARTICLE 14. DATA, ACCCUNTS, RECORDS, REPORTS AND INSPECTIONS 20 ' ARTICLE 15. TAXES AND ASSESSNE-N'IS 23 ARTICLE 16. ROAD USE 24 ARTICLE 17. REMOVAL OF FACILI'TIE5 26 ARTICLE 18. TI?iBEK 26 =- :r. ARTICLE 19. LIABILITY 29 ARTICLE 20. QUITCLAIMS AND EASEMENTS 30 ARTICLE 21. RIGHTS OF OWNER TO COUDOCT OIL AND GAS OPERATIONS 31 ARTICLE 22. TITI.0 OF OWNER 31 ARTICLE 23. NOTICES 33 ARTICLE 74. TE1tMTRATION 32 ART1r.4£ 25. POOLING AND UNITIZATION 34 : AIITICLE 26. ASSIGNHEN'TS 35 € l ARTICLE 27. OWNER'S PARTICIPM'THC. IN GAS PLA11T, C)MPHESSION 35 = STATIONS AND PIPELIPIE% AATICI.F. 28. DEFINITIONS 36 JK' ARTICLE 29. TIME - ESSENI;E 38 OIL AND CAS LEASE i THIS LEASE, made and entered into this lest day of March , l 198L, by and between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, P. o. Box 1855, siIlinga. Fontana 59103 hereinafter called "Owner", and VOYAGER 1 PBTAOLSUNS,- ItFC., a Colorado corporation, 110 16th Street, Danvers Colorado 80202, !r�hereinafter called "Operator." 94 WITNESSETH. Q ARTICLE 1. DENISE + in the consideration of the "a of Ten Dollars 410.00) and of the cove- nants. and ag.aaments b*reinafter contained on the part of operator to be paid, kept and performed, owner hereby leases to operator and Operator hereby leases from Owner. for the purposes and the term and subject to the conditions and pro- visions hereinafter sat forth, to each and all of wbicb the parties hereby mutually agree, all of those certain Iands (hereinafter sometimes referred to ■e "demised premises" or merely "premises") situated in the County of ]ling, State of Washington and particularly described as follows, to wit: Township 23 North, Range 5 East Section III All Section 15: SW/4NF/4 Section 21. Lots 4,6, SW/4NF/4. NW14NW/4, S/2NW/4 SW/4, W/2SE/4, less 10.54 ac. R/W and loss 6.09 ac. Section 25t All. less 54.42 ac. Section 27s All, less 9.91 ac. power line R/W Section 29: BL/45W/4, power line across NE/4, 200' tract in NW/4 corner of SE14NW14 Section 33: Power Line R/W across the E/2W/2. •iE/4NE/4, NW/4NW/4 Section 35: N/2 less 4.5 sc. Utility R/W% Township 23 Nortk Re" e 6 East WE 172 2BIE , N 2Nw 4, SE/4NW/4, S/2SW/4, SW/4SV1 4NW/4SW/4, N12SE/4. SE/4SE/4 Section 27: F/2NW/4. NWANE/4 containing 3,232.75 acres, more or less. SUBJ= to the rights of grantees, vendees and licensees in the surface of said lends under deeds. contracts of purchase or other agreements heretofore made by Owner as reflected by public records and the records of Owner and to the obliW tions of owner under the exceptions or reservations contained therein. The lands are subject to ■ certain Joint Venture Agreement dated as of May 9, 1975. between Owner and Wyoming Minaral Corporation for the exploration and mining of uranium. Operator hereby agrees to satisfy any and all obligations of Owner to grantees, vends**. and license*@ in strict compliance with obligations of Owner under such i• cxccptionS or LC7cfVatiQhkSl ar14] to indca+nify Own, r and hold it free nud harmlaas of and from any elaia,s of any owner of or l.rtsvu havi.t:4 aasy rich[+ in rn11 to the xur- face of any of the detrirsed lwccmirrn arising out of the prrrormanrr of ecological, 1 geophysical or other exploratory nark hereunder. SUBJECT ALSO to all leases or agreements now autstmndinn for ur.e of said lands, or nay portion tltvrcnft for ttgrxeultttrol, horticultutd), grar.ing, mining or 'r Mother purposes, as reflected bg public records and the records of Owner. but Owner i represents that, as to the drinised premises, there are no such leases or agreements valid and Outstanding Made by Owner for the development and production of hydro - cartons, as hereinafter defined. SUBJECT ALSO to the right of owner (which right is hereby expressly reserved) to enter into leases, permits, or other agreements with others covering said lands or any portion thereof for auy purpose whatsoever not inconbistent with the rights of Operator hereuador. SUBJECT ALSO to all existing easements, servitudes and rights of war for ' canals, ditches, levees, roads, hirhwafs, telegraph, telephone and electric power lines, railroads, pipelines and any other purposes, to any puhlie roads heretofore laid out or estatlinccd, and to right:- of way for ditches and canals which may be constructed under authority of the Pnited States, as reflected by public reeorAs and the records of timer. SUBJECT ALSO to the right of Owner, its succcssora, licensees. desi,Xaccs, granters, permit[ees and assigns to u4C [r to grant to others the right to use the premises or any parts thereof for any purpn4e necessary or convenitnt is t1,e managemrnt and operation or its lanai and lands of others together witl. the right of Owner to construct, use, and maintain roadv and to cross and recrnss any roads, electric tronsmiasion lines, pip■•linea, or other facilities on the premix-ls. pro- vided, however, Owner will not prevent or unneces<:arily interfere with the activities of Operator. ARTICLE I,VRII(PSr.S ANn POS!: ESSIO). The above describf-d Inud:+ arc hereby )o<lsed for the purpose of exploring (by gro)ogical, tcuphyaical or nth,-r wnthn,;x) :ik,.l drilling upon Laid lauws fur hydtucarbons '(an hereindi:rr dcliur�l) and prt.,turiog. extr.trting and taking said ThydrorarLos:s upon and frow raid i:,mL•: for the .::elusive :u,d joint benefit of the parties hereto, and rnr 110 other purpunt. t1+at::urv,r. For said purpo:te, Opert,tc,r alrall have the sole and exclusive t' to explure slid drill -kpon the derriaed premises for hydrocarbons and to produ:e, extract and take hydrocarbons from the demised premises during the term of this lease. Subject to all of the provisions hereof, and to the extent that Owner hat .the right to do so, Operator shall have the right to enter upon the demised premises at all times and construct, erect, use and maintain all bui.ldiugs, tanks, derricks, machinery, equipownt. pipelines, tele- (p graph and telephone and e.lrctric power lines and other structures and facilities rl - !Ti whirh Operator miry desire in tarrying oft exploration and development of the demised QD prefai.srs hereunder. However, where the Owner has the fee simple interest in the land Operator shall pay Owner, in consideration for surface use disruption during the tern: of this lease according to the following schedule: Active drilling and operating areas - An annual payment equal to the fair market value of the surface times the current prime lending rate fixed by the First Nat--. s' City Wnk of New York plus one percent. 11 the parties cannot agree, fair market .slue shall be established by an appraisal. to be paid by the parties equally. Reclaimed areas - Oprrator shall arrange for appraisal, to be paid by the pi-rties equally, ac of the date of completion of reclamation to establish 1) the fair market value of the reclaimed areas as if drilling or other operations had not occurred and Z) to establish ths- fair market value in its reclaimed conditiop_ Operator shall pay Owner for airy seduction in the fair market value. Appraisal - AppraiRula contemplated in this paragraph shall be performed by a mutually acceptable qualified meadicr of the Institute of heal Est-4te Ap- pra;aert. parties C"nhbul uKree on an appraise., the nearest chapter of the lam titute of Real Estate Apprait;erm shall name a qualified oember to perform the appraisal. Fail- warltut value shall be baked upon the highest and Last use of lands comparable to those for which drilling is intcn..•_d but which are not affeet4-d by adjacent drilling. Any rights Operator may leave hereunder to cnnatruet and develop upon the demised premires shall not'I,c extended to include tlic- right to construct "Company towns" or other p.-rmanerrt raridrrnces on the above descritaed lanrin. Owner rererven the right to ur.a rmch portion or portions of them demised premincs aK are not required by Opernt.or in the conduct of its operations hereunder for all porpuses not in.onr.istcnt with dvvk•lopm:ut .r,d vp.-rntiun for hyrhocarbonm and su US not to iuterfrvc uoreasvuobly with vii-rnticatr. to be conducted hereunder, but if facilities. except the actual drilling amwl Ixtapiug facility, iustall.d by r Operator hereunder are relocated to accommodate such use, Owner shall bear the Conte of Bach relocation. Owner, to time extent it has the right to do an. hereby grants Operator the right to develop wster.on time demised promises by sinking wells, but all water to developed shall be used only on the demised premises in the drilling of Vella and !�4 the production and treatment. of liyclracarbonc therefrom (including domestic use) and �j shall not be used in the operation of a gasioline plant or other plants or facili- ties for the refinin , of hydrocarbons withcntt the prior written �onseut of Owner. Furthcrw<.re, any water rights acquired by tficrator on the demised premises shall be in the nrmc of owner. ARTICLE 3. TERM The term of this leave shall be for five (5) years from and after the date hereof, hereinafter called "primary tern", and so lone thereafter as hydr.xrrbnns are' produced from the demised premises in paying quantities, or Operator is con- ducting drilling (including deepening, redrilling, repairing, cleaning out or other reworking) or recoampletion operations on the demised premises. or is exclm:ed :row producing hydrocarbons or conducting such -.imperat►ors as hereinafter provided. ARTICLE 4. DRILLIM AND DO.-FLOP`]El•"'1 REQUIREMENTS (1) Optional Drilling of Test Well. Subject to Operator's rights under Article 5 hereof, Operator hereby agrees to pay the rental specified under Section (3) below or to commace the actnal drilling of a well upon Ott, demised pl'eL71r,es an or before the expiratiem of the primary term and to pro-ecute tl. drilling CheTPVf continuously and with reasonable diligence. (2) Optional Further Drilling Pei-r to Discovery. Subject to Operator's ril;hts under Article 5 hereof, if Isydracarbvn:; are not discovered in payiup, quantities in the initial tent well, times. as a condition of the continuance of its 'right r. hereunder, duritmg Uu. Nri.a3ty term, Operator shall within thirty (30) days afrLr Olt, viissatiou of drilling and any reasonably neces- Mary tenon}; o.f the islif ial te7-t Well either fulfill time rental payment require- ments specltied tinder SeCtiou (1) 1#Q10w 'IT Cun011011CC this• actual drilling on the 41viniiied premises of an additiooil well and .lil;t;rsd'ly psocecttte rise .trilling of r satb additional well. If Operator elects to drill said veil and hydrocarbons are not discovered in a in p y ; quantities in the additional well, then as a eon0itivn of the continuance of its rights hereunder, Operator, in like manner. daring the pri- nary term, shall either fulfill the rental payment requirements specified under r s Section (3) below or eommeaee the actual drilling of and complete successivo wells with not nor e than thirty (30) days intervening between the cessation of drilling and roaseaably necessary testing of one well and the commencement of actual drill - tog of another well, until hydrocarbons in paying quantities shall be diocaeerd by Operator as the demised ptemises. If at any time Operator elects to fulfill the restal payment requirements In lieu of drilling an additional well ay bersis pro- .NiIx1 .. Vided.tlnes prior to the near anniversary date of this lease, dwria; the reiiery w tens. Operator, subject to its rights under Article S hereof. shall either fulfill �. the natal payment requirements or commence the actual drilling of so additional Wall and there*fter. prior to diseosery, subject to its rights ender Article 3 bemef, either fulfill the rental payment requirenents or drill additional wells im the some "met a* first hereinaboFe set forth in this geetion (2). A (3) Rental Payments. (a) Prior to Drilling Test Well. Commencing with the first anniversary date of this lease. if operator bas mat theretofore commenced drilling operations upon the demised premises or our - reordered this lease, Operator shall pay to Owner, in advance, as rental. the eon ofTbXee Thousand Two Hundred Etvht Ibv and 751100 Yatal Dollars { S3t2$2.73 } for the succeeding lease year. and thereafter during the primary tarn of this lease and prior to each anniversary data thereof. the same oun as rental for the amc- coediag lease year until actual drilling operations are commenced om the demised preai"a or this lease le surrendered by Operator as herein provided. it beitg msderato" and agreed that in the event of the surrender of this lease as to all of Operator's interest in all son** in any portion or portions of the lead covered hereby, the amount of said rental *ball be reduced on the basis of One Dollar (=1.00) per acre of land so surrendered. {b) Subsequent to Drilling of Test Well and Prior to Discovery. If subsrquent to the drilling of a well on the demised premises, and prior to discovery of hydrocarbons in paying quantities. Operator does not elect to surrender this lease nor to eormonce additional operations as provided under -3- section U) above, (limn Gpcaatc•r shall $wly to L?Wllc.L the full Lamont of t•vut.rl iprcified under subsection (a) above fat the lea::c year, provid.-d, how.•w•r, that tr.r such rental payment. shall be required if Operator has thrretofnra paid said rental for the, lease year. (4) Shut -In Graff Novi -ion. If a well is: rfmpletcd during the primary term ns capahlu of producitrg l;as in paying qua.+titi.-s ruch chat it uunld otherwise eatcud this learn: beyond irs prilaary term in accvr.•::nt•. with Article 3 Nit for the fact that xech well is shot. -in for larl: of a market or a pi;vlipr, Ibis )a+.se sl.all ncverthcicss rewrin in full rune mid cifec.t t:urinl,. the pri.•.:a r t,•rm by renuminc rental 1,x.ymvnts purr:u:cnt to Section (3) of this Attielr 4. If o sy.:):et ha: not becn fc..rnd or a pipalis.e connection been ciade by the e:.d t,; tl.. •+ccirC4 to cnntin.te thus lease in full force and effect bcyoud the prirary tern, Operator shall pay Crener, prior to the le:.s:e expiration date, a shut-in gas reatz.l equal to twice the annual delay rentr.l per acre hereinbefore set forth for the. nuu.ber of a::es covered by this Irsr., or ore Hundred ftollarr. (5100,00) per well, whichever is greatcr. Such payn r[ xhall mais- Cain Lhis ]c.^•se in full force and effect for a period of ore (1) yer.r after t{:c expiration of th+ . primary term. 7hc rcart.r, annually in like mamer, upon l ikc payments this will rnntinue in force and eftect for successive pc-riods of c:.e (1) year each, up to fivt, (5) years to and the primary term of said Irase, so long ss such payments are made. If a mari;.tt has tot been found or a pipeline connection been made by the 'end of the live (5) y ,r extended term, any or all of the AE-..cisrd prewises which would have ut4,:rwis:- terminated in nccordancr with tine terns ;,old cendir�•.r.^ or tl'It. lrastr 111A ft•r this nection (4), shall Iertainate. It is unScr- stood that the• A-tive shut-in pas rental clause• shall also al.l+ty to auy well where the gas -oil ratio it such that the Gin•raLor is .. t prl.oitted to operate such veil without tic use or sale of g.-s. k:,.•,y paymont ..., as a ..hur-in rental, beginning With tie first noel paym,-ut JtLe la)Jowilq; the e..:aplrtion and siuttint;-in of a U.11 on the ICJSe<1 prt•mi_:es i.r n[5 I:en.1:: pvs+led nr uniti.+.r.i thcrevith, should he. idr•nt ified a:: scuch oa tl.e p:+yc-vnL. Nnthin,: ronta.iaFd in this: prr.vil.iuo :.Lail bc_ cunr:Erued to lessen the Upvr:aLursst .holy ter u:,e ;ell rrac.,:l:a.lc: rlfr,rts I.. mnrl:.•1 all h;:.s whirl( in av:IilLIUh. fur r.alc ft'tum t).r lieaisr-ri rrrrdi ;cs, .1-, is L.r,rin:,Jl.•r p:vrvi.4.1 ilk A, -tit le %. I t (5) (a) Development Or►lliug Aftcr Discovery, Subject to operator's righ;r under Articles 4 nod 5 hereof, if hydra - carbons are discovered and being produeod in paying quantities in any well drilled on tho demised premises by Operator, then operator shall within one (1) year after the completion of such well commence the actual drilling, of an additional well upon Qj the Jemised premiseV to the gone in which hydrocarbons are so discovered and shall O diligently prosecute the drilling of such well and thereafter � 6 y P S Operator shall reasansbiy develop the demisrd promises in accordance with good oil field practice which shall include keeping a miniawm of one (1) string of tools in continuous operation in diligently drilling additional wells upon the demised premises until not less than one (1) producing well shall have been drilled to said zone on each well tract an the demised premises. However, this requirement shall not apply if the discovery of hydrocarbons in paying quantities made on the demised premises by Operator is by virtue of its rights of recompletion of any well under the provi- sions of Section (7) of this Article 4 to any well tract containing a producing well, it Operator has the right of recompletion of said recomptetion discovery zone under Section (7) of tibia Article 4. (b) Offset Requirements. operator shall within ninety (40) days after completion of any well which produces hydrocarbons in paying quantities on any Existing or projected well tract offsetting the demised premises commence the actual drilling of a well to offset said well, and shall drill said offset well diligently. Subject to its rights under Article 5 hereof. Operator shall !a any event drill on the demised premises. within ninety (40) days after written request frog Chnier to do to, whatever wells may be n.•cesrary from time to time to protect the d4�;sed premises frow actual drainage adverse to Owner in the zone in which such hydrocarbons have b.:en dis- covered and to conform to the generally accepted c prescribed well spacing pattern for such gone in the field in which the demisrd premises are located, and to pro- vide the most effective developu-nt in such zone of the demised premises so as to secure the maxiwuw ultimate economic recovery of hydrocarbons from such zone. (6) substitute Wells. If. ill the drilling of any well which Operator is required hereunder to drill, mecitnnicul difficulties are .rgcountcrcd before such well is completed which would under gaud oil field praetierg precludr completion of ruck well, then Operator MAY abandt.0 r•+rch well in a�-cordance with the provisions horcof, in which event Operator XhaIl within thirty 00) days frvm the abarnlooxn•nt of such will proirl.tly commence the actual drilling of a sul-rstitwte well and shall prosecute such drilling Cantinuoatly and diligently to completion. (7) brilling After Viyae (5) Years. After expiration of Yive (5) years from and after the date of this lease, �. Operator shall not ccMsacnee or continue drilling any new well on the demised pre— n 94 mises to below the deepest zone then producing, Isydrocarhons in paying quantities la from any well located on the elcmiacd prroises, and all rights of Operator under this lease shall autw:aticatly tervrinate as to all lands and zones lying below said deepest Arose then producing hydrocarbons in paying quantities. If, within Five (5) years from and after the date of this leases Operator makes antler discovery of hydrocarboas under this lease in a deeper zone umder— h. lying the demised premises than the zone or zones in which the initial discovery ' vas wade, and if such discovery is made in a well drilled on a portion of the demised premises with respect to which this lease is then in effect as to the =one Wiz{ In which such discovery occurs, then Operator shall have the right to drill any new Lwells; to deepen .:ny existing well which in not producing hydrocarbons in paying quantities; and, with the written consent of Owner, to deepen any existing well which is producing hydrocarbons in paying quantities to said zone upon all portions ,"`' of the demised presrisen then remaining subiect to this lease as to said zone, upon r condition, however, that Operator shall perform all other obligations of this lease and is order to preserve such rights shall reasensably develop said sons ill accor— dance with good oil field practice. which shall include keeping a minimum of at Zrast 4nn (1) metiers of tools in ton[inuou4 operation, commencing within one (1) year from and after the date of such discovery, in drilling or deepening wells to said zone until at least one (1) well shall hac been completed in said zone on each well tract then r4smaiaing z.ubject to this lease as to said gone. if more than one deeper zone shall have been discovered by Operator prior to the Fifth (5th) anniversary of the date hc:-cof, the rights of operator under this Section shall be separate as to each such deeper none, and in order for Operator to preserve such rights as to each suc16 deeper zone, pperatur shall be required to reasonably develop that particular zone in rreCPrrl:jnLd' with goad oil field practice. which shall include using rrt lease Omer (1) ntrisy, of t,-nls. na hereinnbove provided, and — 8 .. 0 0 tQ I-t,rfotm o! L othc: rrquirrweitIr, of thir• Iva ^e. Operator S!,;-F 1 prumpt ly Rive M3:cr a Written doscriI,tiutt of each zoen• as to which Qpvr.etor cIiirr.s rir.Hr uuJer this Section, including a state-ment showing, Lite discovery date, Lite discovery well, and the depth of the: ttpper and lower limit; of said zone ill said well and each otl.cr well theretofore drilled to or through sa)4 Zone. (a) Reeompletion of Wells. Operator, at any time, but not svb:eynrnt to thrne (3) AM.riths after the cessation of production of hydrocarituns in paying qu:,ntitirs from the demi-ed to "I pretuihcts, shall hove the right to roComplete ai,y well in any 2.,037e previously peue- " a ud by s:aiel well then remaining stehjeet to -hia I,-ase. Operator tvleall l,av- the fr sight to Continue 1.0 nper:-te any such recompleted well so loag; as hyelrocarbonn are produced therefrom in paying 4l.antiries or reworking, repairing or redrilling operations are being conducted thereon. Operator, at any time, but not subsequent to three (3) months after the cessation of production of hydrocarbons in paying quantities from any 117"OM.-eted well or the cessation of reworking, repairing or redrilling operations thereon, ahr11 have the right again to recomptete such well to any zone previously penetrated by said well then rctaaining subject to this lease, toguthcr with the right to continue to operate said well so long as hydrocarbons are produced therefrom in paying quantities or reworking, repairing or re•1ri.11iur operations are being conducted thereon. - operator shall have like re- ::?.. ;r completion and operative rights in and to Bath r.ont Previously penetrated by each well they regaining subject to this lease. (5) Deepening or Plugging Sack Producing, Wells. Operator shall not, withuut prior written consent of O ncr, dLepcn or F1ug ;+s back any we:11 then producible in paying y:,antitie•: to a different. zone than the one ill which e;...., well is producible. Ak LCLE 5. SURRi: :'A At any time or times or from tiwr to time. Operator shall have the right. voluntarily and by quitelnin derel duly ex+cutrd, ncknowlcdy.rd and delivered to Owner, to surrender (o) AN. Of Lhc ei:misrd prrnrir:e (b) any portion of the demilsed pr._niaca Containing not less than forty (hU) contif;ttous acrr: and b..ssndcd by the beusndary liner. of tegal t,ubdivinisnt unless (hnt.•r does not own the full legal suh- division, itr which raa:r Upc•r:.tur map so :urrertder a pnrtinn less throe a full legal sabdiviaictn, nr (c) all enf the ri1-I,te: of Uper.etor nr, to any sons or rone•s ust+lrr-- C. ` lyiug all of the ~.wised premises or ally lw)rLia,u L1lA•rau4. Thcteupott the lands Q. the zone or sones, oa the case may be, so zurrtttdere& shall. cease to be subject to this lease. and all rights, obligations and liabilities of Operator hereunder, exempt obligations or liabilities thcreLofore accrued, shall cease and terminate with respect thereto. ARTICLE b. OpF.ItAT11iG On1.lGA'IIORS (1) General. IOFerntnr shall conduct all operations in accordance with food engineering mprnctices. (2) .".hurting Off Miter. Operstor shall use all reasonable meaas to shut off all water that may be encountered in any yell on the drmiaed premises and, in the event of the obandom- r ment of any such well, Operator shalt properly plug the sane and leave therein sufficient casing or other material permanently to shut off all such water in accordance with good oil field practice. (3) Operator to Comply rith laws and Obligations Imposed on Owner. € h In all operations under this lease Operator shall promptly comply with any and all laws, ordinances, rules. regulations, requirements and orders whatsoever. present or future, of the federal, &rate, county or municipal government, and of any and all departments, bureaus, subdivisions, boards, coamaissions, offices or officers thereof, which nay in any way a,.pl.y to the use or occupation of or ? operations on the demised premises or the drilling, maintenance, operation or abandonment of any wells drilled or to be drilled thereon, or the handling of any product therefrom, and such compliance. if inconsistent or in conflict with say provision of this lease, shall not be deemed a violation hereof. Operator hereby agrees that it will indemnify Owner. and save and hold owner free and harmless of and from and that it will at all tines keep the lands described in Article 1 hereof and all parts thereof tree and clear of any and all lie..;, claims of lien, claims or demands whatsoever based upon or arising out of any failure on the part of Operator, its agent or employees, or the contractors engaged in doing work for it, to comply with, perform and execute the provision of any such present or future law, ordinnee, rule, regulation, rrquireo�ent nr order, operator shall assume and perform all of the obligations of owner, its successors and assigns, which are required in any exceptions or reservations contained in any deeds, contracts of pgrchase or other aTrrrna•nta affecting the demised premice&. or any portion there- of, while subject to Lhir: lease. - 10 - (4) Drilling i.oc.Ation Resrr:ctiof&. i Without the writtets conscrt of Owner, oo well stiall be drilled upon or into, or $hail any derrick or other facility be installed upon its or any other railroad right of way, within two hundred feet (200 ft.) of station grounds or Other railroad facilities, or within 50 feet of any gravel or asphalt surfaced roaJ r ;i in .which Owner I=s participated in the construction costs. .j CD (5! Bury Pipelin� and Construct Gates or Cattle Guards. � p Operator bury below depth they fD shall all pipelines plow where cross culti- vated land, and at sufficient depth below logging and other roads to be safe from ei OD damage by vehicle traffic and normal road maintenance operations or at any other , proper depth wbrre necessary for other reasons. shall construct gates or satis- factory cattle guards where necessary for crossing fenced lands in connection with exploration. development and producing operations hereunder and shall keep such +4 .gates or cattle guards in repair and gates closed. (6) Abandonment of Well Sites. Subject to the provisions of Section (2) of Article 17, whenever Operator 7 shall abandon any well upon the demised premises, Operator shall promptly remove' L4Y.` all tanks pipes, buildings, strucTUTea machinery and equipment used by Operator s, f solely in connection with drilling or operating said well. Operator shall clean i 1 4 out and fill in all sumps appurtenant thereto, provide and erect a suitable fence- surrounding said sumps, and dig out and remove all foundations, pipes. structures and other objects installed by Operator within four (4) feet of the surface of the ground and shall clean ar.l smooth out the surface of the ground and leave the ground surrounding the well site in as near the condition existing as of the date of this lease as is reasouahly practicable. _ 1 (7) Identifieaiian of wells. Operator shall identify every well, 1--k and facility on the dem*iscd premises either as provided for by regulations prowroll-,ated by the appropriate regulatory agency of the State of Washington or, in the absence of regulations, by placing on or in the ismirdiate vicinity of Inch w011, tank, and facility a sign of durable material which ahall be miintaiuv,t with information thereon as to the Operator's name, nasrc of ie.rse if a well, the name. uumber and location of the well by legal subdivision at such well and if a tank or facility the name, number and units served by such tank or facility. 1 AR1.ICLF: 7. FRODUCIM; Okl.l(;dXjIo1;!: Subject to the provixinns of Article 8 hrrenf, Operator shall have tl•c ril•hr r,nd %hall he oblir..ated to ptodur,e each kr)l on the J—iscd premises con^ tinunonty, except for neeersary repairing, eleaninf; vat, redrilling or reworking operations, in accordance with I-00d nil field engirwvring practices so long as such well 1:11311 be capable of hrNurinr nil or other hydrocarbons (other than dry Rims only) in payin}; quantities to the end Mat otaXi4ia,i.2 ultimate economic recovery may be secured in acrordanc(r with rend oil field pr;rtices. Operator shall keep zll producing wells cleaned out and in got-J producing condition. Operator shall clean, dehydrate and treat (hut not refine) all oil produced from the dewis—1 prestisen whenever and to the extent nec4•ssnry to wake such oil mzrketahle in accordance with good oil field praetited. :2) Cas. Except as hereinafter otherwise provided, Operator shall use all reason- able efforts to sell all gas U ncludxng that produced with oil) which is s.•atlable for Sale from the dreised premiSir,, except such gas as Owner shall elect to take in kind as hereinafter providc;l. Copies of all prnpc+sced contrrcts, aErc(.ments and other comaitnents, and ail euteasions and renewals thereof, for the sale or de- livery of gas produced from the demised prem:x,•.s s.1,all be delivered to 0-ner by Operator at Yeast ten (10) day% prior to the extrcut►on thereof by Operator, and it Owner shall decline to cwupit irs share of the gas to an-; such contract, then, upon Operator's request, owner stall take smch quantities of its share of the gas produced tram the demised promi:rn ir. kind during the term of such contract. Operator' slat`, _ all t.•asolkaLle efinrts to treat or cause to be treated for the extraction of gasoline and other rearoozWy recoverable eosktercial content there- from all gas othi•r th.:n dry pas prcwlnc,a fruw tine demised premises ki,ich it is practicable to so treat in acenrdancc :itkt goo,l nil field pr::etice unless Owner shall elect to take in king befurc trc•:�tn.•nt; provi.Ai•d, leawcvcr, that prior to the cou�encc,uent of nuch trentates,t Opersitoi- shall i;Jviroc and consult with Ouster with respc,ct thereto. It is intrrd..•d that f"IC11 tre:utx •,t! reeov.-r, to the extent econcm-- ically practir;,blc, such products as will afford the greatest net return to both Owner a,td Operator with due r,•1•;1rd to tl,c• exinlit; f;,ciiiti,es of the treeting plant. 12 - AWIIc-'.I. b. Shsl'l.[:[aUi: [1F ula.tr:rntri., The drllllnj„ ol•,,latllig and pakill I,c711�� n1.1ll_.7110t1C of Operator (t',xCo!/L those ;et forrh in N: dtiun (:I) 1,1 Article• h hrrrvt) n4'.411 be Fnr.I.l•mled while and to Q] the extvaL thi,t 01,:•r„t.,r ir. pr.rvr•r,tcJ from complyilt;t therewith by strike,%', luck— outs, or other 1ciN t di5l nl l•a 11[4•::, Wrote, i11SUrrrl:Li0nS, fire, Weather conditions, r4 Ti acts of God, pavrrrtoa.l+ta! an ions (inclndiar orders or regulations of. Federal or v4 a} State ticies i.enin;. ordl•,r or rc••;ulationv with rex-peat to the drillin ar the :°►:. 1 g spacin,. of Well::), i,i,ullctiol.n., intert+•,cnce by civil, military or naval authori— ti's, u..r, .:ceil!:n;_. r,r /+tl„,' ximilar r.,attrr5 brvond the control of Operator, but as n.-nn .,f. the c, try •-• tor rr,11 ,-r +o plc -venting colupl iance with such obI igat ions is res,ove.1 or eeahcs to exist, Ilse Obligations el,n)) be restored to fill) force and off `: t w.,G operator shall prol:.ptly tvr%-,lr compl i :nci therewith and perforelance thereof. If from any such cause Operate, is prevented from conducting drilling or reworking operatiun_: oil, or ptt,,k.cing oil nr gas from the leased premises, the time x., vhich operator is so prrventA shall not he covntvd against Operator and this lease i shall be er.Lc-r,-led for a period of time equal to that during which Operator is so prevented frost conducting drilling or reworking operations on, or producing oil or k-, gas from such leabel: premises, notwithstnn,:ing any other provision hereof; pre vided, however, that the provisinns of this paragraph are not to be cunstrueu as a relieving Operator from the pa)I,wnt of delay rentals for the maintenance of this t ti lease during the primary term or any rxtt-aa.,d term as ),eerie provided. yt !i (2) On Account of Concervatinn Laws or Regulations. T)le sur,p^.n.-.inn or r,durr"vn of production iron any well. on the demised pri-mixes In eonforwity with at:y valid )aw, rule or rejulation, Stare or Federal, rcgniring the same, or such sl,,:l.,•nsinu or rcductleal ,11 ronforwity with any Invalid law, rule or reZia lation prior to the c:ae.1,1ic.hn:rnt of its invalill ir). shall not be deemed a violaLivn of any of Lite of Op. -rater under this lease. In the event of any such rust :u::il.n or rrducl i„1, p,Irsu iA to this Section (2), Operator oball from time lu tin.: turni,-h In (haver Llp")i, [w,n.•r'!' rcgw-.%t any and all data aftd informatic,n in Clip po!--nen:a it,n 0 Oprraror which rs,:,y be perrin.-nt in determining whether or not 0v ;u:lwnsii,n 4,1' ruduct inn r,l prlsduct;on from wrlls nn the d.:mi.t-ed prt•mist-s i,, in +,cl:nr/l::ncr with Ili.• prnvi:-;.,ns of rhi:: ,.,.t•rinn. (3) Notice. It a party is ra•a,d.-ted uuablc. Wtolly to 'ill part, by force majeure to carry out its obligations under this lease other than else obligations to make money payments, that party shall rive to tilt, other party prompt writtvn notice of the force majcure with rearonahly full particulars concerning it; thereupon, the_ nblt- gations of the party giving, the notice, so far na they are affected by the force. ri N yojeure, shall be suspended during, but no longer than, the continuance of [he force majvure. The affected party shall proceed diligently to remove the force majeure as quickly as possible. Ilie requirement that ally force majeure shall be remedied with all reaeonatle dispatch shall not require the seltlenent of strikes, lockouts or other labor difficulty by the party involved contrary to its wishes; how all such difficulties shall be handled shall be entirely wittin the discretion of the party concerned. ARTICLE 9. ROYALTY The (royalty share shall be Seventeen and Ono -Half percent (17.5%). Operator shall and herby agrees to pay royalty to Owat.r as follows- (1) Oil, Conilcnsi:te and Distillate kxtratted in Field S.psrntors. The royalty share of all oil produced ar_d saved from the demised premises, and of all condensate and distillate separated by Operator's field separators from gas produced from the demised premises. (2) Other Hydrocarbons. (a) The royalty share of all gasoline, condensate, distillate, sulpl.ur and otter content which is extracted from gas produced and saved fr]n the demised premises and the royalty share of all residual gas rewwining after such extraction (whether such extraction i,a pvrformrd by or for the account of Opt-rator or by other persons .grader at contract or other aCrerment with Operator wherelsy Operator receives all or a share of the products extracted or the proceet!s theri-of or receives a consideration rseasured in wbnle or in part by Lite quantity or value of Lite products extracted) less the font of such extraction, it beinr agreed, for the purpose of this least, that such extracticn cost .hail be uet wore than fifty (50) percent of such royalty share; (b) The royalty share of all gas Cotlwr than I;ar. -rrmaininl; after the ex- traction of gasolin- and utlt;r r.onit•at. therefrom) produced from the demised premiser. and saved; (e) The royalty shave of each and every otlu_r laydtoearbon produced and saved from On- demised premises. Such royalty shall be delivered in kind or paid in money as provided in Article 10 hereof and chill be eowputed and dclivrrcd or paid withont nrty d4,Juction Ca or charge, except as hi-re-inabove otherwise provided, on account of any cost or r'f P1 expense of rxploraeiou, drilling, development, production, treatment, compr,-scion, OD storage, handling, transportation, delivery, cleaning, absorption, extraction, w,inufacturiaf; or dehydration, or any tax, 3Kscs.%nwnC Or other P,pvCTpaacnt a! charge f �= paid by Operator pursuant to Article 15 hereof or anv other deduction or charge whatsoever, whether of the same or a different ch:rrarter, except such charger as are incurred by Owner at its express election pursuant to Section (5) of Article 10 hereof. ARTICLE 10. RIGHTS OF OUf:F11 AS O I:OYALTY Owner .shall have the option to receive its royalty hereunder either its kind or in sx ney an to any or all of the difrerent varieties of substances includ- ing, b„t not limited to oil, condensate, distillate, gasoline, sulfur. butanes and other fractions, dry gas, wet gas and residue gas vhirh may be produced Ircm the demised premises from time to time. (1) (mange of Election. Amer, cubject to the provisiol of Section (3) of this Article 10. shall have the right on thirty (30) days notice in writing to Operator at any time and from time to time, as often as Owner my desire, to change the method of payment of any or all of its said royalty from payment in kind to payment in money or vice verse, except that this right will not tar. rni as to royalty gas if its exercise wi!l Conflict with tLe terms of an existing contract for the sale of the royalty gas. Until Owner elects otherwise, the entire rr+yalty hereunder shall be payable in kind. (2) payment in money. All royalty payable in money on account of sul.:tances produced and sold or removed from the d(,miscd prcraise: 6vrin1; each calendar month shall he paid in money to Owner at its officr• in 1si11inf;::, Mnntana, on or before the last day of time next succeeding calendar month. As to each aubstanee for which royalty is paid in money. the awaunt of the royalty money payment shall be the prevailing naarket prices in the• fielJ. or at the bent priers olhr.rvisv ul:taialil>le., of Q4'ner'S royalty 1 71 xlratic cif t;srch s.i,6rlaucr, as tnucls e:l,art• is dcfincd ;r Artici • 9 I.--scvf, hold or 1''Aruard trims the t1cmiscJ p:e-«is.•:.. i'e+•ti.l,.,l, bawvvcr, that 01, r.ii-•r• flialI stor dispose. of Owner's royalty Shaer of tlsr I•rnduetiou for iotir.er than r.+iell rra�nual.l.• periods of time at-. are rouniste•nt Litt the minimum nerds of Llsc ilsttustry under the eircuostitances, and in rio evortt to exceed one•,. yrnr. Any such s:!le of ail or enndvu- rate nlhall rctluir•- the purch.s��-r to rr.li,ntarily waive any rights it tray have under Department of Isit: rl•.y or similar rrf;alat. ior+s to requite the seller to continue to dedicate ur eI,-IaveY e,uch ail or coed.-ngate beyond 11i¢ rxpir.tion of ary sale,: agreement. Opvr;:tar sh::Il net :aakc any salt- in inter;'tatt, commerce of Owners, ruyattp suer+r +•i :an•• 1,:,s 11t-Juctinn without first ol•tsining it -- (a) ii.•livery :end sturatcp of Royalty Paid in Kind. All sub.tarccs required to be delivered to owner as royci ty in kind shall be promptly drlivert-d to Putter as herin:fter provided. IE in liquid fort,,all such royalty shall Jc stored by Operator at Owner's risk for a period of not exceeding twenty (20) days in tanks whica shall bc= constructed and maintained on the demised precise, by Operator. At the end of such period, or sooner if Owner so desires, Operator shall pump such royalty into Lanks in Me field wherie lire demised preaises are locate., trZintained by thn,pr, or Which Owner shall have the right to use. At such time or ti.tres as Owner shall fail or refuse to take its royalty in kind, after electing so to oo, Operator %:hall have the authority, revocable by Owner at will, to sell all or part of such royalty to others at the same price which Operator receives for its own portion of the ps-nducti"ss. If in gaseous form, such royalty -hall be delivered to Owner by Rper:etor directly into "cis pipeline or pipelines in the field whert- th. dewiscd errs -..ears are located us Owner shall have the right to use and shall spreify. Any such roya'.ty (whether liquid or gas,--aus) so delivered into a pipeline mall be dt l iwor�d by Operator at :t sufficient pressure for trans- tticsion therein; providtd, however, that uieere, in order to so deliver such royalty, it is nrres;:ary tv cvmpre.:s s.uh royalty aver and above the comprestision rate require.] for the lsandling of 01!>r:etor's share of production, (toner shall bear the rrpense of such additional c.•m1r+::^ion. iuy Foyalty received by fls.ner in kitul may he stored by {Swilled for any tare uJ in tan]::: at- ol.her containers con: tructed and maintained b, fRruer upon the +lrFlist•J premises, ;-ud Owner herchy reserves Lo itself the right to cunsLtuct upon the ocitiiscel prcmisrs and to ,r^.intain, repair, operate and ar.v thereon (in :-urlh u-itsier as not unnecessarily to interfere with the opornti,�ns of Oprrutor ul+Uu the dendred prvwisi•e) all rtrl• taut-,., coutaineru, pipet irWC UIIJ c-yuilas.ut ns G.�ner way drim nt-cv!:Karr sr hscbps-r to provide foi ar accomplish the storlge, us,, transportation, delivery or marketing of any or all of its xa W royalty. Ls the rveut rhat any of 4)wner's royalty is treated under any of tlst• provisions of this lease, Operator shall transport such royalty to the place of rM such treatment and shall thereafter deliver such royalty to (Owner, either at the 414 place provided above or (at Operator's option) at the place of such treatment. go Except as in this lease specifically otherwise provided, no charge shall be made against Owner for Operator's cost of storing, handling, treating and delivering Owner's royalty. (4) Operator to Furnish Conies of Operator's Contracts. Within ten (10) days after entering into any contract for the treatment, transportation, sale or other disposition of any substance produced upon the de -- nixed prt-arises (excepting contracts for the refining of oil, but not excepting f contracts for the treatment of oil to make the same marketable), Operator shall - i notify owner in writing of such contract and shall deliver a cop} of the contract i to Owner. i (5) Traurportation of Royalty Taken in Kind. In the event that Operator shall have or construct or at any time use any pipeline or other transportation facility for the transportation of any substance produced from the demised premises to any transportiotr pipeline or to any railway or other delivery point, and in the event that Omer shall have elected to receive its royalty in kind as to such substance, then Owner shall have the right, a: it election, to require the transportation within the boundaries of the State of Washington. throu&b such pipeline or other facility of any or all of its royalty portion of such substance. The cost to Owner for such transportation shall not exceed the Operator's actual cost of such transportation of Owner's royalty portion of such substance. ARTICLE It. PURC11At'K OF PRODUCTION (1) Owner or its nominee shall have the option at zany Liar and from time to time, but exercisable only one time during; rack calendar year by not less than thirty (10 days advance written notice to Operitur, to purchase 300% of operator's share of the oil (which term as herein used shall include distillate, eondenr.ate and other ligisid hydrocarbons, as well as ri-udC oil) produced and saved from any - 17 - 9 p:+rt uI tltr d,Phi IA'd Llrr.i's aV ullw.•:-tVd to idly part of lltc dvulit•cd premises ntt tI.:- torn and r..n.ii'-iew. :•µ.shied in 'WctiVl, (:) l-f- thiS Attic Iv II, but 9u!JVCt: to the pruvir.iuns tsf !'. ct irtss (:1) of thi s Art i, tV ll. V! f 7) The ]sir. 1•: t-: !. I.• far the Di 1 pur, h: _ i d Isp [ ;Is c hrrt'uma r hall hr (a tllo prs•vailin;, tnatt.•t prirf- in the fir.ld.- or at the best prim othervise oi,tainahlc rf � b Operator at tlu tit...• of aieliver for oil Of 1 i.fc radt• "Ind Y p Y ;; I;raviLy and having thft :null thp,rtt.••n[ of 1inc11.)t classiriratinll which i.- prn:!newt! in the Salle area. Ownc-r m:ly trsrlil.,r, ilL purrha5e of nil pursuant hereto only on thirty (30) days aJvr,l,rr writ[.-11 nntire to (ll+i'T;sLor, and upon sl.eh 1r-:wivation, Owner sh:ell aRrre. to t Crh illatr it:• 'r.+.,•;+i•l ier/imrcf.aser" relationship with Operator and stlall use i t % best r-flort3 to .:.i:ce the ail to be relcascri to any party desigoatrd by Operator ullrler IIw L•-p•,rtl+.Pit of Euarrt;y's Mandatory Petroleum Allncot -(.n Kegularians or such other }r.uvrrna.,-u[a regulations then in effect. All other terms of the sale :nr.! purcha..- .•f oil hereunder shall be the save .,s arG ;u.�tut>.arily included in cnutr:,,ta for the purrisasc and Ra1C of nil of like Erzde in tl,e area frwr. w1kicls the oil purchased by Owner Hereunder is produced, but only to the extent that such terw_% :.re not inc.+nsistent with the specific provisions of this lease. (3) With respect Lo Operator's sb::re of any oil produced and saved from any part of the demise? premises that owner is not then purchasing. Operator r•-3y tt)a-^lit Such oil to related , third 1.•.rLi— un sa:•_1. Lerus as Operator ceco.s appru— priate but in no event for n period to exc•ed one y.•ar, and the subsequent exercise by Ntil,er of ally ritl+ts hereunder with respl•c, to the purchase of such oil [shall be subj€ct and subardirate to any Such eot.tract to sell such oil to related or third parties and all ]•.ovcrnmPntal lnws and regulations applicable to -uch related ar thi_. party sale. In the evc-nt Operator sells oil subject to Owner's opt Lon granted in Section tl) of tl.is Article 11 Irnm tir.+r• to time Le relarcd or third parties OJwrator arse, th..r it will requiro such purebas.cs to convent to the teminntioll of their "sllpp'.i•t/purrlr,u:rr" relation^ -hip with opc-rat�r upon the expiration of th.• iair5 COFItr-,fnr. if Owl -r exercises iLs opLioll to µurCt,ssc, and to t use [Heir besr etlortac to Cal:]..; 11So oil to bc! ra•le:+i:e:! to Owner upon Lhe expiration Of the 8011CF Cf.slrrMr1 lnl.h-r tt+e llf•1131-tnteLM of Ent-l-gy'S F:.mudatory VeLroleum c,l Al brat inn Kt t;ul: t,ntrs ur srl%mli othf:r iliplic.,ble h,ov.rntsental rey.ulatioW. then to effect. 1# 0]wr;,t(: at ills r;we of sslt•ls ar c•rci .e i!: usinJ; t:he oil fur its olrll account, it it wilt rrrLe s:+ch :•tepr :, are n,,.r.::nsy vrnh•r apt+lienhle ;e" Eovrrnm,•tt[sl rrlailalinnr to r lc: tine oil 14. ()Warr. (�) Owner may nut assign the• opLiun to purCha::r gr::urcd iu this Article 11 except in full to a sub::idir.ry corpur:61i'•11 of V.•ne..:' it: wl,ith Owu,•r rums dirretIy or indirectly all of lire voting SlneY., to a parent company that owns 502 or mare of : Owner's voting !>toek or to any affiliate corporation 502 or more of the voting stork of rhiclr is uti.-z:cd by the parent company of Owner. Any other attomptcd GD 7`I assil;nment of tire option to purchase by Owner, nr an; SuhsequrnL assiyiemrnt of the N ' Option to ptrrclra-,v by any permitted :.asirnce from owner, shnli render Llre option to purcL.rsc null and void. (5) in the event the Owner elects to exercise its rights under this Article 11 to purchase all or any par: of the oil produced from O'he dee:ised pre- mises, then Owner shall have the right to use those pipelines or facilities referred to in Section (5) of article 1D herein to transporr such ail purchased, and for buck use of such pipelines or facilities to transport it: purchased oil, Owner shall bear its proportionate share of all CostL and expenses, including such costs as taxes, overhead costs, interest upon capit^1 investment and charge for depreciation and a reasonable return on operator's capital investment. A"LlCLE 12. PRODUCTS CONWMED OR L057 IN OPERATIONS Operator may, npnn written consent of 4_'ner, use any or all of the gas produced from tiro demised premises in the operation of appliances or methods for the purpose of increasing the production of oil from wells drilled on the demised preniser, and may use oil, gas and other hydrocarbons produced from the demised ' premises in the operations on the demised premises hereunder. Operator may also, upon written Consent of Owner, introd+sce any or all of the gas produced from the demised prelaiscs into injection wells upon the demised premises for the purpose of :maintaining pressure or represhuring tll� zones from which production is obtained through wells upon the demiseu premixes, provided that the ❑perarors of all other land obtaining production from Ruch zones shall Contribute a proportionate part of the total quantity of gas owd fo; ::url purpose, Or shall at_rec to other arrange- ments satisfactory to Owner with respect to suClr proportin11etc part. So far as reasonably practicable, nperator shall always lire for each 5tch purpose the I hydrocarbon having the lowest value of all the 5ubstaucL?3 available far such use. Operator shall net be required to pay royalty cn hydrocarbons nsrd ns hercinabuve provided in this Article 12. Oprrntor shall not be rnquir�-d to pay royalty on hydrne::_bons which shall ❑n:ivoidably be fort ill product inn or in li:r aperatiau:; 1 _ i 0 0 Uj,ott the• dt•i.lit.rd 1•lc:ni:,r:: ;Ind w1,;,,ji CBlnlot by ust• or reasount.le rare 1., ie.pnlettdt•d in tn.ks Or olIll- r cold ain,ls nr otltorrriso iradr availcil.t. fnr silt+• of .+I het dispo.-•itir.n. QLQ ARTICI.F. ]1. OPh1tA'10k: Itt 1,1,,Ov1DF. AP:➢ PAY 11.1. 1ARVR AM) P,r1•fF'Iahl.S (� Oparator :Gall l.raN-it's and prowl.Lly pay fnr all labor -lad all d t risks. IF4 ptimps, 11+ec, enitil,CS, I,"Ara, tools, raiuipmcnt, nattCrial4, supplier. :and other �I f cilitie:: of kind It. naClrle which play he nece:;sary ur proper tc• rarry riQD on the operations Lf:Yl:Rllld('r :.nll ts+ pui'1.1rm [br roVeuluta and pr.vision:: of rhi:: ]ea: r. Ops:ratnr i:crr•liy - rs: r' to irrlorrl�fy O+:ner inn! to )told it free and harmless of and Iron :.-rd ti:t• lan,fiz +-lmc•ril•rct iti Article 1 herrof, fr.e And clear of any lien, charge, clviu, or detth-W11 bawd upon or Grit inp• 01it of or in conneetiou with the doing of any such labor, or tlir furz:isllinF of any such rmterials or supplies-, and Operator shall at once ttr•tify Owncr of the att.rchinr, of any such lieu or charge. AR-11GLF. 14. DA1A, ACCOIit.YS, FLCOR➢S, REPORTS AND iNSPECTION (1) CcoloF-ical anal GCophysicZ?1 Uata. liithin one rear of acquisition cf s,tch +fatn, (tperatnr shall f+irnish to Owner a sing Le col•r of all data acquirt•d by Operator either hrfore or during the term of tl+is base as t1+c result of €.rologic"), geopliy.ieal or other exploratory work includinp velncit) surVV}•K and seismic records, tapes and interpretations [hereof or. the err^ised ;rc•ri�es nr on the €•r�nrrr.y o€ others adjacent to the de miscd prenisets, and :ncluding ccrial yhotograplis and any maps or inteprctatit,ns made by or on hehalf of Operator as the result of suc1: geolof;ical, geoptysical or other rxptoratory work. Proprietary ownership Elf such J:.t.l, maps arc! interpr,tations shall reciain per,,::.c.sit lJ vt ,. witis 01"s,latnt :and 0,1--r ag-c.—, for five yt•nrs or tLe term of this leas^, whichever i4 the lrs:cr p+-riosk, to refrain fr:::n competit- , either directly Or indirectly, With Up[•rator it. Elie acquisition of Oil and Go; interests under the proporty of otht•rr-iJjaCr11L •n .11111 C011tti]taO115 with th[. delai:..d pet lit-,FE'S rdiicll ;ar,: st,owu by r.uch Jat+,, t::.p and![.e' iut+'rp:'. taiiuns ro be prosprr-t ive. For five ye..ars or the Lerm of Liti:. frn::o, wliickvver it; :Ise ic:.:'.cr ptriod, tAra,:r furtLcr iI _1 agrcrS to IAaititaits the strict cnnlidrnti.lity Of all :inch 60L,'I, maps :nal int[-rpre- !! [atinlrs ;rovidcd, h<,+r•v.r, snru,r way ;,t any tier- utiliv.r raid data for its awn account or fer the kb. -edit of it!: Itnt+-iyJrocnrhon lessees or co-vrnt.urers ill nz- plorati..n and/nr dr•�,luhw.•til lsf u.,t,-hf.Sil,cark,nu ,n;ur�ra]S viil,.ant, rriu.Lurscment to - 7tl - 0 1— t ;j L k, I . 0w . —I 1� :: U I -I,- , L 1. ilc 1 ,: t I- k -lWA. I i o1A :. ;'rid t-l.k, -k. t'Llt I : L i - I 1 -11 1,;- U-A I - I 0�41' 1 1.1 1-'-i 0-1. 1 lk-Liki ilk :1 1 -1!,U I L ;111 k, I. I ... t L ji 0'1: k' Ili (It "C I Ili,:' CtIn ( i 1101.1 k .11 0i Kill. IL ill f0l'111,-It i Ili t t 14 1 Vwnf-r i-::s, ukv,' upon y.iVin;- oct ic.; III 0j'I'r-..LAr, 'My luriii::[..d by n f i I i ii;-_ i -10 a Y. Il ,I-ots with or furn i 0a i np. C11 to-l' i rt,.! i ti. F rzia t inn V-4 to 1 Ike 1Lj i t f 1. t i t '-s fj �t �j I E':. :-'I I! I I C."rz: i on S i (•11!; Of the Va r i vv s Starr::, r R4 h. 1 .11" "Pr i ;J i- I 'it :,Ill t—1 i T y , or ri-r mal, ; ng tAhbl i : ..:.quire.' -y t i.-S I Aa!i lo I V.' , -.-. L stun: agMUMAII!. (2) We I I ank; i :-n IR; L.4. Vpc:ratv: M-A I kv-p and wi thok:L chnirp.r promptly IM 11 i sh ti, 01:31Z-r I A ilIZIL copy of all data and in!nrw::; j,-ii k6t.aiii--3 in the- course of Jri I lioy_ ft-v. lopukcrir and proLlaicing operatic Es on 1h, demised premixes and, to the extent such inforna- Lion is available, and "at cnufidentiM to Operator, an the propertj of others adjacent to t1ir J,rtis,d pr,.n it.c-A. 116.: data and inloim,-.tirin shall irLclk;,II:, but r.ot be livnitcd co, the follouim-- u.-Il cl:Ita - c,"pl,tc drily report of drillinF, rear illin, rewar.-,ing, recot!jplcL[ny, or rovidial operations; thickness, cliarncrer Mat coALEnt A all slu"a pow"awd by wells; samplus and descriptions of earns, drill cuttings and side uall samples; all joys it itwtrical, radiation, nuclanical, Lhermal, souic, magnetic, mud arizd5sis, and t4hurs); geologic currel-a"mK; xm"ys and directional surveys; records of care nnalysv5, eater and h)ln Mum analyser; completc bi%ttirif-z; of veils; (b) Pxoductinn hj!!L'q-j,.S Of .'; rt-L,,,rd of initi.d Prodoc- Lion wary, I.N.ntial T.-YES ano >rWA: uvil toot, describin; tr5t condiEMPN, imcha"Rat vquipinm and JIMIJ Tit,:,•'.I.rV,L):-. .'IL;'Crj� "jill" f.'-'CLb0d' Lypv -.ni! Al d.r.ta cl'Lt;tir-d; holy :i!::! roc-'U'li: ... : i - n I. I I ;IT I a I yf: - - i. ; non t: 111 re J-4i rt 11 111 Of'. 11 CA 14, L; ..I. 0 t L I.: 1 11 1 1 - 11 L- ok ;.- 1: 1-11 -1 � .- 2hh of o"h m"th K-AuC M, to oij , .11113 Lljl.it pro- duced anl Ll.*7 nur:b+r of Lhlrinl'. Et — month, by zo.v if P,ory th:ai r,r, it: 1-ir-lhicilih I .1sat M amoulat of i rode oil pr(IfItk('0,L Ifliff! 11IL' demi,;t-A I,.-. :. i:— in at Lbs i-1111 Of H.,! calendar 1101101; n r4'jj(.jt as abc'vr 1.11 -::an r UvIl Id in 014- tir-ld i>r wren in - 11 - %Asirli tltr dchiiscd vrcmi:.l; ate luccLcd. 411w for k-wllc tr1•vLJt•11 i,y uth.t µrudur�:ts of UpclatulS in sai't Ii('tu uc :,tr:, tC, tl,. .>.tet.t au.1i in:oT,:,:.Li.n, i:: -.vailal,lc :.nd Tint COD fid.-nl ial 10 Oprratnr; tli,• ar.,..utTt of producrd frori the domised I. re4.i sA s ti:hich are 1%:.•.1 in ,11„ 1:it ien:. on thr d,,l;ti hed prenj!%q•s o- which are un- avDitlal.)y lo•ct; riapr ar•1 Jv.t•I-il,t inns of all far iIiLier insrnlled by pp(-rat-w- on d ;p il• d.hri::.:d pr.,a.i:er: .i,y tlLrr i111" 'Itic,t, r-e.v:sa-; far the ptc,l„-r dri ertuinat inn rl ansi ev.elu:,t i.n. .4 ma. ir..a, c f I i.•iviii rat. rif recovt•ry, taa::il::utci ultiu>i.IC rec(iveryQD , ant: trfr U[L,'1" ra: G.7Yr•ir :a udi.•S. 011V :rtr.1' shall k,---p lh.'u.r pr..n:pily ac.d full. ;-JU►sed in t,-ritint;- as to the extent, nalt.)e :,utl pr.yr.:::: al cell ►nrk c,rr the dtr-izr•d ptj:airt.:. and :..Ijact�tlt properties. (3) Well and Product i.,n Ua[a COtif idential. Any Oil and p,;,: data and infnrn:ati.in furt.ishrd to fJrq,er under the pro- visions Of Seer ion (I) of t1ii9 Article 14 =y bo used by OWAkcr for its own purposes, Nut shall N- kept confidential from nthcrs for a perind of five (5) years from the date tL;y art. deiivcred tr• Vwner by Up.•rc,tor or LOT the term of this lease, whiel,c•:ctt ib the 1es:;er peri,-d. Owiter i%ay su!,a.it nc-ccs.ziry inforh;atinu to t:arl6Lrlt5ntS and subtonLractors performing uork for N-ner wlict agrL•e to protect tl..- confidentiality of such in- formation. (4) "t-cords of Caveinvental AuthotiLiO::. Operator sha11 keep Tint: withe,.t cl.r1e sli:.,l prnaipLly furnish ro L.+ncr a single rely of all r.,.tir.s and report, to State or tl.tr gov.rnrrcnt.,1 iuthority havint; jurirt;irtic.n :rr..l All rvPIies, r.:spun sc-s and co=crits ther„on by said authority. .p.•rator h.ivhy autllorires Lhaer :,r,d its rr•,resentativcs to examine and Co a.a:ce and rake copz. ut all rccords of Lill- Sun re Authority having jurisdiction (including all uffiet.r:., drputi. and aj• tltt: tliercof) and all records of auy other under this le.ise, itic Ii,diul;, but r,•t lin.iI. -i! tn, all rrpnrts, retards, notice:: and tit3trmc•nts filed by Opor-At Or. Cil,cr:,tor hvr,'I>y waiver. all restrictions now ur here - :ester impo::rd by ntatrit.- or otl,ert:isr upon tiro use of such records by Owner as evidcncv or UthclwiNe. Rrcortis anal Account::. 01,4.1:114.r Mial l ni:rYv r.v:,i Iablc witl.ii. the `c:.Lv of Culoratlu full, tune and t.ilrrrnt k wuld: lord „ccolnli e. r.h,•aIiw ;Lr. "Iv.r:.I i,-i:;. Tingor 11,ir Icas t', All till, a c I• o: . n:o I[ 1w AT k, 4.1' i rq' 0 all 10 —iLIL -1 f r Jill t [W d I J.. i ;l] ;k Il C! •i v I 1—t loot 1 0; i 11 1 low. I'I'T "M'-'; I, r ;i I&J o 1. . CL W' of it: :t.ki I o I -'I i,f -mko 1; t--cord:, rq .TIJ its tht. -1- L 1-71 tt— (-;Ill 11 t tiv k,I-111 It 1, W1 I -V t I It Y t M 111, vm: 14 v3dt ruirli r-siv&- calet-oh.r nymitl :;hall Ot I I . in "10111 ';It I mi:!"I vl i I L rf-Coilr. i 1. f J F ,,I. ci 1 7 1 d Ill -4ti fill L b. prec—i i n,,- Cal F-A I with roy I I p 4, to Cw;i v r v i j h t b.1 J, t, upon W!j 4 C 1, F " C I I I 'Y--L r ic computed. 11 gas MI a " I b.- di 1; tv, I V d on the dvi.ij sed p I- f I.. b' Oj' I t I 'I ::hall t f t. C-r tic I Ll.!R- i 1. C. C'r �UCjj L v 1111. 1 y wi tt t i: n s d t at rE. 1. 11 "r Ve rf d 0 - t 1'r Su.,j Ur de. I i v.- a 1 j It iron all I a 114: o- in ' I u- S aL.1 f i u 141 opt -role P c irm r r o 11 1- , i ( F 0 1 d Ir k 01'. L C t lL(! Lc b- sold, th;- P-iC-o Inc nallf• and ac[,i by Runrc Miall il,-Iv, [I:(, ri;::,t , it oll E buL at its o%-n ;i--A� a t 0 1X ;'Ell 14 (WL0, 1-Xj'L-rL1-r) and ILI 1j:L.1..' and LOP. cf thi' 1. C,,,i, S .1 V. 1 L v 6t 1,I j•t hy t. ';) I . 1'. Lie I: r, a 1: j To d to t-,!s;ln [-I -t ilroo tic I ll-iii 1. r.r. k zi;;v III, AWJI Ic H 1'.. j. i , ,. I. . .: ., :2,; I—'. all tar.ws, as-.,tslcrntt I o,, L iX I ti:i C ( 1: i p I Sila I I b, li`rl tJ U n 0 N C I-d or I! i,:- j I t a I - Et I a j 1,1 rtic- " , r C t. i 1), ' I Y L'tIll I jL!-jq , 1. - -n I ?r , tj C I L ;wf' perrwo-i p". y cto, I,: vtj I CI I ! :- —1 ",C I Ili iii A r v 11'-, '-n lly OV Ill, 1j,i ! 1- 0 0 (2) I-x.,.-: and h ».,c.e on Acty-xot of Upcsutious. >xcrpt as rvccifecaIIy oIlie rwi5" p:ovi.:.•d I.,r hvruiI, ttl.cratur s1kaI1 pay and discharge bcfnrr delinquency o.d hay solely liable for all taxes (including n(-r procccrd< raxer nr ether lieoose taxes), assessments and other governmental charge:: upon or reftral-le to any operations or acts of Operator or on its behalf on the landn described in Article 1 herool, including (but not thereby limiting the 94 gcncrality of thy foregoin};) the drilling or operation of any well or wells; the CDproduction, extr:-,rtion, sc•vtrance or removal of nny hydrocarbons, the processing, refining, stor.ipv, or use thereof; the sale of any such hydrocarbons or of ally product. ca[:ufac,tur.•d thereirrnt or therewith, or the transpnraratinn thrrvef away frost the demised pitmist-s. lio►rver, Operator shall not Lear the liability of tl..,t tax assessed on Owner's royalty by operation of the Windfall Profit Tax Act of 1980. and the Operator or Operator's first purchaser shall bear the administrative burden of collection and payment of such levy only in the event Amer or its designated ,%orlinre is not first purchaser of Owner's share of oil produced and saved from the demised premises or that oil subject to call by Owner in accordance uiJt the prowlasion of Allic)c 10 hereof. Operator shall also pay and discharge before delinquency any and all assessments, charges, and obligations of any kind whatsoever which by season of any operation of Operator may be or might be:ome a lien upon_ or charge against said lands or any part rhercof or .,ny well thereon, and which are created by or shall arise under or by reason of any present or future law, ordinance, regulation or order whatsoever. In the event that all or a partion of the premises are subject to a roll- back Lax provision and the property true. arc iacreasc•d as a result of this Agreement, Operator shall 1„y the follback tax and, for the term of this lease, +hall pay the .cease in property taxen until Pioperty taxes are again based on forest production ;417-poses. ARTICLE 16. ROAD USE. (1) th.•ner, for itsell, its :successors, iicrn::.es, designees, grantees, permittces and assigns, res.•rves the right to up,•, in cominou with Operator, the j roads constructed by Operator, or rnaea for which nprrator acquires use rights, for oily arcs all purposes conu<reted With the• owncrrhip, wanageme•nt and utilization of any nod all land6 of Owner, or Me landr, of other>•, and the romovA of any and all products therefrom. Operntor, to the e-r.h1111 reasonably posr.ible, shall, at no Cost .. 24 0 0 tp C.:;r.c. 0i'taen L1r16..1 1;:0t s le•t all rant.;. aes.•:.s t+, n..:.y iI..l;: in the: neme of (n+ner. Operator 0h,11 1%nvv the rihht to vc e• i!.l inr roads and other roast; on the demised premist-s which (more mat :cnstruct, eauro to be can:+tructcd or ac- quire use ril:hts on, iono far as laid us.• by OpeYatM- i:: uerest:nry nr rnnvr•nir•nt for the purpove of vxercir.inp; the rights (•,ranted to it under thi:: ltrine. In the event (d that either Owner, Operator, or their respective SnCCe%Sors, licensees, perrnitts•(•s, C rl grantees, dccignoes or annirns, should use portions of nay road constructed I,y the hf w4 other or rrnds for wl,i�lh the other aequirL�s use rights, or by-nccea�.ors, limn..- -cc::, permit ts'o::, d• sib;u: cs, grantoe•s, or assigns of LLr other, snch use shall lie Subject to r,-arcniablc Ur(- COlyditians establislied by the other party and th(r tenas and conditions of said acquired use rights, and to the sharing by (yperator and Urncr of all mairrtcl;at-:: expcnsns and use fees in the manner provided in the' followint; Section (2). Operator shall comply with all applicable provisions of at:,te, loca: and fedvr.,l laws and regulations in the use of such joint haulage roads and private haulage roads. and with all applicable rules irposed by Owner or others governing the use of public or private roads upon the premises, inciudint, but not limited to, rules concerning the sharing of rise cost of niainieuance of said roads -n direct proportion to Ofcrator's use of same, and rules concerning the closing of r.•:tds or limiting tlseir use where, due to weather conditions, un- restricted use of said roads would cause excessive damage to same or create excessive damage or cause fires upon the pren.asex or other lands. (2) It is expressly agrcr-d and understood that Operator and Owner shall each pay for or perform its proportionate share of the maintenance, of all joint haulage roads us..'•. Said ptopartirnate spar-. unless otherwise agrea-d, shall be based upon the ratio chick the sril.ht as rroducts hauled by each party over the various portsous of said leaulal:tw roads W-ars to the total wcigbt of product, hauled by all partiF�: during the same p(:riod over the respective portions of said joint haulage roads. (3) It i.. ex;,re:,;1y-'�+re,•d and understood that operator nhall pay for its prol,,i.tiunatr +h:,rs, 1•:,>:rd an antiril,ntrd usv of the pren,-nt value of all joint t:sv roads which rany be conl:trtsctr.d (�v imPr-ov,•d 11v Owner subsequent to the effective date of rhis l+:ase. (1,) Operator nLall uasotain accur:,tu records of Oporator's costs incurred `'� in mnfntenanc.-, improvt-,neat and consrruction or road:: upuu the prr-mises and upon it': Ili eir f't.'r..'t e. st I. i1:r t::-:rL:. l'i••ai ur ehaII tiLL.t lie pL tit lu,.:n. ,• t•r 1,.• :.t, t �•iut h. t:!at, rL.:1J dar.:.tF.•. ovt r aa a4 rr-Il v,'at ;tn,I tl':.r a:inr:rd !:Y Or- •rntnr'I I I•: r:l ir.n:: In t,•- one:rr. tlwitcr may, I t-Or" 1 it.,t` to t iorr .110 as n,•cL ::!::.r+•, ad\•i sr Oltcr:r[nr of the Q� Method Or tr.ethoZu by r:hiell ()p;•r:[torts Vi- 011sihility for h:tyIacnt or pt•rfornrancr• of (jl taq l lr L vl;,; r::r, impz:C'Vcrwltt, .titd co st t'tic L ltin IS tP 1,e (l i scl r ar; eJ PnrRI;1t1C O ctator's own dett•rmination or i[ ! Iicr,1:1v tY1'Fc rtt to Eats aprocd to 1)p the ri P'- . . DPP P V. M parties ,-r.(-rcisiur, join. jt:ri :diction ov.•r Llie road. (5) Dper: tt.r, report r••t•irw ;ind approval of prnpt,acd rout.•s i,y Owner, may cnnst:uct AV- s., tn.I,IF in [h,• prrni..rti, (lentr, For itsrii, its suct'c':ors, dtsignR, de'tiiI',n P•1S, :rail h,1'at1[.•.... rt 6rrY.'F 1'ltu rtl'l:t to t15e in c6:a un with trprra Lor such ace*>•5 roads crestnicLrd I,y Orerntpr, for illy and all hvrpi+ses eattnrctrd with the nwnrrship, manar.-ii-M. and util;zalitm r.f the irk•::,isrs, ARTICLE 17. hIMO AL OF FACILITIES (1) Pernattcnt Facilities. Operator shall leave permanently in each well the casing or other material placed therein to shut off water as provided in Article 6 hereof. If Operator shall drill any well on the demised premises for the producticn of water, upon discontinuing its use of said well, Operator shall, upon election of Owner, either properly cap said well with a metal cap and permanently leave said Vell intact and in &cod condition or properly plug and abandon %am^ If Miner so elects, the roads anti other facilities inseparably affixed to the lard shall he kept, maintained, and left by Operator in good and safe condition and sh-Il becolre and be the property of Owner without further cost to it wt!rnevrr the lands upon which the same art- located shall cease to be str6jcct to this Icasa and sucl, ro."J! and otht:e facilitits ere nu lonGar reasonably ni-cvssary fot ui-rator's op(:raifoul hrrcurtdrr- (2) Rcn.,,vable Facilities. Operator shrill no[ at any tir.L witi,out Lla prior arit[rn rnnSVnC of (Nnik-r, vfiwove from the lat,us d::critL,:J in Articic 1 hrr(•t,f anti' w,•I1 c;Lsing, tubing, 1}iping, fittings, t,nkr:, pipolfri. or oth,r L.tcilitiv-, vIlici. .,re r(-asonably neces- sary fol: rike prL„fu,t inn t.d 1;at:Jl t,ti; of tr}'Jr,,,rirhntir. capalA.- of .,-ins produced from .ny well upon Elie J niat:d pnair,rr., and wL.•i,rir :,r,y ):,ruts cuntaitling any s,tch wt•11 shall ci-41%e to 1•u ::.lhject to if,iS l.:r e, than,-r slir,ll have lhtr option to purch.t.; Operator'!: inler[•st i.1 all :n• h faciliti— ul,on it- lands demcrihed in Article 1 1. - 0 0 11-.'V:,,i rhiah o.r alit, ta.a:.a•u...,ly uL:Cv.1s0ly' tvt t I I V I-IvduCLi.Ht ... i,:.tn;iiget. u€ l,ydftic .ji1". r. aa1'a&1. a( ba•iut: pi:uEtr,l ttou. !.c111: at;;l .and khicli oprt:ilor ie not rpquircd to tt•mc,vc pursuant to th. prow) .i.x v, ul Sect inn (3) of this At it le 11 pk•r.,:r'.. i.pt iou to (.t:r rho::r. ry :.welt iac i l it i, r+,-I r•L be are ir:: rl ha' writ r,.tk n,M ire• giv4•n to Operator viLhin t,•n (10) dad•>; :.(t,•r (rpc•rator liras given th:rner written Cnotice that the lands coil t•=ining r.tich vela Lave cpasc,l to lira subject to this td lease. Any facility placcd Or cnustruct,rd by or for Operator on lha• )ands de - Well (� serihrd in Artiel, 1 her+ol vliirh thmrr Helps not a:+t e1Cct to purchase and which is no inn; rt rear onal•ly n"cs+aty for Lilt' prodnct i,•n or handling or hydrocarbons eapablr of 1•r•in;_ pic-ductd flora any well ul.otl the- drtcirvil prawisys, mly bar remov,:d by Operator if oi.e•rator is nut then in dVfault ill any p•-lYmpnt required L0 be made by it ltereundrr, at any tir,,e while ttie lands on which such facility is located rcnain subject to tl,is leas(!, or ►:itliin thirty (3u) days after Operator has given Otmer written notice as aforesaid that such lands h..•rc• ceased to be subject to this lease. If any such rctnoval is commenct•d 'n good a.-Ath during any such thirty- (30) day period and cannot with reasonable diligence be completed brfury tlta u:.l of sueh period, then Operarn.r way diligently cznrinue the volrk of such reatoval for so long thereafter as it reasonably necessary to complete cuch removal. Operator shall restore all lands fran which it removes facil:tiefi to as near their original Con- dition as is reasonably practicable and shall leave such lands in a neat and clean conditio-. The price for any putcltasr of equipu,ent by Owner pursuant to this Section (2) shall be the titen prevailing market price of sicilar equiprr.-nt of like age .nd condition above groun.l in the field of which, the devised premises forn a part. (3) Operator`s oblihation to Aeu.ova- Facilities. Mien any ):Inds eonstitutinl, all or any part of the land oescribed in Article l hereof xha1l erase to I.e :;nbjst to this lt•j", Operator shall promptly eor®ence the removal froth such Witt,Jtavr, lan.ls all facilities placed or cotistructad thcrcnu by or for Operator in cnnna•cti1•❑ with its t-l-cratiuns ots,ier this lease, but no later than uiucty (90) d;,y:. .)free U.n.•r gives UI... star written notice to do so, excepLin,; any facilitius so purch.,::ad by Owns ai.d uxc,•ptine. :.ny facilities w1ii6h are 1'etairted pur:.ar.arlt to Sea t iru (7) of Iliia. Arl icl. 17. Operator sh;+l t di l il;t Sy cunt i,:u, the w,irk of such rcrcoval lint i 1 it is campleLcd, shall t'entorc rich l:rn,lr: to as ttr•ar their original condition as it: 27 - 0 0 t.a•:eu;tbly I„ .et i, chl.•, and $bats IcdvE• sue!• 1'1""t' iu a u.•at rluru r..Oil c.,atletiuu. If LricraLut lade: Lo raIll. -VI rueh ILIciIiti4s or .,ny poi Lit'll LIt,-tv,d or fniIs to re•.turr such ;.till;, W1tir1n a rear.nnable tia+e ,after [..riot: required .iu to do :,r: Iivr,-in prnvidod, thee) Uvrivr w:iv r-it.t Le, to}. r• title. to !:Lich f: ri l:t ir'. r ,...,e thcteol withtnrt yrtyn,t Lit !,y yr case to 0v'nor 41" may rau::r rush foci I i t ir•5 or ratty C portion thereof It I. Ile• [-,•Irv•:.,1 and disl•os�d of and r,uch !:tat= t,• 1),7 r.,,,te,r..I, :+ll ai tF W4 the risk and a:;l,ense of Pl„ r.LLt,r. 9" Wit It: 11 uxr• of an ar...1 iS complI-tr•, 01,,ratitr shell use the b.•st site pre:p.n- ration ua•asurer. tln in rm.e to attantpt to restore' t iv&vr product ivity cr,:. ,cnsurate With tltc- tht•n hc';t avr,il:i+,lc tcchnt.tngy. Whet: Lhe sire i�: readv for planting, Operator will 1,1:11et mt:tlicitLit ScedlinTs of a species of tree desiFrtaled by Owner froth among; spec :t-- of tre•t•c common to the ir•riediate area. Such pl:tntinj: mtl.t ensure survival results conristeot -ith Wash ingrOn Foror.t Pratticc Rules and Regulations in effect at the time rlearing or disruption. nccurrod. (4) Other Obligations of the Operator Mier. lands Ceise to Be Subject :o Icase. Whenever and lands $hail cesSe to 5e subject to this lease by surrender, lapse of time, turminatiou or ethervise, Operator shall promptly thereafter prepare and it -liver to Owner a detailed -nap showing the location of all foundations, pipes, structures and ntlerr objerLs installed :artd left by Operator. ARTICLE Ia. T1MRF1t Owner, ft•r itself, its successors, licensees, designers, grantees and assigns, reserves any and All mercltrnta!+te and unmcrchantable timber and reproduc- tion (all young sredlitzF and sapling Lr,,cs ti:iicls Lav, uoL yet reached J SiZe vherr- they cam be hzt yr:,ted for timber; on tf-c preatises, tugethvr with the right, during the terms, hereof, Li• cut and remove or Lo }:rant [hr riylit to ot}:er's to cut and remove said tin:h„r ari-1 reproductio... Should any tim!,.•r or rcproductior, interfere with VINL•rater's operations h,,reorder it will notify Owner in writ ir.Z and Vo ner may rith.�r itself cut and rcrrovc• such tintl+er and rrl-ruductit,a ,.r instruct 01,ratc:r L,, cut and remove n.,,ar• spun payment of the full r.:,rk(L value elf tl,,! tit:.!), r and rr•pt,,,lt,ction as determined by the Owner. Full n.atktt value•:: fo- rf,pro•tntIioil well be determined using standar.l camps rd int<•rost t.,rmulas ul,i-t- ..h,v rhr ;varty prnr-re•ssion of value frour the seedling• initialiOil until tiMl:,r hnrvt•st. full marl•..,[ V01ue for Limber shall he c:ileulotud l,y aar,tutlly aceepLet' fr'„'st indit::t,y practices in than di::tricL. 2H Shut:ld 0I'e,ator cut e,r drrn,t:c :my tlr,l.rr e•e t:-hroductir,n u,u:uerr"-,t aE Owner, it shall pay [hoer duut.l,• tl-c It-,u car rent full m::,:hV1. value It'""i liquidat e,1 d;.,n:rl:rs. Dpa t:,tr,r [urthvr ar.r�r:: t.l,:,t i[ shrrl I con i.+r t it s oper:et ion no iri as to do :,71 thinit� r,;,r.4,natrll within ite: 1„•w,rr to I.rcve,nt and :upprr.s:: Fires on the prcmi"as durior ll,r term: of this leas,`. W-1 Ak'flta-t•. P). 1.1Alll!.1TY Rif �i � il) Pprr:rt„r .h:+1! iud�miuity and.lrnld [h:nrr l,armlras from and against ,:ll loss, dawal;, rr rxp,n'r r.:-uitin�, Erna, any injury to or death al persons or da,nalr orator's P erati[H15 to prop�rt}' orc,urint: „}r.rr, nr al.c•ut tF,,. 1,re•�•isrs caused by Pp F hcreun'cr, cxccpling only sucl, claims, cn.St r , damala s, inji rirs ut cxprn::cs which may be C=:used by the Fo1c nrr,lir+•ncn cr willful acts of owner. (2) Operator shall LsFnme :end protect, indrmnify and sarc karmlrss Owner from all costs, expense or liability incurred by nwn,•r in connectinn with or on account of the patrol oC the premises for protection from fire, and also the sup— pression of any fire er firer. caused by the acts or omissions of Operator or the ting r•n the premises or any part thereof, or agents cf Operacr.r whether orifina spreading thereto from ocher lards. Operator agrees to assutaz all liability for, and to protect, deftnd, indrmn::y and Favc harmless Owner from and against all claims, loss, cost, suit, or expI,nse in any a,anner arising from such fire caused by Operator which spreads from the premises to other lands- (3) (a) During the term of this ic: , Operator shall obtain and maintain employer's liability insurance with limits deetxd by Operator to be sufficient but in any event not lass than One Million lloll -rs (91,000,0*0) for Two Hil1ton Dollars injuries to or death of any one p•'rson, :end not less .ham (ji3O+al,trOtli- .rnth c,f n.orc tha„ u one per�nn rrsltinl; From any ..r iajueies to nr one accidr-nt coverinr location of all Welk places involved• cperator shall also take out and maintair. such ct,rnl,rrh�•nsivr general liability insurance, Which in— a[tacl,rd thercta under the surance shall have Cenlractual 1-i:rl,ility l:nJnrs,e.rnt terms of which the ins„riny, al,r�,n,,•„Is of tl,e policy are exlrnded to cover the liabilities assumed by til„rnte,r uer.undrr, a:: deer„rd by Oprr:,tor to be suffieie•et to protect Oprr:,l,rr :end ('%l)Lr from rlc,in,n for dn, -r: for bn,lily injury, ineluditir de - a 3lh, ' well os f7—n clai,- , fnr prr,y•• ,ty dnmarr:: lukl,ir.lr may ari6e Etbur wrunt;l nl,rr:,[iryus hr any rparatious p,-rinrmu-d by (•p•-e:etur Under this 1• asc, wh, th. r rteeh R 0 0 tD O �1 M rl 0 a`) by Operator or by anyone dirrctay or i►.,tirectly ewployed by Operator, Let in no event l.'xa than the frrlluwiul; a,iniau,m . p:.+u.1t L: hudily Injury S1.000,000 each person $2,000.000 each accident proper;y Da,sage $1,000,000 each accident W Operator shall further take out and maintain comprehensive auto- rw+bile liability insurance in amouu;c deemed by Operator to be ;sufficient to protect Operator and Owner froo claims for damages for bodily inju ry, including Wrongful death, as well as from claim:. for property damages which may arise from the ownership, use or maintenance of owned >r non -owned motor vehicles which are used in connection with Operator's operations under this lease but in no event less than the following minimum amounts: Bodily Injury t1,000,000 each person $2,000.000 each accident Property pam.igrs 91,000,000 each accident (c) All of the above described insurance policies shall be issued by an insurance company acceptable to Owner and shall contain an endorsement na►sing Owner as a ca-insured and shall contain s provision that the insurance companies will have no right of recovery or subrogation against Owner, it being the inten- tion of the parties that such insurance shall protect Operator and Owner and shalt serve as the primary source of funds for the payment of losses covered by the above described insurance. (d) Owner reserves the right to require an increase in the aforementioned insurance limits at any time should said limits, :n the judgment of Owner, be lower than those needed to protect against the risk of loss of buiidings or int- provements or losses due to personal injury or dr3th or property damage resulting from Operator's operations upon the demistd premises. Operator shall, upon the request of Owner, cause such limits to be adjusted accordingly. (el Operator shall furnish Owner Certification of Insurance evidencing such coverage and containing a statement that such insuranre shall not be materi- ally cha ed or cancelled withoat Lt least thirty (30) days written notice to Owner. AkTICLL 20. QUITCLAIMS AND FASF.MENIS (1) Quitclaims. Whenever any Inud .,r zone in, on or n„••r all or any part of the lands det:rrihed in Article I h,_rrnf sh1,11 cease br h►lb;err to this lease, Operator - 30- 0 0 7 P! ,r. t,iy shall duly ..r..l l,totl:ptly ckecutrr, ailtu.,wl:,ll•..' and deliver- to O,.'uer a good, suf- fitieut ar.J reeordahle q.aitclaiM .f..n covcrin+? ail. ril•taCs of Op• u.itor in or to Such lan,l::, or zr.a,.•. (2) Retnined EarVim rnIs and RiI-,ht9 of Woy, QI k'Yacncver nny part of the lands &-scribed in Article I hcrvof sl,all cease to be subject to this Irnre ley starrandcr, ]zpee of time, terwina.ion or otherwise �-i W while other lands r,,m7iin sut.-ject tv this lease. Operator shall have, to the extent a] that Cwtirr has t11r' right to grant same, such easements and rights of way for roads, r6at,-r, oil :,od other pip —linos :and trlcphone, telegraph and electric power lines :and Caller facilities which ate lrocal,,l cIn the lands Sp ceasing to be subject to this lease as :are rea.ona+•ly required for the op. -ration of Operator hereunder an the lands remaining subjvice hereto. Sucl, easements and rights of way shall be effective for so long as such facilities are to required for the operations of Gperstur hereunder. ARTICLE 21. RIGHTS OF OWNER TO COMICT OIL AND GAL OPERATIONS Kotwithstonding any otl.er provision of this lease, Omer may at ai.y time and from time to rime l;a upon any lands then remaining subject to this lease and explore and drill for hydrocarbons and produce, extract and take hydrocarbons therefrom; provided (a) that such operations shall not interfere with any opera- tion which is beinb or may be conducted by Operator on said lands pursuant to this lease, and (b) that Amer shall not produce, extract or take Lny hydrocarbons from lands then remaining ::abject to this lease from any zone from which hydrocarbons are being produced by Operator or froaa which Operator has the right to secure production undo .the terws. et this loase except from any landr, as to which Operator's rights in sucl, zone shall i.ave bc-cn terminated by surrender or other- wise as in this agrcrs.:. nt provi.1,-d. ARTICI+ 22. 11111.. OF O NEH Dy execution u( this Al,recn,, n[, (h,-ner agrees that it will, upau rcrtuest , make available to Oper.raor at [arer':: approprinto office of record all documents within its pessessioss which may he used to verify owacr's title to the demised premises. Operator ra:,ll hav,- ninety (90) Jay;: thereafter within which to nut:ify -•� Owner of alleged titi,• d<rfiei.cuc;.-:: wltieL raicll t,.> timely and equitably resolved by au.tu.tl ah•recm:nt. Flom nod after r.urli rverulutiun or the ninety (90) day ->x 0 prriu,;, whichever first orcuts, OF.craiu[ accept!: as a:•i.::factccy to ttr.�:t llu: title of Owner to the dentim:J prt•:.iscs "nJ ar,rcvs ta) ,hat Cwi.YI Ml.iil nt:t he liable or responsihle to Operator in damagvs or otherwise by reason of .rtty 110r-Ct,% in or liens or eneuotbrancrs can Owner's title or any want of tit1v in Ihanrk to the demised premises, or any portion thereof, or to any hydrocarbon. therein r.M;4;iined or found or prndured rhert vri or rakesk therefrom anti (b) that in the event ill [he V4 assertion by others, of ally claim against Owner on account of Elie exttacLion t:r rl W removal of hydrocarhons frog the demised premises by Operator, Operator will Vj defend anJ indemnify and save and hold Owner harmless from all such claims excv A such portion thereof as reps s.nrs Owner's royalty; }provided that upon r• cv iving notice tl.Urcof, O•sntr shall notify Operator with reasonable promprncss of thv filing of any action or suit for the assertion of any such claim and shall allow Operator to have it:, attorney-. appear therein, each party paying the expenses of its own attorneys. Operator shall promptly notify Owner in writing of any judicial proceed- ings brought to the attntion of the Operator and affecting or purporting to affect, Operator's possession of rights hereunder. AMCi.E 23. NOTICFS Any notice or deo•.and by either party to the other in connection with this lease shall be deLmed to have been fully given or made when written and deposic•d in a sealed envelope ir. the United States ma?l, registered or certified and postage prepsid, and addressed as follows: To the Owner: P. O. Box 185E billings, Fontana 59103 To the Operator: Suite 800 - petroleum Building 110 - 16th Strect Denver, Colorado 90232 Either pr.rty may c:tange its address by riving the other party written notice of its new address. AiC!'ICLE 2-.. 'I'1.1talNATIoN In the event of any breach of any .rof the covcnanr-. or provisions of this least , Owner shall have the following rights and rvn,cdit•s provided that in ex- ercising snore Owner shall not waive or otbarwise b. precluded [rote exercising any other riF;hta or rrmcdies at law or in equity, which it may have for the breach of any such coven:.nts or pruvisir,ns: 32 - j l 0 0 O La V-4 W4 r N IM (1) Failure to Drill ltior to lliscav%�.ry or lay IScotal. If OPeratur shall fail to perform the kvquirt�n;vnta u( St; ctioos S1), (2) or (3) of Article 4 hereof at the times and in the manner therein provided, then this lease Ahall automatically terminate uithnut any notice whatsoever to Operator. (2) Failure to Drill Other wells. If Operator shall :ail to perform the requirements of section (4), (5) or (b) of Article 4 hereof at the times and in the manner thrrein provided and if such failure shall continue for a period of thirty (30) days after written notice thereof given by Owner to Operator, then this lease shall automatically terminate without further notice to Operator or other action by Owner, subject, however, to the provisions of Section (4) of this Article 24. (3) Failure to Pay Royalties or Perform Other Covenants. If Operator shall fail to deliver or pay the Owner's royalty share at the times and in the manner hereinabove provided, or shall fail to keep, perform and observe the covenants. requirements and provision of this lease other than those specifically mentioned in Sections (1) and (2) of this Article 24, and if such failure shall continue for a period of thirty (30) days after written notice thereof given by owner to Operator, then Owner may, at its option, terminate this lease by further written notice to Operator, but any such termination for any default other than failure to deliver or pay the Owner's roynity share shall be subject to the provisions of Section (4) of this Article 24. (4) Limitations upon Termination. The termination of this lease pursua.t to Sections (2) or (3) of this Article 24 for any de•oult other than failure to deliver or pay Owner's royalty share as provided in this lease shall not apply to any Well tract nn which is located a well producing hydrocarbons in raying quantities or an which there is a well then in the course of being drilled or in which repairing, cleaning, re - drilling, deepening, recompletion or other operations are then being carried on, and each such weal tract shall remain subject to this lease so long as Operator pays the royalty herein specified and such well continues to produce hydrocarbons in pa)ing quantities or drilling, repairing, cleaning, redrilling, deepening, reconpletion or other operations thereon continue, ar on which Operator has the right of recompletion as provided in Section (6) of Article 4 ]sereof. - 33 - 0 0 rA W ei 14 ti OD M0 ICI.E 75. POULING AND PN1TIZA+.ON ( i.) Suba-,ct to to rn;b and coedit ions expressed ant iir, ' .r in this Icnse. Operator, at its op[ion, is hereby given the right and power at any time and from time to time as a recurring right, tither before or after production, as to any part of the land described lie -rein and as to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land, lease or leases in the immediate vicinity for the production of oil and gas. or separately for the production of either, when in Operator's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas, may be reformed to exclude such non -producing formations. The forming or reforming of any unit shall be accomplished by Operator executing and filing for record a declaration of such unitization or reformation, which declaration shall de -tribe the unit. Any unit may include land upuu which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Such povling shall be limited to a unit or units not exceeding in area the acreage prescribed or required in any Federal or State law, order, rule or regulation for the drilling or operation of one well, or for obtaining the maximum allowable production from one well, or 40 acres each for the production of oil, or 640 acres each for the production of gas, whichever is larger. In lieu of the royalties elsewhere herein specified, Owner shall receive on production from a unit to pooled only such portion of the royalty stipulated herein as the amount of its acreage placed in the unit or its royalty interest therein on an acreage basis tears to the total acreage C5 pooled in the particular unit in...ived. With Owner's prior written approval, which will not be unreasona'ly with- held, Operator will have the right to commit the demised premises or any portion thereof, to a Federal Unit, ma that term is defined in Section (11) of Article 28. (2) Notwithstandi.-g anything to the contrary herein contained, it is understood and agreed that in the event during the primary term a portion or portions of the demised premises covered by this lease are, pooled either in accordance with Section (3) of Article G or by the creation of a unit or Federal - 34 - Unit as ;-ithcr ICItit i.. d,fitit; d in Srcti-Ili ( 1 1 ) of Article 26, than operativt.s an or µroductiou frotr. a well situated o, lonti.; in such unit or Federal Unit, sball serve to cwintain this lease in full fan a as to that portion of the demised premises Cobrneed in xuch unit nr FL4"Jt•ral trait. 111e rrMainder of the denti:ed premises not includrd in a unit or Fudernl Puit shall he treated as a separate } leave, subject to the to rr;s and ron(l it iunt of tt.iti kWcL&ML'11t ARTIM 711. ASS I(JMVhL'1'; r4 This lease and each and all of iLs covrt+:utits, provisions, and conditions !-1 r-1 Qj shall be binding upon and shall inure to the henefit of the successors and assigns of the respective parties hereto. Rcither this lease nor any right or interest created hereby nor any right herein to any part of Lhe hydrocarbons in the demised Premises nor any right to participate in the profits of the operations of Operator hereunder or in the proceeds of the hydrocarbons produced from the demised premises or any part thereof shall at any time be transferred, assigned or other- wise conveyed or encumbered by or frota Operator voluntarily without the prior written consent of Vwner, such consent shall nor be unreasonably withheld; except that, without the consent of Owner, Operator may assign all of its rights and interest in and to all the demised premises under this lease to a corporation succeeding to all of Operator's business and properties upon sale thereof or upon a merger or consolidation of Operator, but Owner shall not be required to recognise any such assignment or conveyarce until an executed counterpart or certified copy of such Document shall be del i.cred to Owner. Any assigrtzent, transfer or conveyance in violation of this Article shall at the option of Owner be void. ARTICLE 27. OWNER'S PARTICIPATING IN GAS K.ANTS, Cor,•pRESSiON STATIONS AND PIPELINES to the event Operator build: or joins in building a gzs plant, compressor station. and/or a pipeline which serves the oil and/or gas production from any or all of the demised premises, Owner :iinll l.v y,iven the option to participate: in these projects in any amount up to +ntd including fifty percent 1507.) of Operator's interest in such project. The forel.oing optiOL& can be exercised with regard to any above -stated project fc;;ardlesa of the source of the hydrocarbon -:edicated to such a facility provided, however, thnt such facility would process some hydro- carbon attributable to the demised premises. The opting Operator herein grants Owner must be rxcrcised by Ovntr within sixty (60) days after receipt of written notice from CiptL.,Lor of it, inien0 to build or join in the building of such - 35 - ____ M 0 facility and receipt of the final feauiLility study Justifying the eonstruction of such facility. AATICIX 28. DEF'INMONS Wherever used in this lease the following terms shall have (unless otherwise expressly indicated) the meanings defined as follows, respectively: (1) Barrel. CO NA quantity equal to forty-two (42) United States gallons. rl t'1 (2) Continuous Operation (When used with reference to the operation of a string 00 of tools.) Such operation that the interval between the cessation of drilling and any reasonable necessary testing of one well and the commencement of drilling of another well $ball not be not more the. one (1) year. (3) Demised Premises. Su•-i portion or portions of the land described in Article 1 hereof as a'- all remain and be subject to this lease at any particular time. (6) Dry Gas. Natural petroleum gas which does not contain gasoline or other lique- fiable hydrocarbons that can be extracted therefrom in paying quantities, and which is not produced concu'rently with the production in the same well of paying quantities of any hydrocarbon that is a liquid at ordinary surface temperature and pressure. (5) Gasoline and Other Content. "Gasoline" shall mean what is known in the oil industry as "natural gasoline", recovered from what is similarly known as "casinghead" or "wet" gas (produced in coni-nction with the production of crude oil); and "other content" shall mean liquefiable substances such a■ petroleum gas butanes, uormsl butane, iaobutane, propane, and other substances recoverable from gas by any separation process or processes. (6) Hydrocarbon. Oil, gas, condensate, caainghead gas and related hydrocarbons, and in- cluding sulfur. (7) Market price (When used with reference to any substance produced from the demised premises). The market value in the field where produced on the day such substance is run to pipe,'ne or from storage tatiiks or otherwise removed from the demised -36•- prcillises, excrpt ii such substance is treated ur mant+factutt-I it: n 7ta:it, whether located in the field 4hete produced or elsewhere, then the ciarket value of such substance shall be determined as of the day it is so treated or manufactured in such plant. W (8) Paying Quantities. (tuantities deemed by Operator to be paying quantities. �f q4 (9) Well Tract. "f QD A tract as set forth in paragraphs (a) and (b) below, surrounding each well which has been or may be drilled, completed or recompleted under the terms of this lease, unless a different apacing rule is prescribed by State or Federal authority having jurisdiction: (a) For each well which has been or may be drilled or recompleted in a zone all or part of which zone is located at a depth of six thousand (6,000) feet or less from the surface: if such well shall be an oil well, the approximately forty (40) acre legal subdivision or government tot upon which the well is or may be Situated (if the tract on which the well is or may be situated in substantially less than forty (40) acres, then the said well tract shall consist of said sub- division or government lot and the adjoining government lot or sufficient adjoining land to comprise a total of approximately forty (40) acres or, if such well shall be a gas well, the Half (1/2) Section designated by Operator upon which the well is or may be situated; (b) For each well which has been or may be drilled or recompleted in a zone all of which zone is lo..ated below a depth of six thousand (6,000) feet from the surface: if such well shall be an oil well, the legal Adivision or govern— ment lot upon which the well is or may be situated and the adjoining legal sub— division or government lot designated by Operator so that said well tract shall consist of approximately eighty (80) acres, or, if such well shall be a gas well., the section of approximately six hundred forty (640) acres upon which the well is or may be situated. .(10) Zone. A stratigraphic interval of general lithologic similarity within a geologic formation. (11) Unit and Federal Unit. A unit shall mean a bounded area formed for the purpose of producing oil and gas, which may be described by, but not limited to the following terms: spacing unit or production unit. This area may contain one or more leases which W have been merged together, either voluntarily or by the result of action by any Qduly authorized authority having jurisdiction, to function as if a single entity iD r'f for the drilling of and production from a single well. K V The size and shape of the unit is to be determined by special field rules granted by the governmental regulatory body having jurisdiction or, in the absence of special field rules, by the general statewide rules and regulations and rules } of practice and procedure which relate to oil and gas, or, in the absence of such I regulations or rules, 40 acres each for the production of oil, or 640 acres each for the production of gas, whichever is larger. A Federal Unit shall mean a bounded area formed for the purpose of pro- ducing oil and gas, the formation of which shall require the approval of the United States Secretary of the Interior, or his representative to whom such authority has been delegated. ARTICLE 29. TIME — ESSENCE Time is of the essence in this lease. ATTEST: BURLINGTON NORTHERN RAILROAD COMPANY By -c Assistant Secretary Vice President ATTEST: kL Assistant Sea:retary VOYAGER PETROLEUMSh INC, }JY William Falconer President My Com@dasion Expires: March 9, 1985 9i✓OV 17 RSCD F CASHSL PARTIAL A5e10lQl M OF OIL AMID US IMI S M10H ALL IQx IT TRM PRESEUS S will • ;; a 24400 *�24.00 11 ' ThatSthe mdereigned, VOUCRR PRTRO%><M, INC., SOO ft""a" Bonding, Dumper, Colorado 502D2, hereinafter referred to as "Assigssr', for and in consideration of Tee and oa/100 ($10.00) cash in head paid and other Rood and valuable consideration, the receipt and sefficienay of %bich is acknowledged, does hereby grant, bargeia, sell, trsasfsr, coal, assign and set over unto TEMS GAS Zgn" lIOw CO22mTrwo 41O Seventeenth Street; Suite 340, Heaver, Colorado 002O2, hereinafter referred to as 'Assignee', an undivided one-siatb (Ilath) of Assignorts present ddaposee`b,itl� terest scartaiaoiland gssesdscribedinn fthiituAwh� Sttached hereto and by this reference made a pert hereof. TO PANE AND TO HOLD unto Assignes, its successor@ and ensigns, forever, subject to the followings a. This Partial Assignment of Oil and Gas Leases is wade without warranty of title, either expressed or implied. b. This fartial Assignment of Oil and Gas Leases is further made subject to the terms and condition of that certain EYPloratian,: Agreement dated June 15, 1983, by and between Assignor sad Assignee. EU=SD this 71 dsy of June, 1983, but effective June 13, HSI,r; - ATrMs VOU R PB'Pi<IOLEM. came;'. 1 SDW -�A —Ve4 cre *&surer willlais A. Falconer, President J STATE OF 0OLORAD0 es. C0ONTT OF UWER 8L 62?2s foregoing instrument was acknowledged before n on this day of June, 1983, by WILLIAM A. FALCONER, to President of VOiAGEA PETEOEZUHS, INC., a Colorado Corporation on behalf of said corporation. WITNESS my hand and official seal. V - ev /0- 1 �� ,") 5. L. Pacheco - Notary Public 110-16th Street, #800 Denver, Colorado 80202 FILED for Record at Request of STATE OF MASH I NGTOM COUNTIES OF PIERCE AND ICING i 0/111*0 #0748 E PARTIAL ASSIGNMENT OF OIL AND GAS LEASE 23.00 **025.00 CASHSL55 KNOW ALL MEN BY THESE PRESENTS: THAT, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, L. B. PETROLEUM. INC., a Colorado corporation, hereinafter called "Assignor", does hereby assign an undivided 22.50% of 8/8thS of Assignor's right, title and interest to the following named individuals, hereinafter collectively referred to as "Assignee', in the proportions set out by each name below, in and to the following oil and gas lease(s) covering lands situated in Pierce and King Counties, State of Washington. as described on Exhibit "A", attached hereto and made a part hereof. Larry Barnes An undivided 10.00% of 8/8ths B.P.T. Partnership An undivided 12.SQS of 8/8ths Subject to the following terms. covenants and conditions: 1) Each interest assigned herein is subject to and shall bear its. proportionate share of the overriding royalty by which each lease is burdened as listed on said Exhibit W. 2) This assignment is hereby wade subject to that certain Exploration Agreement between the parties hereto dated the 14th of June, 1985, covering the lands as described in said Exhibit 'A'. 3) In the event that the Assignee should elect to surrender, abandon or release all or any of his rights in said lease acreage, or any part thereof, the Assignee shall notify the Assignor not less than thirty (30) days in advance of such surrender, abandonment or release and, if requested so to do by the Assignor, the Assignee immediately shall reassign such rights in said lease acreage, or such part thereof, to the Assignor. 4) This assignment is made subject to all the terms and the express and implied covenants and conditions of said leases. to the extent of the rights hereby assigned, which terms, covenants and conditions to the Assignee herehy assumes and agrees to perform with respect to the lands covered hereby. Said terms, covenants and conditions, insofar as the said lease acreage is concerned, shall be binding on the Assignee, not only in favor of the lessors and their heirs, successors and assigns, but also in favor of the Assignor and its successors and assigns. 5) This assignment is made without warranty of any kind. 5) All notices. reports and other communications required or permitted hereunder, or desired to be given with respect to the rights or interests herein assigned or reserved, shall be deemed to have been properly given or delivered when delivered personally or when sent by certified nail or telegraph. with all postage or charges fully prepaid, and addressed to the Assignor and Assignee, respectively, as follows: Assignor: l B. Petroleum, Inc. t 17th Street. Suite 3260 r .ver, CO 80202 _ n Assignee: La. ry Barnes '�" K P.Q. Box 2797 �' w C Boise. Idaho 83701 { s B.P.T. Partnership _ t Co. n 370 17th Street, quite 3200 Denver. CO 80202 0 11 0 f 11 The terms. covenants and conditions hereof shall be binding upon, and shall inure to the benefit of, the Assignor and the Assignee and their respective heirs, successors or assigns; and such terms, covenants and conditions shall be covenants running with the lands herein described and the tease acreage herein C assigned and with each transfer or assignment of said land or lease acreage. TV HAVE AND TO HOLD said lease acreage unto the Assignee, their heirs, successors and assigns. subject to the terms. covenants and conditions hereinabove set forth. f) EXECUTED, this IAth day of June, 1985. co ATTEST: By a d s an ecr ry STATE OF COLORADO ) couNTr of DELAYER } ss. L. B. PETROLEUM, INC. By ns a e �re en On this kith day of June, 1985, before me the unders`.,.ied. a Notary Public In and for said County, personally came }tans Patel, to me personally known to be the Presiderrt and the identical person whose name is affixed to the above ' •instrument, and acknowledged the execution thereof to be his voluntary act and deed as,su6�_afficer and the voluntary act and deed of L. B. PETROLEUM, INC., and that t1fe-rate seal of L. B, PETROLEUM, INC, was thereto affixed by its . authority.. ' ' rI, k�Q my -hand and notarial seal the day and year last above written. 20 Gordplssinkr Expi res: Notary . +• Dlic ••..._......'� ;' Connie R. Montoya Cr C., 370 17th Street, Suite 3200 Denver. Colorado 80202 LEAU Na LESSOR 16113 Burlington Northern Railroad Company 16114 Burlington Northern Railroad CaRpany 8511130748 LEASE S C 14 E D U L E Page Five of Sevmteen STATE OF w COUNTY OF LEASE DATE GaOSS NET RECORDED ITERNI DESCRI►T ON ACRES ACRES I= ►AGE % oRRI 3- 1-81 Township 21 IOorth Range 6 East N.M. 3,276.52 3.276.52 i i7.5 LOR ( 5} C. r . 611 1602 ( 3- 1-81 { 5} Sec. 2: All frl. Sec. 3: Lots I,2,3,4,5.6.7, SiNE4. SE* Sec. 9: Lot 1, W Ei, NW4NE4, N}NK, SE4NW4, S} Sec. 11: All, less 2.00 ac. BN R/W Sec. 33: N}NE4, SEiKi, NE4NWi Sac. 35: NW4SEi Townshi 23 North Range 5 East W.M. c. Sec. 15: SW0 4 Sec. 21: Lots 4,6, SW4NE4. NWiNWi, SJRWi, SWi, W}SEi, less 10.54 ac R/W and less 6.09 ac. Sec. 25: All, less 54.42 ac. Sec. 27: All, less 8.91 ac, power line Sec, 29: SE4SW4, power line across NEi 200' tract in NW} corner of SE4NWi Sec. 33: Power Line R/W across the E}W SEJNE4. NW3NW4 Sec. 35: NJ less 4.5 ac utility R/Ws (Township 23 North. Woe 6 East. W.M. Sec. 17: SiNE;, N}N14 -SE#NWJ- Ste, SWi5W4NW4SWi, N}SEi. SE4SE4 Sec. 27: EWO, NW}NE4 3,282.75 f 3,282.75 c# 811 16024 17.5 LOP 99-1000-040-01 WA-06696 RELEASE OF OIL AND GAS LEASE El'sCu ti. : DAY 96/ 10/ 13 #0956 E STATE OF WASHINGTON 1 RECa F 5.00 1 CRSifSL *w*+5.00 COUNTY OF KING i ss. OCT '1 ;t Lo to iss 11 BYTt:i 1 li KNOW ALL MEN BY THESE PRESENTS: fhi:''thi Undersigned for a good and valid Consideration does hereby release. relinquish, quit -clams and surrender to the Lessor, BURLIN6TON NORTHERN RAILROAD COMPANY, it heirs, assigns and legal representatives, all right, title and interest, including the release and weiver of the right of homestead. in and to that certain all and gas mining lease, made and entered into by and between BURLINGTON NORTHERN RAILROAD COMPANY. as Lessor. and VOYAGER PETROLEUMS, INC., as original Lessee, dated the 1st day of March. 1901, insofar as same covers the following described lands, to -wit: King County. Washington H Township23 North Range 5 East Section 11.1 All Section 15: SW/A!',E,'4 Section 2.. Lots 4. 6, SN/49E/4. NW/4HW/4, S/29W/4sw/4, 1025E/4, less 10.54 ac. RIN and less 5.09 ac. Section 25: All, less 54.42 ac. Section 27: All. less 8.91 ac. power line R/W Section 29: SE/4SW/4, power line across HE/i, 2OD' tract in NW/4 corner of SE/4NN/4 Section 33: Power 1'ne RN across the E/2N/2, SE/44E/4. NN/4NW/4 Section 35: N/2 less 4.5 ac. utility R/W Township 23 North RAW 6 East Section , , SE/4NW/4, S/2SN/4, • SW/4SY/W4SW/4, 11/2SE/4, SE/4SE/4 Section 27. E/2NW/4, NW/4NE/4 containing 3,282.75 acres, more or less, in King and Pierce Counties, Washington, said lease being recorded in the office of the Recorder of Deeds In and for said COcnties of King and Pierce, and State of Washington, Recording Document No. 8111160296. IT 1S HEREBY EXPRESSLY UNDERSTOOD AND AGREED, that this Release of Oil and Gas Lease is being executed in counterpart signature pages and that this Release may be executed in any number of counterparts, no one of which needs to be executed by all parties, and shall be binding upon all parties who have executed such a counterpart, with the same force and effect as if all parties !'nd signEd the same document. WEREAS. the foregoing Release of Oil and Gas Lease is effective as of the 1st day of March, 1986. EXECUTED AND ACKNOWLEDGED by Lessees as of the date stated below and on the attached signature pages attached to and made a part hereof. TEXAS GAS EXP4RATIOI C�tPORATION DATE: 7zaLL BY: _ Gary D He71, V.P. western Regi Address: 410 Seventeenth Street, Suite} Denver. Colorado 80202 ACKMMEDGEPW STATE OF I $s. Wore fe, the undersigne4, a WM Public in and for said County and State. Personally appeam known to" to be the k o GAS EXPLOMTION 60RPOnAT11fA, a ac¢avr o a eeacu far d Useegoiry and attached instrumt on behalf w TEXAS GAS EXPLORATIJN CORPOUTION for the asef and purposes vit forth therein. film" NY NAND AND SEAT. OF OFFICE on this the .29 day of �1966. idr ssi yERpirtS: � Artdrer!!7'L T, , 400 'r'-Or WA 06696 �IFC:e..a ..4, 90Al RELEASE OF OIL AND GAS LEASE (kT 1' '65 STATE OF W MINGTON W10/13 F. SS. BYii si .F W-CD F 11.00 COUNTY OF KING F�i'c'Ki' Y. �y: CASHS _ *11.00 KNOW ALL HEN BY THESE PRESENTS: That the undersigned for a good and valid consideration does hereby release, relinquish, quit -claim and surrender to the Lessor. BURLINGTON NORTHERN RAILROAD COMPANY, it heirs, 1.-3 assigns and legal representatives, all right, titles and interest, M including the release and waiver of the right of homestead, in and to that certain oil and gas mining tease, made and entered into by and T1 between MINGTOKL NORTHERN RAILROAD COMPANY, as Lessor, and VOYAGER 0 PETROLEUMS, INC., as original Lessee, dated the 1st day of March, 1981, `•1 insofar as sane covers the following described lands, to -wit: King County, Washington Township 23 North Range 5 East 'Section 11: All Section 15: SW/4NE/4 S,:ction 21: Lots 4, 6, SW/4NE/4, NW/40/4, S/2NW/45W/4, W/25E/4, less 10.54 ac. R/W and less 6.09 ac. Section 25: All, Tess 54.42 ac. Section 27: All. less 8.91 ac. power line R/W Section 29: SE/4SW/4, power line across NE/4. 200' tract in NWA corner of SE/4NW/4 Section 33: Power line R/W across the E/2H/2. SE/4NE/4, i4W/4NW/4 Section 35: N/2 less 4.5 ac. utility R/W Townshi 23 North Range 6 East ec on , E/4NW/4, S12SW/4, SW/4SW/4NW/4SW/4, N/2SE/4, SE/4SE/4 Section 27: E/2NW/4, NW/4NE/4 containing 3,282.75 acres, more or less. in King and Pierce Counties, Washington, said lease being recorded in the office of the Recorder of Deeds in and for said Counties of King and Pierce, and State of Washington, Recording Document No. 8111160296. IT IS HEREBY EXPRESSLY UNDERSTOOD AND AGREED_ that this Release of Oil and Gas Lease is being executed in counterpart signature pages and that this Release may be executed in any number of counterparts. no one .0 ch needs to be executed by all parties, and shall be binding upon all parties who have executed such a counterpart, with the same force and effect as if all parties had signed the same document. WHEREAS, the foregoing Release of Oil and Gas Lease is effective as of the 1•:ti day of March, 1986. EXECUTED AND ACKNOWLEDGED by Lessees as of the date stater' below and on the attached signature pages attached to and made a part hereof. DATE i d latent becretgry L.R. P BY: I -� Hams PdTe-r—?yEyj7&M-t ' Address: 3/0-17th St., Suite f3200 Denver, Colorado &3202 COOK ENERGY CORPORATION BY: Address: 370-17th St., Suite l4270 Denver. Colorado 80202 41 I . ~ WA 06696 j , t _ I RELEASE OF OIL AND GAS LEASE Ij EI STATE OF WASHINGTON � ss. ` COUNTY OF KING KNOW ALL MEN BY THESE PRESENTS: That the undersigned for a good and valid consideration does hereby release, relinquish, quit -claim and i surrender to the Lessor, BURLINGTON NORTHERN RAILROAD) COMPANY, it heirs. i assigns and legal representatives, all right. title and interest. including the release and waiver of the right of homestead, in and to that certain oil and gas mining lease, made and entered into by and 4 between BURLINGTON NORTHERN RAILROAD COMPANY, as Lessor, and VOYAGER PETROLEUMS, INC., as original Lessee, dated the ist day of March, 1981, insofar as same covers the following described lands, to -*it: King County, Washington 'i Townshi P3 North Range 5 East On : Section 15: SW/4NE/4 Section 21: Lots 4, 6, SW4NE/4, NW/4NW/4, S/2NW/4SW/4, W/2SE/4. less 10.54 ac. R/W and less 6 09 0,:. Section 25: All, less 54.4E ac. Section 27: All. less 8.91 ac. power line R/W Section 29: SE/45W/4, power line across NE/4, 200' tract in NW/4 corner of SE/4NW/4 Section 33: Power line R/W across the E/2W/2. SE/4NE/4, NW/4nrl/4 j Section 35: N/2 less 4.5 ac, utility R/W Townshi 23 North Ran e 6 East Sect on � ZKN/45E/4NW/4, 5/2SW/4, SW/4SW/4MW/4SW/4, N/2SE/4, SE/4SE/4 Section 27: E/2NN/4. NW/4NE/4 containing 3,282.75 acres, more or less, in King and Pierce Counties. Washington, said lease being recorded in the office of the Recorder of Deeds in and for said Counties of Icing and Pierce, and State of Washington, Recording Document No. 8111160296. IT IS HEREBY EXPRESSLY UNDERSTOOD AND AGREED, that this Release of Oil and Gas Lease is being executed in counterpart signature: pages and that this Release may be executed in any number of counterparts, no one ' ..hich ne-ds to be executed by all parties, and shall be binding upon all parties who have executed such a counterpart, with the same force and effect as if all parties had signed tha same document. WHEREAS, the foregoing Releasa of Oil and Gas Lease is effective as of the 1st day „f March, 1986. EXEL.UTED AND ACKNOWLEDGED by Lessees as of the date stated below and on the attached signature pages attached to and made a part hereof. r� L.B. PETROLEUM, INC. DATE: BY: ~ Address: 370-17th St., Suite 13200 Denver, Colorado 80202 C00K DATE:-f BY: / Address: 370-17th St.. Suite i4270 Denver, Colorado 80202 DATE; 9 LEAR PETROLEUM EXPLORATION. INC. BY: Address: 5990 S. Syracuse Street Suite #11O Englewood, Colorado 80111 LARRY BAR 5 DATE: - Addres P. 0. Box 2797 Boise, Idaho 8;37O1 NORTH CENTRAL OIL CORPORA710M DATE- By, Address: 6001 Savor, Suite 0600 Houston, Texas 77019 B.P.T. PA DATE. BY: Hans Pat , artner ' Address: 310-17th St., Suite 63200 Denver, Colorado 80202 DATE: PHIBRO OIL 6 GAS CORPORATION BY: Address: 2727 Allen Parkway Suite 670 Houston, Texas 77019 ACKNOWLEDGEMENT WA 06696 STATE OF Colorado I I ss. COUNTY OF Denver I Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bans Pat ident known to me to be the President o - INC., and acknuwledged o me that e execu e e foregoing and attached instrument on behalf of L.B. PETROLEUM, INC. for the uses and purposes set forth therein.,/ UNDER MY HAND AND SEAL da OF OFFICE n this the y ,r' 1986. ilf mal A I?' ission Expires: Lt JCc.c ;%Ycli ``'1989 L. Pacheco Notary Public 1 Address: 310-17th Street,3200 i7en►•er, Colorado 30202 W j LEAR PETROLEUM EXPLORATION, INC. DAATE • BY: Address: SM S. Syracuse Street Suite t110 Englewood, Colorado 80111 k i LARRY BARNES t . DATE: BY: Address: P. 0. Box 2797 Boise, Idaho 83701 L� 6ATE:1Lv/� l9�fo -- t�•1 DATE: NORTHWT RPORATION BY: Address: 6001 Savoy, Suite f600 Houston, Texas 7700-2 Tics PBssIORKT S.P.T. PARTRERSHIP BY: Address: 370-.17th St., Suite /3200 Denver, Colorado 80202 P81BRO OIL & GAS CORPORATION DATE: BY: Address: 2727 Allen Parkway Suite 670 }. Houston, Texas 77019 i ACXNOWLEDGE"T WA 06696 STATE OF I I ss. COUNTY OF I Before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the oL.H. PEIROLEUM, INC., and acknowledged o me that he executeexecuteH the for#W ng and attached instrument on behalf of L.B. PETPILEUM. INC. for the uses and purposes. set forth therein. GIVEN UNDER MY NAND AND SEAL OF OFFICE on this the day of 1986. My Commission Expires- _ Notary PuW c Address: A, is 9 DATE: LEAR PETROLEUM EXPLORATION, INC. BY: Address: SM S. Syracuse Street Suitt #110 Englewood, Colorado 80111 LARRY BARBS DATE: BY: Address: P. 0. Box 2797 Boise, Idaho 83701 49ATE: :-f DATE: DATE: NORTH CENTRAL OIL CORPORATION BY: Address: 6001 Savoy. Suits #600 Houston, Texas 77019 B.P.T. PARTNERSHIP BY: Address: WC-17th St.. Suite 03200 Denver, Colorado SU02 L CORPORATI BY: ` Addr s• 2 lU Parl t 0 Houston, Texas 77019 ACKNOWLEDGEMENT WA 06691 STATE OF X Y SS. COUNTY OF, Z Before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the o + INC., and acknowledged o me at executeda oregoing and attached instrument " behalf of L.B. PETROLEUM, INC. for the uses W purposes set forth therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 1986. My Comission Expire!: Notary Public Address: r, 0 ACKNOWLEOGEMENT STATE OF A � ss. COUNTY OF Y WA06696 Before Are, the undersigned, a Not ry P blic in and For said County and State, personally appeared o known to me to be the CORPORATION. and acknowl ge a e o execu foregoing and att#CW instrument on behalf of COOK ENERGY CORPORATION for the uses and ptirp .$". set fortis therein. 11_;IYEN' IDEA My HAND AND SEAL lOF 986OFFICE on this the " i� day ott GY I(yiis><tpir Expires: _ ' NA" htW safe or tWM Ari� Notary Public 1...�.a..,.,.."M Address: ACKNOWLEDGEMENT STATE OF I I ss. COUNTY OF T Before w, the undersigned, r. Notary Public in and for said County and State, personally appeared } known to me to be the o EXPLORATION. INC., and acR—nowledged to me tHat he executed the foregoing and attached instrument on behalf of LEAR PETROLEUM EXPLORATION, INC. for the uses and purposes set forth therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _ day of , 1986. My Commission Expires: Notary Public Address: ACKNOWLEDGEMENT STATE OF ivloralo I ss. COUNTY OF Denier I Before me, the undersigned, a Notary Public in and for said County and State, personally appeared LARRY BARNES, kiwwn to me to be the individual who executed the foregoing and attached instrument for the use n purposes set forth therein. WN UNDER MY HAND AND SEAL OF OFFICE on this the ,Pza�! day po. `'' 198 /5. r . 01#{ *Oyltommusion Expires: LclCt L h. r a % S. L. Pacheco larch 9,loaq_ Notary Public Address: 370-17th Street, 03200 Diener, Colorado 80202 1 9 0 WA 06696 ACKN011LEDGEMENT STATE OF I COUNTY OF I Before me, too undersigned, a Notary Publ c in and for said County and State, personally appeared known to me to be the or OIL CORPORATION, and a ow o lae a e executed of and attached instruwaerlt on behalf of NORTH CENTRAL OILT the uses and purposes set forth therein. i k GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the r da of 1986. ,. My Commission Expires: g Notary Public eneccxr_ Address: mm., FAk N 8'h W A" ofuy ACKNtN EDGEMENT STATE OF Co I ss. COUNTY OF_ ilem+er — I Before ■e, the undersigned, a Rotary Public in and for said County ri and State, personally appeared known to me to be the ° ' PARTNERSHIP, and acknowled o me a a execu a oregoing and O attached instrumt on behalf of B.P.T. PARTNERSHIP for the uses and .� purposes.set forth therein. day GxlL4i R M HAND AND SEAL OF OFFICE on this the �I iksion Expires: S. Notary Public ;�,•.•0 Address: 370-17th Street, 03200 fn K ny Denver, Colorado 80202 ACKNOWEDGEMENT I STATE OF I I ss. COUNTY OF I Before me. the undersigned, a No —pry 11y in and for said County and State, personally appear s-�t� 'IOC knovm t0 Ale to be the - afts CDRpMATION, and acknowledged T►i me IRrTe executed the foregoing and attached instrument on behalf of CORPORATION for the uses and purposes set forth therein. GIVEN UN MY HAND AND SEAL OF OFFICE oe this the day of 1966. _ f Ky Coission Exp res: mm Notary Public ELYFIA wv!AAT Address: I-c!v--,•:T„ ,.,.. --,a - . * ( i , »o. W [ASY:3C �:ni:Kraunh I i55 FV'..'.. �t .Geunry� �K,t+.'i.t0035 • Ga!hc.ta tcec �,r. nmr-.n 30. ty.l. p:�',Y YJ• r, c a Ch Y ti 1`lr r 4F-,, — — _,A N a ' $4/04-?4 "24 D t � ASSIGNOWT OF OIL AND GAS 1XM(S) REGD L .0.00 CRS1;5L ***1+3.00 55 STATE OF WASHIEGTON f 1 13M ALL HM by THM PR38EliT$s COUNTY OF KING f THAT, the undersigned, NORTH CENTRAL OIL CD2POU7LON, Suits 600, 6001 Savoy, Houston, Taxes 77036. bereiaafter called "ASSIMW, for and in consldsration of TEN DOLLARS ($10.00) and other good and seeable coasiders- tion, the receipt and sufficiency of which is acknowledged, does bereby bar- gala, sell, transfer, convey and assign onto VOYAM PSTSOLEM. In., 110 16th Street, Suite $00, Denver, Colorado SM2, LEAK PSUO1.E0! S> LORAg- TION, INC., 5590 South Syracuse, Suite 110, Englanood, Colorado S0111; and TRUE, Pig E><Pb09 ATUM GORMUTION, 410 Orb Street, Suits 340, Denver, Colorado 80202, bereisafter called ARSUMM", in the proportions : r{ as set out below, all of Assignor's TLUM AND 0111 MLY PnCW (12.M) right, title and interest in and to the all and gas lesse(s) as described on Exhibit "A" attached bsreto and aade a part hereof. together with the rights incident thereto and personal property thereon, appurtenant thereto or used in connection therewith. The interests of the above designated Asaignees shall be as followss Voyager Pietroleum. inc. S,3333= +tif Lear letrolenn Exploration, Inc. 2.00942 Tess Ass Exploration Corporation 2.08334E TO HAVE AND TO HOLD UNTO Assignees, their successors and assigns, } forever, subject however to the followings r a. This Partial Assignment of Oil and Can Lease is made without any representation or warranty of title, either expressed or replied. XIECUTED t"do; the LS�i day of rXi�.�. 1984. NORTH CENUAL OIL CONFORATIOX e s �? ,» es• - rtle A. Frank lase: e` sacratei r Vies President WED for KP.rord at Reauesi 01 w} i 1 r STATE OP TEXAS CDOM OF HARRIS DMIX HE, the undersiga*4 authority, a Notary ftb]Llc in and for said County and State, on this day personally appeared A. FRAW KLAN, Vice Resident knom to m to be the parson and officer whose mom is subscribed to the goft- 401nS InstrMOut, and ackomlodged to we that the sass was the act of the said NOMM CMMU OIL ODUORMOR, a corporation. and that be szoattod the am* the act of each corporation for the purposes, and consideration t. 0 expressed OW In the capacity tbaralm stated. GIM UMM W UM AM SEAL OF OFFICZ this the me day of 1984. AAAA J mm" you= KWCA L MONOW Fm NOWY Pwk in and off on aft of temis EXHIBIT "A" - ATTACHED TO AND MAM A PAR? OF CEASE SCHEDULE PAGE 1 of _ _ T ASSIGnlO;NT OF OIL AND CAS 1�'E OF CQUNTY Of TY-AEASE Na LESSOR LEASE am= NET RECORDED 1TERM1 DESCRIPTION ACRES ACRES 60OK FACE •/.ORR1 16108 Burlington Northern 3- 1-81 .32rMhiip 22 North Ran e 6 Rest 3,216.70 3,216.70 Do i 17.5 LOR Railroad Cosspatq (5) See. It Lots 1,2, S3 sec. 58 SW#NNi#, 11#SM# $111 6029 See. 9: R/W across R#NE#, N1t#NE#, sma See. 11: NOR# see. 151 N}RR# Sec. 219 R.R. R/W across S#NE#, E}NiW} Set. 23t Part of Lot 11, and R/W's sera a Lots 10,11, SR#NNi#, S}SE#, NNE# #, SR#SW#, S 34 ac of SF}NE#, less City of Seattle pipelft2e /it; NNE#Nl111isv#, 11094111i Vi lose 1. 7 ac Nlilnaakee RN Sec. 251 Nwip SR#, R#SW# Sec. 26: All Sec. 271 SWO0, RR. R/W across R}NW#, #SE#, SE#SE#, SON0. NL#Sit# Sea. 331 SE#SW#, S#SZ*, NW#SW#, SW#Nit# Sec. 33: All, less 14■01 se EN R/W Sec. 36: All, less 18.25 ec EN R/W 16109 Burlington Northern 3- 1-81 TcAmship 22 North Range 7 Last 3,259.92 3,259.92 Do 17.5 LOR Railroad Cospalq ( 5) Sec. : ALIL 8111 6029 Sec. 301 Frac. Sj Sec. 31: All, Free., less 21.22 sic BN t/W Sea. 32t 20' strip of land across Lot 4 and NiR#SW#, 50' strip of land in front of Lot 4 across shore lands bad and water of flab lake See. 332 All reshi 23 North Ra 6 Bast t. 191 Lots 46,11,10, Mini, NEJNWJ, lose RfW c. 29t Lot 2, E#E}, IWJ!mi, NW#SS#, ICO, II R/W same Lot S c. 331 Lots 1i2,3,5,6, mini, KiNW#, NE#Syf 0 it 0 i~ t LEASE SCHEDULE PAGE-Z.Qf__s._._ STATE OF COUNTY OF e7m� _ ** EASE NO. LESSOR LEASE DATE GROSS NET RECORDED 1TERM1 OESCRIPT*N ACRES ACRES /OCK PAGE % ORM 16110 Burlington Northern Railroad Company Burlington northern Railroad Company 3- 1-81 ( 5) 3- 1-81 ( 5) 3,204.23 Ice 13i a R/W across Wt3{, s1fSwj eCa 151 All less a}Ns1 Coal i Iran tc. 19: Lot 2 Ica 211 All e. 23: W1. mi. 01saf. swiss* [a. 23t Lots 1,2.3,4,5,10,11, BEJNEi, swiswi, M3 sat, 3091 c. 271 sW1sWi, N}NWi loss 1.40 ac. is] an by decree of Ct. Lots 2,4,5,R, 0819, }1144r Wf Lot 10, W}sWjli2j, sa 99j, C. 292 Lots 11,2,3.4.5,9,10,1I Waship 19 north. Rance 6 East ee s.7: sS Asa IN BM KING i nZRCE COURTns unship 21 North Ra5ge 7 Mast e. 32 All, ems i .06 ■c. by decree 2578.50 c. 5: W}, less a K/W c. 7: a#xaf, EMN11 c. 92 S}, Mess 1.23 se. to USA c. 102 Part of SWOU (forcer NW Wash4 mpt Unit c. 152 Wi loss 44.77 ac. IN k/W, SE1, Slug*, KIM lying S of the IN R/W less 18.50 ac. decree al et. c. 17: If 5t 13,204.23 12578.50 site) 18111 811 7.5 LM 7.5 LOR 0 Yi4`'yI%l M � s r ~� pa d1 a A • a � a w w' Ab rL .A ILL N N N r P. N N r1 !1 � �O tV N N r• z as a .y • �! eft • w ZL �ry?t4.5.'rd 7 r >4L N F► 4 At Q cQ Q 4 K s 7 >4L N F► 4 At Q cQ Q 4 K s 7 y a a A - N 4 Q F .4 i0 N rat fY Y7 do 0 02 id _ O Y�� ,4 x �o i:w w � O O - V V w so io.,... yy Nw'J7 .QM is �r N . IL$ O413 real a M+.,�1 pl r. .. w M1 !% A N - ..• .� A A O; A d rl 1 ..� .s —1 tV wl M wf Ifti v Y o0 �o to t ti• t 5 s'1', a+r 4} 3 �•�PF aii M1Y . r WU11.iS a i► � < < � - WV4 STATE bo. CEAHQ LESSOR Act SE 22.� � w PAGE -OF" f f� s cam .. MET ""oft b Jam. AM IM PAW 'X C" 16113 DSuy4teIrOad/e�y.�M.o��rttbom 3/- ir�l its � 1y9� h '�, ��a. C 3.203.26 3.203.26 $11I 0602 17.3 LM �C• �i -ail:: a r �,.�6,;` ;,,.. BaR• 27e Ail -* aC. 1a Ivu 8aC. Za: �,� Z;t�Z■�#.aa. EK R/ii C i " ;� ubod for �drhil " poiiim" e i 1 &C. acboot •ite i 2.10 ac. B- adKtiaa to`-� of liilkason Sac. 29:. All, hra 11.60 ac. IN R/H Sar. 311 All fri. Sac. 33t Abandoaad 100• n Rm in 8}Sys . Sec. 341 l#Wf - sv - --' . 6"=40533 LEASE SCHEDULE PAGES._... of . i STATE OF .. wMEMN ....,.__ COUNTY Of _rEno a „....,— LlAiE GBDss NET RECORDED LEASE M0. LESSOR ITERt� DEIMPiCH AGRS ACRES I= PAGE h 01M i t1l � 1L>3>0 i xuaa oourrttl�a 16112 Burlington Northern 3- 1-81 hip 21 Worth 7 Esst ,S50.05 3,330.05 DOC1 7.5 LOR Railroad Company ( 5) C. ZIS ALL, s 44*39ae in 8111 301 a. 271 ail C. 291 vie W, Lots 102,3040, lass ac. am R/W aa5.S12 1 C o 311 awf a Lots 10203049 IWO # aim*. NO, 9*50 Co 33: All ornasbi 19 owth e 6 East s st IN I= am i 1?XK= COUNTIES 16113 Burlington Northern 3- 1-81 hip 21 North 6 Zest 3,276.52 3,276.52 Doc 7.5 LOR Railroad Company{ 5} s r Foe 8111 0298 2a All frlo 31 Lots 1,2,3,4,5,6,7, SJXBJ, 99 Lot 10 8}Ei#, lRTinto M#llR}, 9900, 8{ C. lit All, Is" 2.00 ea. SN R/w 4. 333 il}R# s9f ut, 8i00 331 lii#1:1 C. 16114 Burlington Northers 3- 1-81 Us 23 North. e 3 East 3,292.75 3,282.73 Doc 9 7.5 UK Railroad Company ( S) c. 111 An $111160296 . 15s win* C. 218 14" 4s6# WiMis W*8i, ...vim*. iris 1o.54 aC 1W sai Is". 6.09 aa. c. 23s Ail, Use 34.42 an, ss. 27s All. Iwo 8.91 aa, pwar lies C. 291 aRtoot power line across =*, 20¢i_prect in Mi corner of Co 33s � eastiss the ZJV*s *ASSIGNMW OF OIL AND GAS LEASE MIM ALL X= BY TAE^: PRESENTS: rr. -JN OF MT the undersigned, PRIM OIL AND GAS CD"-, Suite 670, 2721 Allen Parkway, bossLOO, Trxas 77019, har01PKtt0-r called "Assignor` For and is onsidoratim of Ten Dollars ($10.00) and otnax good and valuable sonsideratioa, the receipt and sufficiency of which is acknadedpd, does bersby bargain, sell, transfer, convey, assign and sat over canto WYAfSE li17QOLMM' INC., 110 16tb Street, gaits 800, Deaver, Colorado 80202. LEAN p9TAOLZW EZPL UTION, IW- , 59" South SYracussp Suits 110, aeglawood. Colorado 80111i and TZZAS CAS EXPLORATION CORNIMG1l, 410 17th Street, Saito 340, Denver, Colorado 80202, bereinaftsr eslled "Assigases", in the proportions as set out below. all of Assignor's twelve and one..half perssat (12.50Z) right, title and interest in and to tbs oil and gas lasses) as described on 11zhibit "A" attached hereto and aeae a part bereof, together with the rights incident thereto and personal property thereon, appurtenant thereto or used in'comection therewith. The interests of the above desipsted Assignees sball be as follows, - Voyager Petroleums, Into 8.33332Z 84/04/24 Lear prtrolaws Jkplorstion, Inc. 2.m34Z RED F lass Cgs Rxplorstioa Corporation 2.0A334Z CALL 12.5000OZ To VAVX Am To aam it m Assipsse, their successors and assigns, forever, subject however to the followings a. lbia Partial Aesigeamt of Oil sod Gss Lease is mWe without asp reprssentatios or warranty of title, either expressed or Implied. ZZKCUM We gth-- d4 O r r. Brom or ZRIAg ) ss. swam or ZMAIS ) of Fearuary r Imo• Os this 9"A day if IM4, before nos the ameraigsed, a Notaiy Public is► smd for said cotmty, persowdly case Jahn 1. Rey d of ISIM O ., to ma gas ly to re the fxeuutive Vice President and the identical pereos whose now is afftled to the above instrument, and acknowledged the execution theree! to _ a" volentaty act sod do" as such officer and the valmtary act sad dead of PRIM OIL AND QS CORP.. and the: the corporate seal of 1'RIBRO OIL AND GAS COIF. was thereto afMad by its authority. itrmzz IF hand and notarial aspires seal the date and year last above M" EOM 6; rum Msm"M im 1Z.VON Opp *%H) nor Record At Heauest n .00533 0 55 s 01 D"wtrnent of Developnent and Ermuonrnmits) Semmes Land Use Services Division No se ale Avenue SW k 1% 1 A rMf%g: r -4 -1 Q .....on.cernin . . . . . . . n . . . . . . . ta re.as,,,,. Ot1 rVali , wn, 4 206-295-6600 M 2W-2W7217 For alternate formats, call 206-296-6600. STATE OF WASHINGTON COUNTY OF KING j L04P-002"I File Number: 6 Application Name: Preliminary Plat of Wehrman PEpppIly Project. Location: North of S.E. 192nd Street at the north end of 124th Avenue S.E. The undersigned, being first duly sworn on oath deposes and says: 1. That the affiant is competent to be a witness herein; 2. That the afflant. is the applicant for the above prooct; 3. That to the best of the affiants knowledge the critical areas on the development proposal site have not been illegally altered; and 4- That the affianthas not previously been found to be in violation. of critical areas regulations for any property in King County, or alternatively, that if there have been any vMations, such violations have beentare being cured unty. /Dwe arty Race (city aw StatLK) I certify under penalty of perjury under the. taws of the State of Wash-woon that the, foregoing is true and correct. Check out The DDES Web ske at www.metroka go Lddeq baff-MMM-Of 12na= 11418.006 r1 KI Counity Department of Development and Environmental Services Land Use Services Division 900 oakesdale Avenue Southwest Renton, Washington 98055-1219 206-296-6600 TTY 206-296-7217 Purpose of the checklist Alternative formats available upon request The State Environmental Policy Act (SEPA), RCW Chapter 43.21 C, 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 the 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 agenoy,to which you submit this checklist may ask you to explain your answers or provide 4ddition6l information reasonably related to determining if there may be significant�aclverse impacts.: Exhibit No.elzl �r o eSCo 07 Item Na. Received _ 0 L K;n� C;nllnty Hearing Examiner L04PO � , 0,X Check out the DDES Web site at www.metrokkc.gov/ddes ` T SEPA Checklist Ic-ckl-SEPA.pdf 5126/03 11418.003.doc [ 10/11104] Page 1 of 20 O 0 A. Background 1. Name of the proposed project, if applicable: Wehrman Preliminary Plat 2. Name of applicant: Trinity Land Development, L.L.C. 3. Address and phone number of applicant and contact person: Apnlican#: Chris Austin Trinity Land Development, L.L.C. 310 — 29th Street N.E. Puyallup, WA 98372 (253) 845-2922 Agent: Nana Halvorsen Barghausen Consulting Engineers, Inc. 18215 — 72nd Avenue South Kent, WA 98032 (425) 251-6222 4. Date checklist prepared: December 10, 2004 5. Agency requesting checklist: King County Department of Development and Environmental Services. 6. Proposed timing or schedule (including phasing, if applicable): Preliminary Plat approval is expected in 2005. Construction is expected to begin in spring 2006 to be completed for recording summer/fall 2006. 7. Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. Not at this time. Check out the DDES Web site at www.metrokc.gov/ddes SEPA Checklist Ic-ckI-SEPA.pdf 5/28/03 11418.003.doc [10/11/04] Page 2 of 20 0 0 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. • Wetland Delineation Report prepared by Barghausen Consulting Engineers, Inc., dated December 6, 2004 • Level 1 Drainage Analysis prepared by Barghausen Consulting Engineers, Inc., dated December 2, 2004 9. Do you know whether applications are pending for government approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. The applicant is not processing any other Government applications related to this property at this time. 10. List any government approvals or permits that will be needed for your proposal, if known. • Preliminary Plat review/approval • SEPA Determination • King County Site Development Permit • WDFW Hydraulic Project approval (if required) DOE NPDES Permit • Soos Creek Utility District Developer Extension Agreements King County final plat approval 11. Give brief complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The project proposal involves the subdivision of approximately 7.25 acres of land into 35 single-family residential lots, a public street system, a park tract, and a stormwater facility. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The property is located southeast of the eastern terminus of S.E. 188th Street, north of S.E. 192nd Street. It is located within the southwest corner of Section 33, Township 23 Check out the DDES Web site at www.metrokc.gov/ddes SEPA Checklist Ic-ckI-SEPA.pdf 5128/03 11418.003_doc [10/11104) Page 3 of 20 0 0 North, Range 5 East, Willamette Meridian, King County, Washington (King County Parcel Nos: 332305-9010 and 619900-0101). Check out the DDES Web site at www.metrokc.gov/ddes $EPA Checklist lc-ckl-SEPA.pdf 5/28103 11418.003.doc [10/11104J Page 4 of 20 B. Environmental elements 1. Earth a. General description of the site (circle or check one): ❑ Flat ® Rolling ❑ Hilly ❑ Steep slopes ❑ Mountainous ❑ Other b. What is the steepest slope on the site (approximate percent of slope)? The property slopes at a consistent grade to the east with an overall approximate grade of 25-percent. c. What general types of soil are found on the site (i.e,, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. According to the 1973 King County Soils Survey, the site contains Alderwood gravelly, sandy loam, 0 to 6-percent slopes (AgB), and Alderwood gravelly, sandy loam, 15 to 30-percent slopes (AgD). d. Are there surface indications or history of unstable soils in the immediate vicinity? If so describe. The applicant is not aware of unstable soils on -site or in the surrounding area. e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. Due to the topography of the site, it is anticipated that grading will be required for the improvement of the proposed on -site streets and to establish lot pads. The on -site material is probably suitable for structural fill and it is not anticipated that imported or exported material will be required. An earthwork takeoff has not been completed at this stage, but the project may include grading in excess of 60,000 cubic yards, which will be balanced on site as much as possible. If import or export is necessary, then the material will be taken from/to an approved receiving site. Check out the DDES Web site at www.metrokc.gov/ddes SEPA Checklist fc-ckl-SEPA.pdf 6128103 11418.003.dce []0/11104] Page 5 of 20 f. Could erosion occur as a result of clearing, construction or use? If so, generally describe. Erosion could occur due to land clearing activities during construction. Control measures will be implemented prior to clearing, which include constructing drainage ditches, silt control fences, and sedimentation control ponds, if needed. g. About what percent of the site will be covered with impervious surfaces after project construction (i.e., asphalt or buildings)? After full build -out, including new homes, it is expected that approximately 70 percent of the site will be covered with impervious surfaces in accordance with KCC 21.12.030. h. Proposed measures to reduce or control erosion or other impacts to the earth, if any: Clearing will be limited to those areas necessary for the construction of streets, building pads, and utilities during the development stage. Installation of facilities as described in Section 1(F) above will be implemented during the construction phase. 2. Ai r 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? The use of diesel -powered construction equipment will result in some transitory air emissions during the construction stage extending for a period of approximately 90 days. Following the completion of the project, air emissions will be due to vehicular traffic and future resident use of vehicles. Some wood smoke can be anticipated from the use of wood -burning fireplaces and during land clearing operations on a limited basis. All the above -stated potential emissions are typical for the construction and use of residential lots. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Off -site sources of emissions include single-family residential use, the nearby Meeker Middle School to the southeast, and existing Check out the DDES Web site at www.metrokc.gov/fides SEPA Checklist Ic-ckl-SEPA.pdf 5128/03 11418.003.doc [10111/04] Page 6 of 20 0 0 public streets in the area. These sources are not anticipated to negatively affect or be affected by the proposed project. c. Proposed measures to reduce or control emissions or other impacts to air, if any: All applicable EPA and DOE standards governing air quality relative to construction will be followed during the project development. 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. A portion of a Class I Wetland and its 100-foot buffer occupy most of the eastern portion of the property (see Tract Q. Soos Creek is also within 200 feet of the site. 2. Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Nine of the proposed lots, the park tract, and a portion of the drainage facility are within 200 feet of the Class I wetland and Soos Creek. 3. Estimate the amount of fill and dredge material that would be placed or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No filling or dredging is proposed to occur in surface waters. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose and approximate quantities if known? Currently surface water flows to the east. With the project, most of the project -generated stormwater will be collected and Check out the DDES Web site at www.metrokc.gov/ddes SEPA Checklist lo-cki-SEPA.pdf 5/28/03 11418.003.doc [10/l 1/041 Page 7 of 20 conveyed to the property's southeast corner of where it will be treated and released at a controlled rate to the wetland buffer. 5. Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. According to the FEMA FIRM map, the site is located outside of the 100-year flood plain (see map in appendix). 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. Waste materials are not proposed to be discharged into surface waters on or off site. The stormwater drainage facility will release treated water at a controlled rate via a level spreader or equivalent mechanism, that will flow to the east into the Class I wetland. b. Ground 1. Will ground water be withdrawn or will water be discharged to ground water? Give general description, purpose and approximate quantities if known. The project proposal does not include withdrawal or discharge into groundwater. 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (i.e., 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. A public sewer will service the proposed lots on the subject property. No waste material is anticipated to be discharged into the ground. c. Water runoff (including stormwater): 1. Describe the source of runoff (including stormwater) 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. As depicted on the Preliminary Road and Drainage Plan (please see appendix), stormwater runoff will be collected in catch Check out the DDES Web site at www.metrokc.gov/fides SEPA Checklist lc-ckI-SEPA.pdf 5/2&03 11418.003Am [10/11/04] Page 8 of 20 basins and conveyed in underground pipes to a single combined detention/water quality pond in the southeast portion of the site, directly west of the wetland buffer. The detention facility will discharge at a rate similar to the existing runoff rate. The stormwater facility outlet will be trained via a level spreader or equivalent mechanism to the east into the Class I Wetland buffer. 2. Could waste materials enter ground or surface waters? If so, generally describe. Stormwater runoff from paved surfaces, which may include residue from petroleum -based products, will be treated in the combined detention/water quality wet pond that is proposed for this project. d. Proposed measures to reduce or control surface, ground and runoff water impacts, if any: A complete storm drainage system will be designed and constructed to King County standards (1998 KCSWDM), which will include water quality and flow control facilities. A detention pond will store surface water runoff during storm events and will provide release rates similar to existing conditions. 4. Plants a. Check or circle types of vegetation found on the site: ® Deciduous tree: ® Evergreen tree: ® Shrubs ❑ Grass ❑ Pasture ❑ Crop or grain ® Wet soil plants: cabbage, other alder, maple, aspen, other 11r, cedar, pine, other cattail, buttercup, bullrush, skunk ❑ Water plants: water lily, eelgrass, milfoil, other ❑ Other types of vegetation b. What kind and amount of vegetation will be removed or altered? Nearly all of the existing vegetation located outside of the wetland/buffer will be cleared for home sites, road, park and stormwater facilities. Check out the DDES Web site at www.metrokc.gov/ddes SEPA Checklist lc-cM-SEPA.pdf W28103 11418.003,doc [[0/11104] Page 9 of 20 0 0 c. List threatened or endangered species known to be on or near the site. There are no known threatened or endangered plant species on or near the subject property. d. Proposed landscaping, use of native plants or other measures to preserve or enhance vegetation on the site, if any: None. 5. Animals a. Check or 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, on bird , other ❑ Mammals: deer, bear, elk, beaver, other ❑ Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. There are no known threatened or endangered animal species on or near the subject property. c. Is the site part of a migration route? If so, explain. The site may be part of the Pacific flyway. d. Proposed measures to preserve or enhance wildlife, if any: The project provides the full width (100-feet) required buffers from all sensitive areas on site. 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. Electricity will be required to provide street lighting, interior lighting, and heating within future homes, If natural gas is Check out the DDES Web site at www.metrokc.gov/ddes SEPA Checklist Icrckl-SEPA.pdf 5/2&03 11418.003.doc [1Oil 1/04) Page 10 of 20 0 0 available, it will be extended to the property to be available for heating and appliances in future homes. 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: Future homes will be designed to comply with Washington Energy Code for insulation, glazing, etc. 7. Environmental health 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. The applicant is not aware of any environmental health hazards associated with the site or as a result of the proposed project. 1. Describe special emergency services that might be required. Only typical emergency services for single-family residential subdivisions will be required. 2. Proposed measures to reduce or control environmental health hazards, if any: This item does not apply. b. Noise 1. What types of noise exist in the area which may affect your project (i.e., traffic, equipment, operation, other)? Noise levels in the area are generally low and relate primarily to single-family residential uses and automobile traffic from the adjacent roadways and nearby school. These are not expected to affect the project. Check out the DDES Web site at www.metrokc.gov/ddes SEPA Checklist lc-ckl-SEPA.pdf 512&03 11418.003.doc [10/111041 Page 11 of 20 2. What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (i.e., traffic, construction, operation, other)? Indicate what hours noise would come from the site. On a short-term basis, noise levels may increase during the day due to operation of construction equipment for the installation of utilities and construction of roads. These noise impacts will be transitory and will be limited to daylight hours. On a long-term basis, the noise levels in the area may slightly increase due to the addition of 35 homes. 8. Land and shoreline use a. What is the current use of the site and adjacent properties? East: Boulevard Lane Park West: Single-family/undeveloped North: Single family/undeveloped South: Single-family/undeveloped, Soos Creek Plat L04PO002 b. Has the site been used for agriculture? If so, describe. The developer is not aware of prior agricultural use of the site. c. Describe any structures on the site. There are no structures currently located on the site. d. Will any structures be demolished? If so, what? This item does not apply. e. What is the current zoning classification of the site? Residential - R-6. f. What is the current comprehensive plan designation of the site? Urban Residential, four to 12 dwelling units per acre. Check out the DDES Web site at www.metrokc.gov/ddes SEPA Checklist lc-ckI-SEPA.pdf 5/28/03 11418.003.doc [10/11/04] Page 12 of 20 R g. If applicable, what is the current shoreline master program designation of the site? This item does not apply. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. The western edge of Soos Creek and a Class I wetland encroaches onto the eastern edge of the property. i. Approximately how many people would reside or work in the completed project? We anticipate that approximately 70-90 people will reside in the completed project after all 35 homes are constructed. j. Proposed measures to avoid or reduce displacement impacts, if any: None are required. k. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposed development is consistent with existing zoning and Comprehensive Plan designations as it provides urban infill development and meets all of the density criteria of King County Code. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle or low-income housing. There will be 35 residential lots created for 35 single-family residential homes, probably within the middle -income level. Housing units may be attached (zero lot line) or detached residences. All lots will be fee -simple ownership. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle or low- income housing. No units will be eliminated. Check out the DDES Web site at www.metrokc.gov/dries SEPA Checklist lc-c:kl-SEPA.pdf 6128/03 11418.003.doc [t0/11/04] Page 13 of 20 0 0 c. Proposed measures to reduce or control housing impacts, if any: None. 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? The tallest structure will be a residential house with height as allowed by the zoning (35 feet). Most houses will typically be two stories, measured from the average ground elevation. b. What views in the immediate vicinity would be altered or obstructed? There are no views in the vicinity of the property to be impacted by the development. c. Proposed measures to reduce or control aesthetic impacts, if any: The use of typical residential landscaping. 11. Light and glare a. What type of light and glare will the proposal produce? What time of day would it mainly occur? The project will produce limited light and glare, primarily from local streetlights and vehicular headlights. These lights will mostly be noticeable in the early evening hours. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not to our knowledge. c. What existing off -site sources of light or glare may affect your proposal? None to our knowledge. Check out the DDES Web site at www.metrokc.gov/fides SEPA Checklist lc-ckl-SEPA.pdf 5128/03 11418.003.doc [10/11/041 Page 14 of 20 0 0 d. Proposed measures to reduce or control light and glare impacts, if any: Light and glare impacts will be minimal, although the use of landscaping could potentially further reduce these impacts. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? • Boulevard Lane Park is located directly to the east. There is an existing informal trail in the BPA easement that connects to Boulevard Lane Park. • Meeker Middle School is located approximately 1/8-mile to the southeast. • Kent Ridge High School is located approximately 1 mile to the south. 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: An on -site park tract is provided, which will contain a tot lot and playground equipment. A trail connection will be provided to the existing informal trail to Boulevard Lane Park to the east. 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. The applicant is not aware of any registered preservation status on or near the site. Check out the DDES Web site at www.metrokc.gov/dries SEPA Checklist lo-ckl-SEPA.pdf 5I28/03 11418.003.doc [10/11/04] Page 15 of 20 0 0 b. Generally describe any landmarks or evidence of historic, archaeological, scientific or cultural importance known to be on or next to the site. The applicant is not aware of any historically significant landmarks on or near the site. c. Proposed measures to reduce or control impacts, if any: None are proposed. 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. To the southeast, the site is the existing unopened right-of-way of 124th Avenue S.E. Improvement of 124th Avenue S.E. is not viable because any constructed improvements would have to impact portions of a large Class I wetland. To the west, the site is served by an existing 40-foot wide access easement across private property extending from the eastern terminus of S.E. 188th Street. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? There are no transit routes located within one mule of the project site. The closest route is METRO 160/163, at S.E. 208th Street and 124th Avenue S.E. c. How many parking spaces would the completed project have? How many would the project eliminate? Each lot will provide a minimum of two off-street parking stalls. No parking spaces will be eliminated as part of this proposal. 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). The proposal includes the construction of a public, half -street extension of S.E. 188th Street entering the site from the west at the northwest corner of the property. The applicant proposes that the plat road terminate in a temporary cul-de-sac bulb at the southern property line to allow a future connection. It is expected that the Check out the DDES Web site at www.metrokc.gov/ddes SPPA Checklist lc-ckI-SEPA.pdf 5128/03 11418.003.doc [10/11/04] Page 16 of 20 0 0 half -street improvement of S.E. 188th Street will be completed to a full -street standard when the property to the north is developed. e. Will the project use (or occur in the immediate vicinity of) water, rail or air transportation? If so, generally describe. IM f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The project is expected to generate a maximum of 335 vehicular trips per day, with a peak hour volume of 35 trips. There are currently peak hour times during the day, generally between 7-8 a.m., and 5-6 p.m. g. Proposed measures to reduce or control transportation impacts, if any: Construction of on -site roads is in accordance with the 1993 King County Road Standards for right-of-way width and improvement cross -sections. In addition, it is expected that the project will pay proportional traffic mitigation fees in accordance with King County regulations. 15. Public services a. Would the project result in an increased need for public services (i.e., fire protection, police protection, health care, schools, other)? If so, generally describe. As typical for single-family lots, the proposed project will result in an incremental increased need for fire, school, police, and other public services. b. Proposed measures to reduce or control direct impacts on public services, if any: Long-term impacts and the need for public services will be mitigated through the collection of tax revenues that provide the primary funding mechanisms for these services. Check out the DDES Web site at www.metrokc.gov/ddes SEPA Checklist Ic-ckI-SEPA.pdf 5128/03 1141$.003.doc [10/11104] Page 17 of 20 0 0 16. Utilities a. Check or circle utilities currently available at the site: ® Electricity ® Natural gas ® Water ® Refuse service ® Telephone ® sanitary sewer ❑ Septic system ❑ Other b. Describe the utilities that are proposed for the project, the utility providing the service and the general construction activities on the site or in the immediate vicinity which might be needed. Power: Puget Sound Energy Cable Television: Comcast Water: Soos Creek Water & Sewer District Sanitary Sewer: Soos Creek Water & Sewer District Telephone: Qwest Communications Natural Gas: Puget Sound Energy Utility pipes/mains exceeding 12 inches in diameter may be installed within or beyond the project and/or nearby rights -of -way as necessary to serve the proposed development. Utility improvements may result in additional impacts to sensitive areas that will be mitigated as required. C. Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date submitted: ��I%-ce Check out the DDES Web site at www.metrokc.gov/dries SEPA Checklist Ic-ekl-SEPA.pdf 5128/03 11418.003.doc [10/11/04] Page 18 of 20 0 0 SEPA APPENDIX Vicinity Map (Ref. Thomas Guide, page 686) Reduction of Plan Set (8'/z" x 11" no scale), including. ➢ Preliminary Plat Site Plan (Sheet 1 of 2) ➢ Preliminary Road and Drainage Plan (Sheet 2 of 2) King County Soil Survey (Excerpt) • FEMA FIRMette Flood Plain Map (53033C0991 F) Metro Bus Route 160/163 Map and Schedule Vicinity Map Wehrman Property BCE# 11418 SOURCE: THE THOMAS GUIDE, USED WITH PERMISSION P:111 000s1114181exhibitly-map.doc 0 0 �-wM�ir�inM-nnu-nnU ...n a-�+t nai mvsrt. .+V+4 +.w.uiiV�..n..run i\awii�. ti diLUNJOard At''6►�7V�tRZMum an rnAna '° °""°'° �° "'^� Z.—Ji •, t t Mai 311�li18Fue�-ots ,.. ,ram•. �r,aurLWtCb) •— �� t+re AMvraw-gU IN3rwda3ka arvi AIMuML ft. �, ,• •„m, �u .wnr w T 1ClNY dY IiwW a� lit_ a an019 ■ypy i[ ut Rrtl 9II vi 11H # g i n R H a i y f f p R�^R 7 e�37 ggg x C y !� y # � � p4 E Gap, � � g■ § 9XFf7W •1AIIH7111RFp R7tK Eir70�]�© II rr ii n — i i - , ti 1 • �7W�r,1� s"�� .:sLiiw: �,�o,,;tg. ram" '"� rya POP,; 944 �a,9`�q:+f s,; ""`"'"�t.'%9•s1 5! ir MOMfir.. to Mal Mol m ,-a .I 11 '� f 0 0 SOIL SURVEY King County Area Washington 0 UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service in cooperation with WASHINGTON AGRICULTURAL EXPERIMENT STATION Issued November 1973 d SOIL CONSERVATION SERVICE KING UUUN II T A!It.A, SOIL LEGEND The first capital letter is the initial one of the soil name. A second capital letter, A, B, C, D, E, of F, Indicates the class of slope. Symbols without a slope letter are those of nearly level soils_ SYMBOL NAME } AgB Aklerwood gravelly sandy loam, 0 to 6 percent slopes AgC Alderwood grovetfy sandy loom, 6 to 15 percent slopes ' AgD Alderwood gravelly sandy loam, 15 to 30 percent slopes AkF Alderwood and Kitsap soils, very steep AmB Arents, Alderwood material, 0 to 6 percent slopes ti AmC Arents, Alderwood material, 6 to IS percent s lopes* An Arents, Everett material • BeC Beaus it& gravelly sandy loom, 6 to 15 percent slopes BeD Boo" Its gravelly sondy.loom, 15 to 30 percent slopes ,._ 3ef akad- its-graveI ly Andy :cLtn, -10 %�'7r Bh Bellingham silt loam Br Brfscat slit loam Bu, Buckley slit loom - Cb Coastal Beeches ' Ea Eorlmont slit loam Ed Edgewick fine sandy loam EvB 'Everett gravelly sandy loam, 0 to 5 percent slopes Evc Everett gravelly sandy loam, 5 to 15 percent slopes EvD Everett gravelly sandy loam, 15 to 30 percent slopes EwC Everett-Alderwood gravelly sandy kwms, 6 to 15 percent slopes InA Indianola"loamy fine sand, 0 to 4 percent slopes " Inc Indianola loamy fine sand, 4 to 15 percent slopes ' Inn Indianola loamy fine sand, 15 to 30 percent slopes KpB Kitsap stIt loom, 2 to 11 percent slopes KpC - Kitsap si it loom, S to 15 percent slopes KpD Kitsap si It loom, 15 to 30 percent s lopes KsC Klaus gravelly loamy sand, 6 to 15 percent slopes Ma Mixed alluvial land Nec Nei lton very grove]ly loamy sand, 2 to 15 kcent slopes Ng Newberg silt loam - Nk Nooksock silt loam No Noma sandy loam Or Orcas peat Os Oridin silt loam OvC Dvall gravelly loam, 0 to 15 percent slapas OVD Oyu ll gtovelfy loom, 15 to 25 percent slopes O✓F Ovalt gravelly loam, 40 to 75 percent slopes Pe Pilchuck loamy fine sand Pk Pilchuck firm sandy loam Pu Pager silty clay loam Py Puyallup fine sandy loam RoC Ragnor fine sandy loam, 6 to 15 percent s lopes Rap Rognur fine sandy loom, 15 to 25 percent slopes RdC Rognar-Indianola association, sloping* RdE Ragnor-Indianola assoclation, moderately steep* Re Renton silt loam Rh Riverwash $a Solo] silt joam - Sh Sammamish slit loam Sk Seattle muck Sm Sholcor muck Sn 51 silt. loom So Snohomish silt loam Sr Snohomish silt loam, thick surface variant Su Sultan silt loam TO Tukwila muck Ur Urban land Wo woodinville slit loam • The,composmon of these units is more variably than that of the others to the ,ea, but'It has been controlled well enough to interpret far the expected use of the sails. I 0 0 Permeability is moderately 4kid in the surface layer and subsoil and very slow in the substratum. Roots and to the consolidated substra- tum where they tend to mat on the surface. Some roots enter the substratum through cracks. Water moves on top of the substratum in winter. Available water capacity is low. Runoff is slow to medium, and the hazard of erosion is moderate. This soil is used for timber, pasture, berries, nd row crops, and for urban development. Capability 't IVe-2; woodland group 3dl. Alderwood jEavelly sandX loam 0 to 6 percent slo s AgB):-- s soil s nearly level and un ulating. It is similar to Alderwood gravelly sandy loam, 6 to 15 percent slopes, but in places its surface layer is 2 to 3 inches thicker. Areas are irregular in shape and range from 10 acres to slightly more thane 600 acres in size.' Some areas are as much as 15 percent included Norma, Bellingham, Tukwila, and Shalcar soils, all of which are poorly drained; and some areas in the vicinity of Enumclaw are as much as 10 percent Buckley soils. Runoff is slow, and the erosion hazard is slight. This Alderwood soil is used for timber, pasture, eyries, and row crops, and for urban development. Aability unit IVe-2; woodland group 3d2. Alderwood gravelly sandy loam 1S to 30 percent ssla es (AgD).--Depth to the substratum in this soil varies within short distances, but is commonly about 40 inches. Areas are elongated and range from 7 to about 250 acres in size. Soils included with this soil in mapping make up no more than 30 percent of the total acreage. ome areas are up to 25 percent Everett soils that ave slopes of 15 to 30 percent,.and some areas are up to 2 percent Bellingham,.Norma, and Seattle soils, which are in depressions. Some areas, especially on Squak Mountain, in Newcastle Bills, and north of Tiger Mountain, are 25 percent Beausite and Ovall soils. Beausite soils are underlain by sandstone, and Ovall soils by andesite. Runoff is medium, and the erosion hazard is severe. The -slippage potential is moderate. This Alderwood soil is used mostly for timber. Some areas on the lower parts of slopes are used for pasture. Capability unit VIe-2; woodland group 3d1. Alderwood and Kitsap soils, very steep (AkF).-- This mapping unit is about 50 percent Alderwood gravelly sandy loam and 25 percent Kitsap silt loam. Slopes are 2S to 70 percent. Distribution of the soils varies greatly within short distances. About 15 percent of some mapped areas is an included, unnamed, very deep, moderately coarse textured soil; and about 10 percent of some areas is a very deep, coarse -textured Indianola soil. Drainage and permeability vary. Runoff is rapid to very rapid, and the erosion hazard -•is severe to very severe. The slippage potential is severe. These soils are used for timber. Capability unit VIie-1; woodland group MI. To Arts, Alderwood Material Arents, Alderwood material consists of AldelYood soils that have been so disturbed through urb ization that they no longer can be classified the Alderwood series. These soils, however, have many similar features. The upper part of the soil, to a depth of 20 to 40 inches, is brown to dark - brown gravelly sandy loam. Below this is a grayish - brown, consolidated and impervious substratum. Slopes generally range from 0 to 15 percent. These"soils are used for urban development. Arents, Alderwood material, 0 to 6 percent slopes (AmB).--In many areas this soil is level, as a result of shaping during construction for urban facilities. Areas are rectangular in shape and range from 5 acres to about 400 acres in size. Representative profile of Arents, Alderwood material, 0 to 6 percent slopes, in an urban area, 1,300 feet west and 350 feet south of the northeast corner of sec. 23, T. 2S N., R. S E.: 0 to 26 inches, dark -brown (10YR 4/3) gravelly sandy loam, pale brown (IOYR 6/3) dry; massive; slightly hard, -very friable, non - sticky, nonplastic; many roots; medium acid; abrupt, smooth boundary. 23 to 29 inches thick. 26 to 60 inches, grayish -brown (2.5Y 5/2) weakly consolidated to strongly consolidated glacial till, light brownish gray (2.5Y 6/2) dry; common, medium, prominent mottles of yell sh brown (10YR 5/6) moist; massive; no root medium acid. Many feet thick. The upper, very friable part of the soil extends to a depth of 20 to 40 inches and ranges from dark grayish brown to dark yellowish brown. Some areas are up to 30 percent included.soils that are similar to this soil material, but either shallower or deeper over the compact substratum; and some areas are 5 to 10 percent very gravelly Everett soils and sandy Indianola soils. This Arents, Alderwood soil is moderately well drained. Permeability in the upper, disturbed soil material is moderately rapid to moderately slow, depending on its compaction during construction. The substratum is very slowly permeable. 'Roots penetrate to and tend to mat on the surface of the consolidated substratum. Some roots enter the substratum through cracks. Water moves on top of the substratum in winter. Available water capacity is low. Runoff is slow, and the erosion hazard is slight. This soil is used for urban development. Ca- pability unit IVe-2; woodland group 3d2. Arents, Alde rood material, 6 to 15 percent slopes AMC is soil has convex slopes. Areas are rectangular in shape and range from 10 acres to about 450 acres in size. FEMA FLOOD MAP WERRMAN PROPERTY BCE# 11418 aranTL scams IN HEY No o r � 4� H Hht28F1Y ' =WNW I�IRItI ZONE x FIPA iC�11�lIE:li7 t�K SAND ASHI GrTOW BL INRATM ARMB f rode an ewes AN rer+eor WOO At" q smir am i - SITE r� i� two �► al € a MAW UN iyp 'i Icul atd �P�V''y eAfMP}riFY i+yM R d rdq RM1 Tlrri`�!1i�N sl�ryw h—k. a rMlt�� L1i* 1� � � ��liCmf �Mtl� b lGwIar 41EE IwkPal�laere9an ain�Milw�FhaOF jead "tliIFw1M PlMr liflilW Mi#lilWk�l4iYMUFFh1Yn� P:111QQQs\I 14181exhibit\FEMA FLOOD ".doe i 0 Metro Route 160,163 Timetable, Weekday 11448 f } Ffor+.5ei News I Services I Comments I Search J, Find Route * 160,163 +Timetablesi - Fare Information Weekday: Sept. 25, 2004 thru Feb. 11, Regional & area maps 2005 -Neighborhood routes - Metro system mail •Read the Adverse Weather In for this route. Park d We - Holiday Information '' RBufc Milp ` - Custom Print Help • Trip Planner To KENT EAST L (Weekday): �' -Tracker • Rldeshare •TraMcPA Roads 4th Av 2nd Av 4th Av S 52nd AV 3 Talbot S & & & 9 & & S Route Lenora Pike Spokane Interurban Carr Roa Av S 163 4:Olpm 4:05pm 4:20pm§ 4;34pm§ 4:47pm§ 160 4:03pm 4;lopm --- 4:32pm§ --- 163 4:30pm 4:35pm 4:51pm§ 5.:05pm§ 5:18pm§ 160 4:33pm d:40pm 5.03pm§ --- 163 5:Oipm 5:D6pm 5:22pm§ 5:36pm§ 5:49pm§ 160 5.03pm 5;10pm --- 5:33pm§ --- 163 5:31pm 5;35pm 5:49pm§ 6:01pm§ 6:14Lpm§ To DOWNTOWN SEATTLE (Weekday): 116th Av SE 124th Av SE 110th PI SE 108th Av SE W Valley & & & & Hwy & Route SE 234th SE 216th SE 248th SE 208th Strander 160 5:44ano 5:51-M --- 5:56a" 6:07amB 163 --- --- 5:52am 6:00am --- 163 --- --- 6:20am 6:20am --- 160 6:23am 6;30am --- 6;36am 6:50am 263 --- --- 6:49am 6:57am --- 160 6;52am 6:59am --- 7:05am 7;19am 163 --- --- 7:19am 7:27am --- 160 7:21am 7:28am --- 7:34am 7;48am Timetable Symbols W Valley 108th Av S 110th P1 SE 124th Av SE 116th Av 98 Hwy & & & F. & Todd SE 208th SE 248th SE 216th SE 234th --- 4:58pm§ 5:o6pm1 --- --- 4:42pm§ 4:56pm§ --- 5:01pm§ 5:08pm§ --- 5:29pm5 5:37pm§ --- --- 5:13pm§ 5:27pmr§ --- 5:32pms 5.39pm§ --- 6:00pm§ 6:08pm§ --- --- 5:42pm6 5:56pm§ --- 6:01pm5 6:08pm§ --- 6:25pm§ 6:33pm§ --- --- Talbot S 52nd Av S 4th Av S 4th Av & 3 & & & Carr Road Interurban S Spokane Univ. Av S --- 6:1damB --- - 6:08am 6:23am 6:33am§ 6:46am5 6:39am 6.54am 7:05am§ 7:19ami --- 6:58am --- 7:14am§ 7:OBam 7:23am 7:35am§ 7:49am§ --- 7:27am --- 7:43am§ 7:38am 7:53am 8:05am§ 8:19am§ --- 7e57am --- 8:13am§ 0 0 http://transit.rItetrokc.govltopsibus/scheduics/s 160_0_.htA 12/6/2pp4 Pi 'v L- TO ty L j �3 IQ 1 VA GLOM "Una I � segift-ft am* No* loom mmumom PAM sir King County Road Services Division TYPE OF CERTIFICATE October 20, 2004 Department of Transporwtion ® ORIGINAL Certificate # 01614 201 South J arkson Street ❑ CONDITIONAL File Number: 04-07-09-02 Seattle, WA 98109-3856 Expires: October 20. 2005 CERTIFICATE OF TRANSPORTATION CONCURRENCY ❑ Specific conditions are described on the reverse side of this certificate. Pursuant to King County Code, Chapter 14.70 as amended, this certificate confirms that the level of service standard used in the Transportation Concurrency Management program has been satisfied and sufficient road capacity is reserved for the development project described below. IMPORTANT: This certificate does not guarantee a development permit. Other transportation improvements and mitigation will be required to comply with Intersection Standards, Mitigation Payment System, King County road standards, and/or safety needs. 1. Applicant Name and Address: Ivan Halvorsen, Barghausen Consulting Engineers, Inc. 18215 72nd Avenue S, Kent, WA 98032 2. Property Location: a. Property Address: b. Development Name: c. Parcel Number: 6199000101, 3323059010 3. Type of Development Permit To Be Requested: Formal Plat 4. Proposed Land Use: Single Family Residential 5. Zone Location and Reserved Units: a. Concurrency Zone: 799 Community Planning Area: Soos Creek i. Commercial Project -Total Square Feet: 0 ii. Multi -family -Number of Units: 0 iii. Single family - Number of Units: 43 6, This Certificate is subject to the following general conditions: a. This Certificate of Concurrency runs with the land and is transferable only to subsequent owners of the same property for the stated development, subject to the terms, conditions and expiration date listed herein. This Certificate of Concurrency is not transferable to any other property and has no commercial value. This Certificate Expires: October 20, 2005 unless you apply for the development permit described above, prior to that date. If this requirement is not met the King County Department of Transportation reserves the option to cancel your certificate and capacity reservation. When you apply for a development permit with King County's Department of Development and Environmental Services (DDES), bring this Certificate of Transportation Concurrency as part of the development application package. If you have any questions, please tali (206) 2634722. Exhibit No. Dougherty, Direction, Road Services Dt Item No. __� C`� �� Department of Transportation RecelUed King County, Washington �^ King County Nearing Examiner L � 0 0 2'6 MAIN 0 0 BOULEVARD LANES PARK PHOTO EXHIBIT Wehrman Preliminary Plan King County, Washington Submitted to: King County Department of Development and Environmental Services Land Use Services Division �� 4- `� Y C H'%G o � h� ENGtH� Submitted by: Trinity Land Development, L.L.C. Prepared by: Barghausen Consulting Engineers, Inc. December 14, 2404 Our Job No. 11418 CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES ♦ OLYMPIA, WA • TEMECULA, CA WALNUT CREEK, CA www.barghausen.com 4 is r w Aim- _�-- Photo 5: Looking west at the entrance of Boulevard Lanes Park (December 3, 2004). Photo 6: Children's playground in Boulevard lanes Park (December 3. 2004). .►► PHOTOGRAPHS m December 3, 2004 44AAV t 1141S.011.doc. ,¥ : • » �7 « � w � w - 1 ! � 0 King County [Department of Deve[opmeot and Environn*ntal Services Lamd Use Services Division 9W oa&esd2le Avenue soug melt Renton, Wastangton 98055-1219 -29 -ss00 rnr 206-2W7217 1 Altermative formats available upon request File Number (To be filled in by DDES) I PRELIMINARY SUBDIVISION WORKSHEET RELATINta TO DENSITY AND DIMENSIONS I Several development regulations play a role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code (Title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre -application conferences are required prior to submittal of a subdivision or short subdivision. These conferences help to clarify issues and answer questions. They may save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 to find out how to arrange for a pre -application conference. Worksheet Prepared By: Brendan Madden Date: June 10, 2004 (Print Name) Subdivision Name: Preliminary Plat of Wehrman Property Comprehensive Plan Land Use Designation: UR 4-12 du/acre Zoning: R-6-SO If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. If a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of K.C.C.21A.12.200. d 60 C t. Please complete only the applicable portions of this foam L I. Site Area K.C.C. 21A.06.1172 also see K.C.C. 21A.12.080 : z o CD .:> Site area (in square feet) is the gross horizontal area of the project site, less submerged w lands as defined by K.C.C. 21A.06.1265, and less areas which are required to be dedicated on the perimeter of a project site for the public rights -of -way. 0 square feet in submerged land (any land below the ordinary high water mark — see K.C.C. 21A.06.825) + 0 square feet in perimeter rights -of -way which will be required to be Dedicated 0 Total M x UJ cm C CZ N C 0 Qq Check out the DDES Web site at www.metrokc.gov/ddes Subdivision Density and Dimension calculations focal-subden.pdf 12/10/03 11418.010.doc Page 1 of 6 0 0 Calculation: 315,829 Gross horizontal area of the project site 0 Total submerged lands and rights -of -way 315,829 Site area in square feet NOTE: To continue calculations, convert site area in Square feet to acres by dividing by 43,560 7.25 Site area in acres NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the following shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres in 19.5 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can be rounded up to 20 acres. No further rounding is allowed. (See K.C.C. 21A.12.080) fI. Base Density (K.C.C. 21A.12.030 - .040 tables): The base density is determined by the zone designations(s) for the lot. 6 du/acre Ill. Allowable Dwellina Units and Roundin K.C.C. 21.A.12.070 The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from K.C.C. 21A.12.030 - .040 tables). 7.25 site area in acres (see Section 1.) X 6 base density (see Section II) = 44 allowable dwelling units Except as noted below, when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of .50 or above shall be rounded up; and B. Fractions below .50 shall be rounded down. NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the number of dwelling units equaled 2.75, the result would be 2 dwelling units. Rounding up to 3 is not allowed. (See K.C.C. 21A.12.070(E)). IV. Reauired On -site Recreation Space (K.C.C. 21A.14.180): This section must be completed only if the proposal is a residential development if more than four dwelling units in the UR and R zones, stand-alone townhouses in the NB zone on property designated Commercial Outside of Center if more than four units, or any mixed use development if more than four units. Recreation space must be computed by Check out the DDES Web site at www.metrokc.gov/ddes Subdivision Density and Dimension Calculations lccal-subden.pdf 12/10/03 11418.010.doc Page 2 of 6 0 0 multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (K.C.C. 21A.14.180). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per K.C.C. 21A.14.185. Apartments and town houses developed at a density greater than eight units per acre, and mixed use must provide recreational space as follows: 90 Square feet X proposed number of studio and one bedroom units 170 Square feet X proposed number of two bedroom units + 170 Square feet X proposed number of three or more bedroom units + Recreation space requirement = Residential subdivisions, townhouses and apartments developed at a density of eight units or less per acre must provide recreational space as follows: 390 Square feet X 35 proposed number of units Mobile home parks shall provide recreational space as follows: 260 Square feet X proposed number of units V. Net Buildable Area K.G.C. 21.A.06.797 : 13,650 The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from K.C.C. 21A.12.030 - .040 tables). 0 areas within a project site which are required to be dedicated for public rights -of -way in excess of sixty (60') of width + 81,103 sensitive areas and their buffers, to the extent they are required by King County to remain undeveloped + 35,615 areas required for above ground stormwater control facilities including, but not limited to, retention/detention ponds, biofiltration swales and setbacks from such ponds and swales + 13,650 1 areas required by King County to be dedicated or reserved as on -site recreation areas. Deduct area within stormwater control facility if requesting recreation space credit as allowed by K.G.C. 21A.14.180 (see Section IV) + 0 Regional utility corridors, and + 0 other areas, excluding setbacks, required by King County to remain undeveloped 130,368 Total reductions Calculation: 315,829 site area in square feet (see Section 1) — 130,368 Total reductions 185,461 Net buildable area in square feet NOTE: convert site area is square feet to acres by dividing by 43,560 4.3 Net buildable area in acres Check out the DDES Web site at www.metrokc.gov/ddes Subdivision Density and Dimension Calculations Ic-cal-subden.pdf 12/10/03 I 1418.010.dw Page 3 of 6 0 0 VI. Minimum Urban Residential Density K.C.C. 21A.12.060 : The minimum density requirement applies anly to the R-4 through R-48 zones. Minimum density is determined by multiplying the base density in dwelling units per acre (see Section II) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the K.C.C. 21A.12.030 table. The minimum density requirements may be phased or waived by King County in certain cases. (See K.C.C. 21A.12.060.) Also, the minimum density requirement does not apply to properties zoned R4 located within the rural town of Fall City. (See K.C.C. 21A.12.030(b)12.) Calculation: 6 base density in dulac (see Section II) X 4.3 Net buildable area in acres (see Section V) = 26 X minimum density % set forth in K.C.C. 21A.12.030 or as adjusted in Section VII = 22 minimum dwelling units required VII. Minimum Density Adjustments for Moderate Sloes (K.C.C. 21A.12.87): Residential developments in the R-4, R-6 and R-8 zones may modify the minimum density factor in K.C.C. 21A.12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To determine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet in each slope increment by the median slope value of each slope increment as follows: sq. ft 0-5% slope increment X 2.5% median slope value = + sq. ft 5-10% slope increment X 7.5% median slope value = + + sq. ft 10-15% slope increment X 12.5% median slope value = + + sq. ft 15-20% slope increment X 17.5% median slope value = + + sq, ft 20-25% slope increment X 22.5% median slope value = + + sq. ft 25-30% slope increment X 27.5% median slope value = + + sq. ft 30-35% slope increment X 32.5% median slope value = + + sq. ft 35-40% slope increment X 37.5% median slope value = + Total square feet Total square feet In net buildable area adjusted for slope Calculation: total square feet adjusted for slope divided by total square feet in net buildable area weighted average slope of net buildable area % (Note: multiply by 100 to convert to percent - round up to nearest whole percent) Use the table below to determine the minimum density factor. This density is substituted for the minimum density factor in K.C.C. 21A.12.030 table when calculating the minimum density as shown in Section VI of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buildable Areas of Site: 0% -- less than 5% 85% 5% -- less than 15% 83%, less 1.5% each 1 % of average slope in excess of 5% 15% -- less than 40% 66%, less 2.0% for each 1 % of average slope in excess of 15% Check out the DDES Web site at www.metrokc.gov/ddes Subdivision Density and Dimension calculations lacalsubden.pdf 12/10/03 11418.010.doc Page 4 of 6 0 0 EXAMPLE CALCULATION FOR MINIMUM DENSITY ADJUSTMENTS FOR MODERATE SLOPES: sq. ft 0-5% slope increment X 2.5% median slope value = + 10,000 sq. ft 5-10% slope increment X 7.5% median slope value = + 20,000 _ sq. ft 10-15% slope increment X 12.5% median slope value = + sq. ft 15-20% slope increment X 17.5% median slope value = + sq. ft 20-25% slope increment X 22.5% median slope value = + _ sq. ft 25-30% slope increment X 27.5% median slope value = + sq. ft 30-35% slope increment X 32.5% median slope value = + sq. ft 35-40% slope increment X 37.5% median slope value = 30,000 Total square feet In net buildable area Calculation: 750 + 2,500 + + 3,250 Total square feet adjusted for slope 3,250 Total square feet adjusted for slope divided by 30,000 Total square feet in net buildable area _ .108333 Weighted average slope of net buildable area 11% (Note: multiply by 100 to convert to percent - round up to nearest whole percent) Using the table above, an 11 % weighted average slope of net buildable area falls within the 5% -- less than 15% range which has a minimum density factor of 83%, less 1.5% for each 1 % of average slope in excess of 5%. Since 11 % is 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%. This replaces the minimum density factor in K.C.C. 21A.12.030 table. Vill. Maximum Dwelling Units Allowed (K.C.C. 21A.12.030 - .04 This section should be completed only if the proposal includes application of residential density incentives (K.C.C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section III of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section 11) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units. The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section 11) of the underlying zoning of the development. base density in dwelling units per acre see (Section 11) X 150% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) base density in dwelling units per acre see (Section II) X 200% = maximum density maximum density in dwelling units per acre X site area in acres maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (K.C.C. 21A.34) base density in dwelling units per acre see (Section II) X 150% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.37) Calculation: base allowable dwelling units calculated in Section ill + bonus units authorized by K.C.C. 21A.34 + Transfer units authorized by K.C.C. 21A.37 total dwelling units (cannot exceed maximum calculated above) Check out the DDES Web site at www.metrokc.gov/ddes Subdivision Density and Dimension calculations Ic-cal-subden.pdf 12/10/03 11418.014.doc Page 5 of 6 0 0 IX. Minimum Lot Area for Construction K.C.C. 21A.12.100 : Except as provided for nonconformances in K.C.G. 21A.32: A. In the UR and R zones, no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero - lot -line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F, or RA Zones: 1. Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (K.C.C. 21A.12.100) X. Lot Width K.C.C. 21A.12.050 B Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, provided than an access easement shall not be included within the circle. (See K.C.G. 21A.12.050). k LDtwdt WWiftMe2mffenvmt I 1 I 1 I I 1 I Check out the DDES Web site at www.metrokc.gov/ddes Subdivision Density and Dimension Calculations lacaksubden.pdf 12/10/03 11418.010.doc Page 6 of 6