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HomeMy WebLinkAboutReport 1 5 of 7♦S' C t ` First American Developer Services Fax No. (253) 671-5802 Shari Workman (253) 671-5824 sworkmanofirstam.com To: Sound Built Homes, Inc. P.O. Box 73790 Puyallup, WA 98373-0790 Attn: Kurt Wilson MW A~rlwn 7&0 ZIAwranae Cal"Peany 2101 Fourth Ave, Ste 800 Seattle, WA 98121 Phn -(253) 471-1234 (800) 238-8810 Fax - Vicky L. Willis (253)671-5834 vlwillis@flrstam.cam Re: Property Address: Parcel # 142305900904 and 142305902207, File No.: 4209-214547 Your Ref No.: Evendell Supplemental Report #1 to 2nd Report Dated: June 16, 200S at 8:00 A.M. Con7mPt►nent/Pre1/ntineryReportNo, 4209-2.14547 dated as of June 9, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our preliminary report since June 9, 2005 at 7:30a.m., except as noted below: Paragraph No(s). 1 and 2 has/have been amended to read as follows: 1. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 142305900904 1st Half Amount Billed: $ 8,177.78 Amount Paid: $ 8,177.78 Amount Due: $ 0.00 Assessed Land Value: $ 990,000.00 Assessed Improvement Value: $ 372,000.00 2nd Half Amount Billed: $ 8,177.78 Amount Paid: $ 0.00 Amount Due: $ 8,177.78 Assessed Land Value: $ 990,000.00 Assessed Improvement Value: $ 372,000.00 Page 1 of 2 Date: June 21, 2005 File No.: 4209-214547 (SW) 2. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 1423059002207 1st Half Amount Billed: $ 877.68 Amount Paid: $ 877.68 Amount Due: $ 0.00 Assessed Land Value: $ 36,700.00 Assessed Improvement Value: $ 95,000.00 2nd Half Amount Billed: $ 877.68 Amount Paid: $ 0.00 Amount Due: $ 877.68 Assessed Land Value: $ 36,700.00 Assessed Improvement Value: $ 95,000.00 First American Title Insurance Company By. Shari Workman, Mle officer Page 2 of 2 Form No. 14 Subdivision Guarantee (4-10.75) * S t AMA • , "' ' First American LIABILITY $ 1,000.00 SECOND REPORT SUBDMSION GUARANTEE Guarantee No.: 4209-214547 Page No.: 1 FrrstAmencan Me Insurance Company 2101 Fourth Ave, Ste 800 Seattle, WA 98121 Phn - (253) 471-1234 (800) 238-8810 Fax - ORDER NO.: FEE $ 200.00 TAX $ 17.60 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company 4209-214547 Evendell Proposed Plat Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Sound Built Homes, Inc. herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: June 9, 2005 at 7:30 A.M. RrstAmerican Title Form No. 14 Subdivision Guarantee (4-1&75) SECOND REPORT SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: SBI Developing LLC, a Washington Limited Liability Company Guarantee No.: 4209-214547 Page No.: 2 B. That according to the Company's time plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or In acts authorizing the Issuance thereof. 2. Water rights, claims or title to water, 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: 6r � Lot B of Boundary Line Adjustment No. L03L0013 as Recorded under Recording No. 20040723900002, in King County, Washington. APN: 142305900904 APN: 142305902207 RfStAmeican P& Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.; 4209-214547 Page No.: 3 I. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 142305900904 1st Half Amount Billed: $ 8,177.78 Amount Paid: $ 8,177.78 Amount Due: $ 0.00 Assessed Land Value; $ 990,000.00 Assessed Improvement Value: $ 372,000.00 2nd Half Amount Billed: $ 8,177.78 Amount Paid: $ 0.00 Amount Due: $ 8,177.78 Assessed Land Value: $ 990,000.00 Assessed Improvement Value: $ 372,000.00 (As to a portion of the herein described property) 2. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 142305902207 1st Half Amount Billed: $ 877.68 Amount Paid: $ 877.68 Amount Due: $ 0.00 Assessed Land Value: $ 36,700.00 Assessed Improvement Value: $ 95,000.00 2nd Half Amount Billed: $ 877.68 Amount Paid: $ 0.00 Amount Due: $ 877.68 Assessed Land Value: $ 36,700,00 Assessed Improvement Value: $ 95,000.00 (As to the remainder of the herein described property) 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: SBI Developing, LLC Grantee/Beneficiary: Frontier Bank Trustee: First American Title Insurance Company Amount: $6,300,000.00 Recorded: July 26, 2004 Recording Information: 20040726002410 Fi stAnwncan rt/e Form No. 14 subdivision Guarantee (4-10-75) Guarantee No.: 4209-214547 Page No.: 4 4. Deed of Trust and the terms and conditions thereof. 6Grantor/Trustor: SBI Developing LLC, a Washington Limited Liability Company l Grantee/Beneficiary: David Nyblom and Debra Albiso Trustee, First American Title Insurance Co., a Corporation Amount: $1,000,000.00 Recopied: July 26, 2004 Recording Information: 20040726002409 The lien of said Deed of Trust was subordinated to the lien of the instrument recorded July 26, 2004 under recording no. 20040726002410 by agreement recorded July 26, 2004 under recording no. 20040726002411 . 01� 5. Easement, including terms and provisions contained therein: W Recording Information: 7507170567 In Favor of: King County Water District Number 90, a Municipal Corporation For: Water and Sewer Mains with necessary appurtenances 6. Easement, including terms and provisions contained therein: Recording Information: 7507170570 sue° `J In Favor of: King County Water District Number 90, a Municipal Corporation For: Water and Sewer Mains with necessary appurtenances Modification and/or amendment by instrument: Recording Information: 20040629000160 a/ 7. Easement, including terms and provisions contained therein: Recording Information: 9502230476 In Favor of: Puget Sound Power & Light Company, a Washington Corporation For: Electric Transmission and/or Distribution Lines o /C 8. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No, Dowl Engineers File #101-09 , recorded 950809908 of surveys, in King, Washington. c A 9. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment .� (Boundary Line Revisions): Recorded: L03L0013 Recording Informaton: 20040723900002 10. Matters which may be determined upon examination of final plat INFORMATIONAL NOTES A. 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. FrrstAme&Bn 771k- Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4209-214547 Page No.: S I. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the tide to any property beyond the lines of the land expressly described In the description set forth in Schedule (A), (C) or In Part 1 of this Guarantee, or tide to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or Improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth In said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result In no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which Is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to In Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements afibced thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to In Schedule (A) (C) or In Part 2, nor any right, tide, Interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage: mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date': the effective date. 2. Notice of Claim to the Given by Assured Claimant. An Assured shall notify the Company promptly In writing In case knowledge shall come to an Assured hereunder of any Balm of title or Interest which is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No (Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth In Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which In its opinion may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take arty appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so dlllgenty. (b) If the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the rlghG In Its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent posslble, the basis of catculadng the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, If requested by any authorized representative of the Company, the Assured shall grant Its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All Information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it Is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or govemmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that daim. Farm No. 12&2 (Rev. 12J1519S) FiratAmieritan Tide Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment or the Amount or Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or In the name of the Assured any claim which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount or this Guarantee or, If this Guarantee is issued for the benefit or a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such Indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4, and the Guarantee shalt be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth In this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated In schedule A or in Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limped or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditons and stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or Interest covered hereby as stated herein and the value of the estate or Interest subject to any defect, lien or encumbrance Assured agairhst by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the tide, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by thls Guarantee in a reasonably diligent manner by any method, Including litigation and the completion of any appeals therefrom, it shall have fully performed Its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4209-214547 Page No.: 6 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a daim under this Guarantee, all right of subrogation shall vest in the Company unaffected by arty act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been Issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name or the Assured and to use the name or the Assured In any transaction or litigation InvoMng these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company In connection with Its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability Is In excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may Include attorneys' fees only if the laws of the state In which the land Is located permits a court to award attorneys' fees to a prevailing party. ]udgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arblbatlon Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contras between the Assured and the Company. In Interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole, (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be resbtcted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the secretary, an Assistant secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form rlo. 1282 (Rev_ 1415/95) FrrstAmencan Me First American Developer Services Fax No, (253) 671-5802 Shari Workman (253) 671-5834 sworkman@flrstam.com To: Sound Built Homes, Inc. P.O. Box 73790 Puyallup, WA 98373-0790 Attn: Kurt Wilson Re: Property Address: , FnytAmerman Tithe insurance Company 2101 Fourth Ave, SGe 800 Seattle, WA 98121 Phn - (253) 471-1234 (800) 238-8810 Fast - Supplemental Report 1 Dated: March 29, 2005 at 5:00 A.M. File No.: 4209-214547 Your Ref No.: Commitment1PrWiminaryRep&tNo. 420--214547 dated as of June 20, 2003 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph No(s). 1 and 2 has/have been amended to read as follows: 1. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 6 k 142305900904 1st Half Amount Billed: $ 8,177.78 Amount Paid: $ 8,177.78 Amount Due: $ 0.00 Assessed Land Value: $ 990,000.()0 Assessed Improvement Value: $ 372,000.00 2nd Half Amount Billed: $ 8,177.78 Amount Paid: $ 0.00 Amount Due: $ 8,177.78 Assessed Land Value: $ 990,000.00 Assessed Improvement Value: $ 372,000.00 (as to a portion of the herein described property) Page 1 of 2 APB 0 5 2005 LD�, / K.C. D.D.E.S. Date: March 29, 2005 File No.: 4209-214547 (SW) 2. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 142305902207 1st Half Amount Billed: $ 877.68 Amount Paid: $ 877.68 Amount Due: $ 0.00 Assessed Land Value: $ 36,700.00 Assessed Improvement Value: $ 95,000.00 2nd Half Amount Billed: $ 877.68 Amount Paid: $ 0.00 Amount Due: $ 877.68 Assessed Land Value: $ 36,700.00 Assessed Improvement Value: $ 95,000.00 (as to the remainder of the herein described property) First American Title Insurance Company By: Shari Workman, me Officer Page 2 of 2 Form No. 14 Subdivision Guarantee Guarantee No.: 4249-214547 GUARANTEE Issued by First American Title Insurance Company 2101 Fourth A ve, Ste 800, Seattle, WA 98121 Title Officer: Shari Workman Phone: (253) 471-1234 FAX: (253) 671 5808 FrrstAmerican Tib4e Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-21-4547 Page No.: 1 ^' fnatAmerwan Me Inwrancr OZ94 any �+�+ 2101 Fourth Ave, Ste 800 First American P n - (253) 4771 1234 (800) 238-8810 Fax - (253) 671-5808 SUBDIVISION GUARANTEE LIABILITY $ 1,000.00 ORDER NO.: 4209-214547 FEE $ 200.00 TAX $ 17.60 YOUR REF.: Evendell Proposed Plat First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Soundbuilt Homes, Inc. herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the pmvislons of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: January 18, 2005 at 7:30 A.M. FirstAmarican Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Tide is vested in: 0� SBI Developing LLC, a Washington Limited Liability Company Guarantee No.: 4209-214547 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Lot B of Boundary Line Adjustment No. L03L.0013 as Recorded under Recording No. -- 20040723900002, in King County, Washington. APN: 142305900904 APN: 142305902207 AstAmadran TibL- Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4209-214547 Page No.: 3 1. General Taxes and assessments, if any, for the year 2005 in an amount not yet available, which cannot be paid until February 15th. Tax Account No.: 142305900904 Note: Taxes and charges for 2004 were paid in full in the amount of $7,280.03. (As to a Portion) 2. General Taxes and assessments, If any, for the year 2005 in an amount not yet available, which cannot be paid until February 15th. Tax Account No.: 142305902207 Note: Taxes and charges for 2004 were paid in full in the amount of $1,747.81. (As to a Portion) 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: SBI Developing, LLC Grantee/Beneficiary: Frontier Bank a k Trustee: First American Tide Insurance Company —"� Amount: $6,300,000.00 Recorded: July 26, 2004 Recording Information: 20040726002410 4. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: a SBI Developing LLC, a Washington Limited Liability Company Grantee/Beneficiary: David Nyblom and Debra Albiso Trustee: First American Tide Insurance Co., a Corporation Amount: $1,000,000.00 Recorded: July 26, 2004 Recording Information: 20040726002409 The lien of said Deed of Trust was subordinated to the lien of the instrument recorded July 26, 2004 under recording no. 20040726002410 by agreement recorded July 26, 2004 under recording no. 20040726002411 . 6 �C 5. Easement, including terms and provisions contained therein: Recording Information: 7507170567 f 1400 In Favor of: King County Water District Number 90, a Municipal Corporation For: Water and Sewer Mains with necessary appurtenances a 6. Easement, including terms and provisions contained therein: SifO Recording Information: 7507170570 In Favor of: King County Water District Number 90, a Municipal Corporation For: Water and Sewer Mains with necessary appurtenances firstAmwfcan Ti& Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-214547 Page No.: 4 Modification and/or amendment by instrument: Recording Information: 20040629000160'�NOtJ 0�- 7. Easement, including terms and provisions contained therein: S l ec7- -ro Recording Information: 9502230476 In Favor of: Puget Sound Power & Light Company, a Washington Corporation For: Electric Transmission and/or Distribution Lines 4 aLt 8. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey S-vdJer-T r-a No. Dowl Engineers File #101-09 , recorded 950809908 of surveys , in King, Washington. O 9. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment Su$IC-cTrO (Boundary Line Revislons): Recorded: L03L0013 Recording Informaton: 20040723900002 10. Matters which may be determined upon examination of final plat INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy onty 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. FustAff)&tan 7"itle Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4209-214547 Page No.: 5 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability fo r loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (3) water rights, claims or tlde to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described In the description set forth in Schedule (A), (C) or In Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or Improvements; or any rights or easements therein, unless such property, rights or easements are expressly and spedflcally set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result In no loss to the Assured; or (3) which do not result In the Invalidity or potential invalidity of any judicial or non-judcial proceeding which Is within the scope and purpose or the assurances provided. (c) The identity of any party shown or referred to In Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company- (b) "land': the land described or referred to In Schedule (A) (C) or In Part 2, and improvements affixed thereto which by law omsUtube real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, Interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Glyn by Assured Claimant. An Assured shall notify the Company promptly In writing in case knowledge shall come to an Assured hereunder of any claim of title or Interest which is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, them all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured Is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actlorts; Duty of Assured Clalrr nttoCooperate. Coven though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, Interpose a defense, as limited In (b), or to do any other act whkh In Its opinion may be necessary or desirable to establish the title to the estate or interest as staled herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. if the Company shall exercise its rights under this paragraph, It shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured In the defense of those causes of action which allege matters not cowered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any Iltigatlon to final determination by a court of competent jurisdiction and expressly reserves the right, In Its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee pemrts the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall ghre the Company all reasonable aid In any action or proceeding, securing evidence, obtaining witnesses, prosewHng or defending the action or lawful ad which In the opinion of the Company may be necessary or desirable to establish the We to the estate or Interest as staged herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to fumish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the fads gMng rise to the krss or damage. The proof of loss or damage shag describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of lass or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, If requested by any authorized representative of the Company, the Assured shall grant Its permission, In writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All Information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it Is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary Information from third parties as required In the above paragraph, unless prohibited by law or governmental regulation, shall terminate any Ilablltty of the Company under this Guarantee to the Assured for that claim. Form No. IM (Rev. 12115195) FirstAmeiican T&e Form No. 14 Subdivision Guarantee (4-10-75) B. options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or In the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee Is blued for the benefit of a holder of a mortgage or a Ilenholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment or the full amount of the Guarantee shall terminate all Ilablllty of the Company hereunder, In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such Indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase prig. Upon the exercise by the Company of the option provided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shad terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shag be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the option provided for In Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth In this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated In Schedule A or in Pan: 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the less or damage Assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or Interest covered hereby as stated herein and the value of the estate or Interest subject to any defect, Men or encumbrance Assured against by this Guarantee. >R Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, Lien or encumbrance, or cures any other matter Assured against by this Guarantee In a reasonably diligent manner by any method, including Iltigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurlsdicdon, and disposition of all appeals therefrom, adverse to the title, as stated herein, Guarantee No,; 4209-214547 Page No.: 6 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured In settling any claim or suit without the prior wrPoten consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attomeys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Lops. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely foxed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter, 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogaioiod to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the claim had this Guarantee not been Issued. If requested by the Company, the Assured shall trarhsfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle In the name or the Assured and to use the name of the Assured in any transaction or litigation Involving these rights or remedies. If a payment on account of a claim does not fully cover the lass of the Assured the Company shall be subrogatiod to all rights and remedies of the Assured after the Assured shall have recovered Its principal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Tide Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company In cannectlon with Its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Llablllty is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability Is In excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties. The award may Include at#nmeys• fees only If the laws of the state In which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbltrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In Interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Serrt. AM notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number or this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12J151%5 FitstAffwlran TiNe �i is w Z cn I-- CD Z 0 w I mmm >: ago. Al Y.." o .E no Tiii'_2 `� � �� v h i ul I �� � �# Q�� GG� �c4�zc��"i' •�}�}.�-. � g y�� (�¢� o� n. I� kt.�'� PrF i� amwygl �"�i��� � I •^C�•. j� tVIP v 10 JM Ila 20 ch all 61 407 l�i�' .�. ?} � ��„ ,`';h ;L~.�:� �� f! 0. tee.'` ::}'� � •� � � � � a qq a V•:� � I r�_ •��� h l c 19 E � I I ��_' •X � ya a» _ �r 4t I S I •:k i� I I i''•. TIti r Q) c hill In I N z m MIR ~ ' I W w b�07/WII3i1.9 oP1 Itl.a�ISE;z3Y��mr 0.6 R ; . IF AFTER RECORDING NAIL To. SBA Developing LLC PO Box 73790 PtryaHUP, WA 98373 Filed fvr Record at Of FrstA encan Tide insurance Company E2@57381 12.17 STATMRY WARRAMTY DEED He NO: 4215698 (KVM) 3 I ;� � PNMI of N! Dabe: My 21, 2oo4 Grantm(s): Robert A. HAW and Clydwae Moir Grantee(s): Sol Derol�ltg u� AbbreaMed Legal: �t �k '�3c�.� Lo.3I-oa1'i re(.+ o a Adddmal Legal on page: 1 Assessor's Tax Parcel No(s): 142305902207 THE GRANMR(S) Robot A. Mair and Clyderaa M &, IhusbwA and wV6 for and in consrderatron of Tan Dallars and other Good and Vahrable GonWdara*m, m hand paid, oomeys, and w8rrarrts W SBi DmdbOng KJA a Wasfrington Umlted l.laWky Crompffy, tte folkymng described real estate, sduated In the County of long, State of Washington. !Legal Desedpton is uUmarad 1K4+eto Mid made a put tlmmd Subod To This ommeyance i& subs to ommnnnts, aorrdbbons, resbxbom and easements, if any, of bdM title: which may appear in the pubhc nurond, indtding those shown on any r'eomdW plat or sun oey. TF�a ; � Robert A Merr Page t yr 2 LP&f4 7/97 .2 APN STATE OF washmgbvn COUNTY OF Preroa } Dow . ao f* No 4 (Cog DM* 07121IM4 I certify that I know Or harre satrsiadcw eyWerioe that Robot A. Mat and Clyderae MMr. Aare the peraors(s) who appeared before me, and sand per5pn(s) adcnovvled � untrument and wed it bra be h�f�erjtheir fine u voluntary act for c�a purpsgried oses menboned In this InstrunwL _ 7 .,r r'► v M, !t,! V. Miller .. .... Public in and Ibr the State of Vh sNrKitm NOT,4,q 'rO'• � Residing at: Sumner My appointment exp res 10.02.05 Ate iq Page 2 of 2 LFB-10 7/97 EXIT= A Lot 8 of Boundary line AdpjmnW No, L03L O013 as recorded under nxardmg no. 20"0723900002, In Ksg County, Wasfur gft R AFTER RECDRDING MAIL TO, S,BI Developing LLC PO Box 73790 Puyallup, WA 98M E205737g prmMt Elif M! PAW for Record at RequCst Of `I�+r lt# "+• ■ .f AbtAw*va T� First Amerman Tide insurance Oompany AMYROM cm*ww STATMRY WARRANTY DEED He No. 4261-421N9 (KVM) 4' 1� Date. My 20, W" D Grarftfs) David A. NVbkmn and ii cebnJ_'L. JUbbo G►anb*s) SBZ Derwe Wng LLC AbbM aced Legal. Portion of NW */4 of SE 1/4 of Sec 14, TWp 23 M, Rge S E, W.M. Additml legal on page: 1 AWess S Talc Pm del No(s) 142303900904 THE GRANTOR(S) David A. NVbkm t and Debra L. AibMq, hwbwW and with for and in oonsEderaborr of Ten Dollam and Othw Goad and Valuable Cmuklaradon, m hand paid, mweys, and warrants to SM Darneloping LLC, a woodmigton Unrtted Uabitlty Company, the Ong E#ea bed real estate, mutated in the County of King, Stage of Washington Lot B of Boun aryl Atqusdnent No. L03LW13 as recorded under mm*ng no. . in long County, Washington. Subaect To This commeyw pe ES sublet# tD cmenants, cmxkbarrs, msbxbm and emwm tS, If any, g tm% which may appear Err the public reaord, including those shown on any worded plat or survey. L7N,:1AW, � A I I`� . pmefof2 US-10 7/97 APH 142305900904 STME OF Washington COUNTY OF PMce sMXtav WdYt" Deed . CM&K end )-ss } Fib MD 426%-42im (Kvm) Dde 07/20/2m 1 car* that I or have wb*ctmy Ondenee that David A. MyWorrr and Debra L Aibko, w/are the Perms) who appeal before me, and said p mwn(s) admowledgd #W he/she/t* signed ttus insMi ritnt and adonotir{edged I to be helherAbor free and voluntary the uses and purposes mentioned in this instrument. Dated: `t! �....���1 K V. Miller mil► V.••• t�ry Pubk in and for the Stable of Washmgft ReSidlngat: Sumner NOTq� MY appontmnt eapes 10 02,05 s �- f Page 2 of 2 uV-18 71w Name Rw trer Bank, Taconm Reef r-51, I Aftm 11M Commence St. Sute 600 OtY/-%ft Tacoma, WA 9W2 Document TRWs) (rep towwbow aron ,d Owen) 1. Deed of Trust Rsfe encs Numbier(s) at Document Assigned or rdeesed-, 2 °ere r� LLC=�RSTAMERICM Y r l Addy xml iffwmtxn an page of docticwrt r 61�n1�e(s}: (4�t nine , then AAt n�n+e wd ,rd�e mfto 1. Frontier Bank 2. First American Title Insurance Company (Trustee) [ ] Addfionaf mdormafan on page of document Abbrevifati LegM Description es follows, (I a ktfok dvpw or gwrler/gtw" Lot B, BLA No 01 p,Z Assessarr's Prapertir rax Paimcd/Account Nundmis): 1423069009-04, 1423M902207 [ X l Complete legal dmcnption is an page 2 of document I am reques rig an dnergenry nombri lard recoi+ding for an adM onal fee as provided in RCW 36.1E 010. I understand the neaordirg, prnc�n9 requires m& niay cover up or atheiwe�e obscure same part of the text of the anginal dnt ocunt. Ya afHie P&4ChdQ0f*ftM 7h&stkat xWwtmOjWab�rn��tb �v�+ponpbdhOwL 2004072800241ff002 RETURN ADDRE99: Feant1w awc Zbaonwi how aa1�M 11OP COellnrow at., >suos am CONSTRUCTION DEED OF TRUST DATE: ,ray is, 2004 Reference a (if appbasble) I&BZKKQM Addoonal on pafle Granto(s) 1 SBI DEVELOPING, LLC Qmntoe(s) 1 Frontier Bank F FIRST AMERICAN TITLE INSURANCE COMPANY, Trustee Legal DownXion LOT B OF BLA NO Zoo t-40-1 Additional on page 2 Assewor-a Tax Parasl ID# 1423050)09-04, 142309-9022.07 THIS DEED OF TRUST in dated July 15. 2W4, among 881 DEVELOPING. LLC, whose addrass 10 PO BOX 73790, PUYALLUP, WA 90373; a Washington iJrMtsd L k"Ity Company ("Grantor•): Frontter Bank. whose nta9ing addra w Is Taoome Real Estate■ 1102 Comnwros St,. Sults GOO. Taooma, WA 9840C2 (nW rred to below someWms as "Lander- and somedumn as "SMMRolsry")i and FIRST AMERICAN TITLE INSURAMCE COMPANY, whose malting address Is 2101 FOURTH AVEMUE. STE 800, SLATTLE, WA oa121 (refined to below as "Trustee"). 1 o.ow DEED OF TRUST (Continued) POW 2 CONVCYAMMg AND GRANT. for Vokrabte oausldwaUW% Grentnr owtrrWe b Ttnrahs In test twft powr of qeh, nVW of entry and possssaron and for tram bw MR Of" k as Satafrmay, aN of ArarMors nptrt, tyre. and rhtaaest n and b tths ufeaorried root pnoperiy, 1 V-- WWI w arnquhp or subMquseay wooled or aRurgd bu*wgs. ,ww sad toh..s..p gsserrhwaa, erWrq of way, and all wMer, rratrhr rrpflla rtaWr rtfllhts [noh,dna rtco. n etkbss VAM tlaofl or wrgaticn ■phW. and all Other �eay;1ese�er,d v to to ttre red WWtI off. gas, oealhnmd and erwll ("M M "aMt P �») IodlOfad m )C1N�ot . 8Ltb0 of eglan: LOT B OF 00UNDARY LINE ADJUSTMENT NO- L03LOM3 AS RECORDED UNDER "ECORDING NO. d IN KING COUNTY, WASHINSTON The R@@I Pn*wty or he @ddf+fst I* commonly knMM &a 13NO IWTH AVENUE SE, RENTON, WA 9SOM The RNI PropSrty teob idefrtlf ethm ntullbw is 1429054MOO-K 14230 5-9022-07 c>tinrraor arwr Errs ss ssouaay >d Lerhdsr, .� or aranror. n� title, ernd retarget n artd n an leertee. Rants. old prays of fed pe pe ia, perlroerap ► Aed m eoao+rler►ta won FI�W 06 us W/u. ttie hen rlrrled by Mw seerpnrnwrt a ofx7•leeMended tpon the rrmodrip of Wra Degd of Trust Loyola VajWool howtoli w Grantor a Irowhee a a0rgat dill or pert of Mx �' be revoked at Landn's oplen end W M br aukmv Wy rwoksd upon aoowwwmn THM OSEa OF TRUST, MLUDWM TM ASMMp ff OF REMTN AND TM @ECLOWry PfTMFaWf IN THE PtW" AND PERSOMAL PROPERTY, IR *W M TO ENDUM (A) PAYMENT OF THE WMEETStMa AND PERPOM ANEL CIM OF ANY AND ALL OIGATIOIfM LIr M TM NUM TM pWLAVW DDOLMEM S, AND TRO Df� OP TRUST 17" DEED OF TRLWn 04CLUONS Tfm AD@KMNEJfT OF PWWM AND Ma SXClJWry NtrWMr M TIM FA Mfa Alm MORAL PROPERTY, iL ALSO GIVEN TO SE UM ANY AND ALL OF OPAMTOWS OYI KiATIONs UNOER THAT tMWAM NSTRLIcrRON & LOAN At1l MUMMOfT off WIN GR^Mj*fR AMts LENDER OP RVEN DATR IEFAUPTH. ANY EVIRff OF DEFAULT UlNf THE CONSTRUCYION IAAN AOAEEYEItrf, OR ANY OF TM RE ATED DOOUklrMfM PMM9ERRMD To I R. @HALL ALSO SE AN EVW f OF DEFAULT UNDER TIES DEED OF TRUST. THIS DEfriD OF TRUST IS GIVEN Alm ^CCEPTED ON THE POLLCrAMM TE RNW PAYMmfr AND PIM111'ORMANCE w dlhsrwlae pr&A*d n Was Dour of Tnowk Om" dndl pay to LntOer all amounts somwed by sue Deed of Trrut� bsoonhe due, and shsr sahoMy and n a >fnNl► nrarsrs► parforrrn ss 0t erritlorts oblOMMM erndw the ROM. Whys Deed Of True% aid rs PahHsd DoounorM CONINVAUCTION MORTGAGE This Deed of Trust r a %0VINV abbon awr%pW for the puposss Of Seobors 9.3sa arrd TA-904 d rus Urronn COnvrmvm l QodR M *0ft eeabDrr have bean edgitrd by the Stab of vw*mm Wkx PO ESSION ANDed by 111AWE fl MM CWj MS FROPERTV. Oranlor prsaq riot Grar>bra. Pngeorrran and uM of >hq Prgiwty POOGON ran and Llgq. Until On 00011rnnoe of an Evart of DaMull. Ow for may (t) rwow n pgaso"K ri and oorrlrot of WO Property. M use, 9% - q Ie or morwAp to ppereopperary. wed (3) 001M the Rath from the Peopary (ins Wwdeps a a brne - kern Larder to Granby aunmagorlr rerofcealtipm dMWwM The iMowo protaaena rslas 10 we ues of tls PropwV a l0olher brrreatiorrs rhn the PInPwy The P SO Propergr is not road prumpally for avroukiral pufpoers Duty ie MakMaet. Armftr shay ►rrerrtan the Praparly in lanantabie oohhtktirrr and p olq*y pwhrm at repairs, rrpteoepherra, and rtaoilrowteae rsowaary iq pro"" rta vokw or � on W�6 frq Prgpwgrwor uNkor her , � crPm Pry raaww" nor oofflfl perrra� err niter MV strippnp of rot rgnrve, or Went b IwW orotr W nw 1�Irny IN WA *re pa+watay of the foreparq, Cfranlor will f+r4y pdMl io r+m0vw any trmbrr rrwwrar. (ffxks h W as and Ps). �. day. wow Otiti d at rook P wrrrourt Landerla pnor areas c ap re i Larders Priorw shall nb ttr va1dainolial � ny a aknprovamorAa kom the Ree4 Properly wrryott enparranw aaksawbryy to Larder b replace such �rrprrcvwrtertta yweh irpoventwtta d IaaM ptMi Malt e to n+etoe a Landers RW io btsar. Lander and Lgrrdsrs agwm ad may craw Gluon the RW Properly st ar rsss er la till b af4nd b LWKMN i anI ale and In nepeot�Mcparly for pwpoegs of Grarrrbr'ha otxrpbaooe warn tha lwithe and owalraona of tfhs Dead d TWW by as , tormuft or o1w persoe nwwntW � MArerhtor .rl.11 prort�jr 0cnpy, .rid atttll peoepYy�oaate oornpkanoq Who Property n any norther, wi h all Moves, every a r lftnd VSGL wftatsoaver who mare, loose or oolgi ueeof 92 � 000u'y aulhonbaa applicable b Vier unse or aomgxnW PtvpwW,, rholu I Q wdhm t Mar- , . Ow A �arw WA1 Dwabdrio M Act aranmor rnsy corns n Dow frrh only awoh law. ordnsatoo, or rowAsuon End whrhrhoW owryalraroe dump ery in.nALWIVPi pate Dadahb Dada. 0p kw* me Grr hew notified Lander at 1MiMVb darp a0 old a0 Port sdequue $*—,N r or a su►eb rsm—Nd y napateo fo l —d-. fo P1 Lwder.= Mqu" Gror*w b Duty to Pnotsot QMr*w &WON rmW w b able don or @ewe u whonded the Properly Graumr shrill d0 al other ate, rh s idiom b MhOfe ode sot forth above er 1hs egobharh, which from #w altsrs olar and vas Of the Properly are ressmeby nsoesev" b proleot and PANNKVe the Property CanMnrebon Leach If aoms or err of err prooeerh Of err loan OMOM are hubiblednwe an to be used b aanrbuct or oowfft Doriftuabon to Now M [air a e o rn els cn so in Larder • the Mtiphorernent• star bs cpuptetad no MWr roan Mho and eopsrrse M 0orssrrdon wart ww work Loader errs drab m* kwP 9lorMr easonably aNa 14 -and Arsrrtcr efhar pay n iaA all ooarit Lonowr Ter' �n r�ot�lf� Proceeds lDm of h irstrwh and Pave pn arha ere err PM@ftW bone, end iudnp o1141 cal r lt"MI eurpptiws work"m �tlne Dee? L Trust afar tsve pnorAyr over dabuswnart -quests be euppmted by noepled bfe, eafaerse sfbdavft. warn rr— t of ay �0oarrMtio l peopr s eeporh and such aura doocrttnhWbon as Larder may reaeorwft rs¢sst DUE ON SALS - CONSENT by LEMOM Lwrdw mass, at Lwhdw'a opbm% (A) declare evened cloy due and payableno sour eeourod by two Oesd of Thatoorht or (a) waee tits nor" raft provided for in Ow Nola or othor dooli oil honp h ndabadrwm and impose auroh other oorndrbono as Lander deemr.Appropaarb, upon *w soft or brush , wwwaa LMhdeta prior wndn Ocroont. of am or any Pert d es Rod Property, cr &WsuI s in rha Red Property A *sale or brarradsr meerne Why oortvsyarl0e of nasal Property or any aunt, We or anI - I In the Red Prapwy. whWw k94 bwwh rd or equAabh. whalw vobrMery Or lnvOb+hfsry, orharher by otMrrpht sale, deed. a»1alirr erd sale oonbacL bmd oarW&% O0rnlra, for deed, leeseehold aleerset wlth a brhn Drsater seem fires M tie, NGOO-op6om OOnOWt. or by We, "oovv erk, or tswhr d airy tferrsfrest 20040726002410.004 DEER OF TRUST (Continued) PEOG S w*mnwn Dr b eery land Vint �wmdpttf M* b the Rod PlgWly. orbyanyarwromWtod a arxarmyrme and an inhered n Mw orvnmrahP Y mom rytl "; �• a•��+trf+q o► I.bd gr pgxpna. uarMNr ,u.0 ncRar� eery ohfanp. n bsmnw4" PrrosrMyw%) of ova ubs4 babty * nlpry Peaabrbsd by fedww lawor by VV*eh l ptlonronlor tier fir' sew apbwt ahM be by i d such rxwonta is TAXES AND L.EM. The foeowrV protremm raldrtp to Vw tetras wd Inns on Ste Propsnty are part ad Own Dead of TWO (*�oMtdww +� erPRY d A ", buss end n kmApe (end m al evwft ad en VON when dew ate chLww Rw wo dmw an or far Mwvomw rendered for pay b tAi Pe ' a ohm vmwftm to Property free of OR bee havng pnarrgr over or e*wj to the s"so of Lender Under ihm Deed of Tnm% MCMW br the Bert of t exee and amseeerawMa rod die rd - , p p Y oMterteee p onaed e1 1he Deed of Trust Omar" aw +ew*m*d payment Of any bx. aseeeem v. or a m, n oarnrarcn welter a good itnth *W as a maub d � b ppfebpyl. so tfutp as Lenders rawest n ih• Praperltr as not teoprdaad K a ben araee ar a (15) days edtar Orrrtcntpsow mynarsrttr (v MdrtVw tor altaO taeltat Mmen (im d" d[r Mw ban rest or, l a Men w *wick w*m tgosm Larder cash or ■ OLdudaht aprPorWo wrmV b wo or artw d bs MaR Or f era n e r in ma Larder. dadf - - iD d0dwaa t w ben Pm eery a ate mW �aym, loft or aMr�f y b sommb LsrtdOf N1 bYf er�lf a toobo rt o Ode under Ins hen In any canlw t, Omar rw shed Osferttl dmw and and"embef es s rssdl e a Vonsaloetrta or n the oortdssl draFOW MINA rwtr Lender se an addd orW n any V WA bondpKlgww before atrMpse under eery euteby bond fianMlred RvIdsnee of Paryt m . GWardw Ohts upon dwrmd itaneh to Lender Odrskmmmy wdwme of payment of thb t bm or aeeo�a�Me� edge aaaemrttm fee potrrrarw*W athcal 1D dekvar be 1 smelp at any tins a wrdmn WhAmrtartt aeeeeemsflle a�fnetv(y Nutaoe of Oon.WuWcn Omnbor shay no* Lander ad Mist omen (t0 days bsbon any wart[ a aonrnwmed, "Mme ame *ww* md, ar eery matenslt acre @Lq*od to the pmpwV. l eery meohwxa4 MR trwdw aknerYs Men, sneer r a ettan Met a0ald be smwftd an roWWA of the watt!, services, or mabwels QrarMor were !epos ragtaeeb of Lender ftrmnh IDLa dadvance mam m4am ladisaDry lber LandV" border aim and waM psy bhs cost d such arfovsrn PPROPMN" DAMAGM INyURAM K The 1akwaV pnsvaanw ntatrep b sw+mR 4te ProPwly we a part ob [tee Reed of That MLMYnwtaroe d kuwmmm GWdor shey and lntnbaar paboree d fee armmirwte wdh atradttd wpe ta ax[srdd am eomk"errrman a der rakers baste br trw Ira ee wwable value awm. ea on the Iced poly n an ammo t stfhoara to avoid appbny mam of aoomauranoe abara6 and vAm a lft -m ortmw otaua in tevor of Lander Qramw' doe ale PnWWw Md mmwAMat oaryAbterrerra preral rrurwm n such awara,pe.rereads m Led•► rnaay MWOW wM TANUM Mind Lander —ft, .—.— M aalreI wwufwb an wmh bWx* retranoe pdraaM �mNmw- Cirstibr atwri abhw nKmanoe. nokrrI v but root IrnAed b hazard, bnweneee wAwn47b0M and mRr rwanebby nrgtaa PgMcrss d" be va*m in fomti amm tl Do and e and basis reaeonabhr aepypbabbe to Lander and mooed by a oon pnny or carnparwes seasonably miapa I W - abspa. Wm raqudW of Lrnler, wS dsWar b Lender son line to tama " pokaum or esrsteades of aaamance in berm saMfaobry b Lender. wwkxbm skmeman s that ooverapss wind! not be psrtoseed or dffnnm ad wam►k at Meet t udy pal days Parr wmmn nabe to Lander Mach eaarmiryfe p0h*y also ehai etched. an Mdmrywnwrt protfrd•tQ that aovwaps m favor d Lender wMl not Its [spaced n �ry ttrlqr by wry cob, omaamn r dsfuuk of OrWaN or ad COW pwaM dhratld #w Fterl f'ropwq. be baoaled n an Mist dewPtaMd by the Draw" of the Fedwsl a WONnjr NMnspsmrtt Agency am ■ specal f cad ha2wd sea, anwAar b cbhm end raeram Federal Rood inuou ce, f avadmMa, tf Om p days ttPW nO at sti !tern and under [tat fw Property K boakrd r'r a speoah IkW hazard sere. doer the AN u�rd pnrrxPM any proper tern on itu pKgxwW swou ng the torn, up b the matonw m paw bnwb set utd•r tbas the [Derr Plod UUMI row Or meadgt wrwrM aawud by Lerdw. and b lrrsrdun Much wWWwtae for ttw rim of of PrcoMda Grador shay prmttpey no* LWOW of eery top or daetps b TO PrOpedy Lender merry pnxtf a bee d drenrbr tuft to do so wise[ WWW CIO days of the *awaalb VLRetbwr or not Lwndsrr■ oborn d thew • Mt Lartderlt eiaokotb. noerve mind slaw ttw proceeds of ay raurarwe mind apply the proceeds b P m nKk ft Lender # ed.or Payment of any ben effeclnp On PMMW. or Ow resbsabon :rod reps of to dwboyW knpnwsnnwef n n row faMbMs b raagprmitton and nwpsr, CMrwww Ones sparer or replace Z dtnrrspsd ex Pay on nesrbtnw Onwnbr *am fa proceeds*wI * nmowmmLmoda oat of �t proof of such atpwtd A% under ants Dad of Trust .r r eeslorMrrt d Lerarow w not m dadaua Lan w hit not o f Tvj&t ny a�da wtroh has* not been aoxm* tl wrest lW dm" @Mw. *wr sharp[ ad wlrah LAndWr tardy rte Dead al raper ar neebcraabn a In Pmpwty Mtas be used oat tb Pay snw m mutt[ atyreta to Lond m of m o Em Deed Lender 10 ho rawrMR and the nanarder. M any, shW Lw app wd to *,* pre�cfpN Merl) be pad wdha4 [tweet to Qr dW aM Geartb s MM mpy apxwmb t st f►+ a the kldeberdnpe, Such praweds Lwwfer as * arch Po� irsnos�r. hawwar rot man tlwn once M year. tiro n ones hmwsh b the snnunM of ate aahwn a (t) [tts nttrdee of Mre nwaar, d4) m rrfos arwansq Is) sts pnopwtir nsund, tttm Mtmn aurnrtt r�iaawrtsre rslraa a such propsrq., and sheof mtsrwtw sdspwidwe eWprarssr eabsbacbry b dirlemrww Ito omh Orman Mall, upon n sgttasl of L wdsr. have an rspivawrrert oast of rfe Piaperly LENDOM f� M try stenos or ptaosadetp at awamertoed that world r�r affebt Lath W* elletaet n We P`mPmlY comply vrMh cry provetpb d dews Deed of That or try Dootanana, wd*X M but sat let elt4 to QM tft lsdtre b 0radMQ6 cr psy when caw any amotnt Orwmr w reputed b or pay under Via Deed art Tnust ar any paMlyd Dooumtwas. Lw dw on rirantars bsiwd may (but strode notbe ablgsted b wry aebm that Lender I- aPPnVnate. noludtrV but not Mnrad b dwttwprrtp or pryanc all tense, bate6 asaany atlsMgbs, wmrsnbrarmms and aMhar calms, at any IN Or !cured or paced an the Propr>sr end petysy sty coats bar rOMM nararrrtp end Preserving the Pf cP V AN such expendairms heats from the dots edrmrwed or pad by LA ndr for such purposes wr fawn treat o WOM st Ow raft carped Or Peed by Lwr I to ntr deem of npaynks; by Gm tr AN euoh aMonses rya bow. a pert at the bxMbtdnew end, sd L.wmlWa comps vrry (A) be payable an dense (5) be added to ttte blame of toNote and be appal nnsd amortp atnd be wyabta eaqt wry rtseasrnant puymw+r 10 bacon due dump imam (1) ttw bwm a d V end -ffwom al go pday or 00 cis nnarDn+eaterrdrrrtapf berm of ate Not, or (C) bus bssMd am m bsMOM vnnteh wdt bm addam b Me ewer rtAha and remedies vrhnoht LMrrlrThW eta wry wanes PmYllm a ptass amount �nyht *W bs n maV be en1MMd upon DOW* WARRAMYF DePbME OF TM-0 Thm foeorm Proveawe retslrty b ownwo p a e» Ptdmv ama pert d the wad a Tnmt Two. awarkw warrants rm (r) Q'w*m hold* flood aye nwkvtW* tree CIota f law e praMW in {ate swpM, from and clear of all hww and wtotanbrrtmces ago# ilwr► tmsm sM fnnp in to FUN Peppmty tlMargam or m any tees 200407260024i o.006 DEED OF TRUST (Continued) pace q of �C � ArNWOM r h'W 6" Meson aswand wo d n Invo of, cepbd by. LSMsr n o�rWMXM WM tM bend QK pewar and auftolty b aoraoraa end dabvw rtra ad Decl TrW b L now Wo Pro 49 iOSSMt ' p - I to o --- of " pinups gip` �• a anbr warranty and will ib►ww dstsr� en tft b Grsrrtoifa title a the rnferwl of Trues or L Mcbr under pea Dead �of atrtort a• -s craw snr quMAW exPwne Grw*r may be Me rrommej party n auoh TnaMl, , A , oh anus d rma lb aoron a Gran#W proonedarp vend b be reptenafto n to poweedasp by of Landes own be a W G r paw& doe n or Oaths b ba C%hvared, b Lordw such am %rrAr to ae Lartdwr �1°1°4 erxt Grraor tMrf debvw, w ww4r h'9r+� �� nerve b lame 1p Derrttrt such parbppmiron C0rnplrerrea Wih Lrww L#rrll0r Mrarrrr lhit Mla P�op.ry fend �irirtfofa tree Of fta ft:aperty poAV" wM M OXNAM minprcabts laws. OOMWWea, and raprfetwo d Youanaarrlaf auM�orAaa Sur— { of "spreeardavorm rand WArrenbfss All r'ePraaerrlalrcrm warrrrlrw, vend Ms made by Omar n On Dwd of Tweet ehaM arvrw toefNatbon anddereeryy of fee Deed or Tara, OWoorlMrwtp n rsrritaw, and etren rarrrsa r n Rrr kw"OWaged rnM suchWma LirarNpeie kdSbLSOtiiss @W bN pod n 6A CONCMMATION Ths toflowetp Pu re ►sisL*rQ b corldarreriron prcoaadnpe min a partat tlrs Dew of 7rtrl a1Mw prarrrplly tska MPOO eir� nmasywtdsmnafon of rMd, [irankx ahsll OraP�M r+�h Lanier st wt�tln0. and tinrMor IrOnlaral pRrty Rr aO s cea bra fo cWuW to &MM id d7rn f to awed mftr may be Ufa prgoeadara, lLil7o n tra Prooeedrrsa bV atxrrsN b p d ds overt otnna ON d Grsraofr artrcde n *AMAleoawdaN and b late rbe deli d a et t rtdar euctr rM1nNtMnb and apreM. and Mwrrfor rdl debvw or Oaraw b g., sdto p doCrmMmihOn a rtray be eaglMatrd by LArsder from truer b tars prltx Ruch Appflo Mwn of no Proesaei k ar or any part of to 1'�b era Omtdwrrred by amaMm dornwt pros asMW Or by any Pro0webrrb Or purchase n rau of owderraraarRt, Landes rrmiy vet fla atacron raqura this of a wry Polsort of the rm proceeds 0f fw awani ba wpPfad b tea kstlabseAswee Of fta repo or faatOraaon of to PMpWv The rat Proceeds Off1e awrd MW nnan ter swat d der payl,m of aM raasormob ocets ggmlpa, and aomrwW few rrarrrwd by Tirwbe or Lrlder n d ownscron WIM 4rw OM WMMft r NWPCPGFMN OF TAIL '!M FEM AND CHAAMIM GV O rAMNIMfINTAL AUTHOIVTIIff. ilia taMownY provemw rdslnp b tfownnMrN%I trees, Casa and chnrpw rw a part of there Dead of Trust Cr nerd Tone, f "ertd Charges Upon rw IMM by Lander, QtarMot old M WOM arch docururtfa n addraa IDO N Dead of Trust and d fwlrafwwr arm MOtron M f**Nmftd by Lander b pvMW and scums Lon der*e bur an fis fled Property Qnartor a" reettbrase Larrdsr for all twtoes, as aesonbod It aw, kgMlr won aLt siparsw natnad n tars Deed of Dead a,axlludnp rwor.fr,rtrN Deewtlnut earugw,np tnrtntron w teas, few, doranomy e. rp T►ua Tloeaa The fdlownp ahef OOMrirY Msaa b wfaon fee saoron a= (11 a apworbo WX tpwr thM type of Deed d Trust o ss�rrinrrrrn door Part of ow rtdeblacim" Reared by ton Dead of TrusR M a �Pwawo tax on Grar+br vANd Gw a lax on terra 4PN of d iltMI to td 4Orn an ter kclebo Msaaa aso red by Van type of Dead of Trwt m fM or any Pamon Of to rdafwdrea ar�dsscwOff Pere anq M NUK rmWed Viand ({} a tpwriro tag MMtriv the *&No aim a& an ID wholtp, of Dafn/t ird Land b pre tlafa Of tns Dead at Tart, Itsa On tivw t of DMKA a prwdod below unless Qrrar arrrar l rW' e°Ge1Ore I s1= w as of becomes. e .clvlble vrvt a iwe for "'masts *0 fix a Provded wbove n tyre Twroaw and Lrarta (slot M and dapoeaw wah Lander cash our a �*uft or (RM norPO4 auraly bond actw eeaatty 600116 Cory b Larder W1VUWV AQl NT, f0lWV4G fQ &TATLMfM The ldlonrrrp prorrwrorte rsiafaig 4 lhW Dead of Thrt as w aaoLar/ aprearnwtt rw a pint of ter Dead of Th M Som ty Apewernw►t Tina artrrarrrsL Nrat corralrpas i dowry Aprewaruwt b ter eruMrtt wry d trw Prcpsny oorMrodes b tbrrstt arx! Lrude ne t>n7rr atraf new d d ter err Mw d w recrrRd parfyr rrtdar tla Urefonn t: orrerwrorl Cods es eflMrafad iron la Awowfty Irrlerwat. Upon "quest by Lander. GIVNIO r *hW tales whwMMr aobon era requested by Lengp to; I and ocr run LafxMfe eeounly ntwad In flow FIN and Praawf Property In add6m b 1acordeV Was Deed of TnNt at ter reel pmWly raeorda. Londw miy, d very fella and w*wut furtnr wAhcm=aon bO" Qmrrfof. fle erraouted eoumarlmok acPlea or rwproduprcrre d few Dead of Trust a a b wwM stefarrrMtl Grasper enffi rarrberRe LrerafRr for all wrq erMaa norarw! n perLectnp or mrrrMalp its,eaauiMy nMrwt UP— dehtfC Grantor anus not frrrmiortd property Mom ter Properly upon depadt, Grrrnr chili aaswrtle g ewer or deMros to Progeny n a rrwraMr and at a plaoa wry pwmdo properly 1b a mjw b tees face {9j days sfler MONO d wrran lrm LgLwrdarlo OW . 1 ppwrotleed M available b LMder wrfwt fla asomw Prf►Md heed of Thiat Lew �a Qeeorratl patirj lean +uRu nfornrfa�r� am as a Msd on the fast nrwy Obtaared (awoh of lOgYa0d by tfe Urrufolm Dararlereel Gbda paper d dire Dad of Trust FUINMbt ^IGURANoea, ATTORMT414 PACT The %Nowmv Proareora relstasp 24 framer asarrarspee end are a part of !as Deed of Tnwe d*-W, Or t�W�� b ba 11Mde, MaKK Md or delivered, b 1 m WarWM ms b at ado Gpg 1 . NMI IAw1te. elfe0lMa arld Lander. Reuse b be, fled, by reamla4 relied, or Imaccm eel to the aw e• arrd when ehquwsfd Places ie Lwrder fray dery wPYrOPrab6 airy and mill such rgrlr ba, at such hriee end in soots Clfriea and awownrftf, f eonen0 euterrssrse, o m tm anAw w= be, kv s, wn&wrrww errata sCf � d *user searrNjr dooft seamy d00L"Wft we may. on to epte OPnron of Laildra, be • aer6hostee, and Carr (lj Grrrorti �` or dewable n ortlw b rRalMed oatylara, adept, or prerrve obrpwrorte tattler the FtaM, Rea t]asd of 7nrr surd fro Relafwd DOaarwrls, and {� rie benI&MAs rd asomw eriarasfs erserld by On Deed Of Trust as fast vend prior b" an pu Properly. vAw*w now awned or hareafbr woqured by Orardor tlrinfa protsbrtad by law or Lender agrees io the Oonk" in wrow , Ofa Ave wterf taerlbtrea LaMar tar ell fioala and experww alarrad ter 00fneobn with *a nwearR raiarl'ad b n the paragraph Atrorney4rt.Faot If Groner fafs b dory of ttw 1Nnps r00, to n the preoedarp para¢epft, Lender may do ao tar aril n to rare of Otarar and of QrarW& sxperae par suoh 16 Qarbr hereby erewcorWty appwrer Larder as be rNMOSO Y or dmWaf fs. LarKW* solo hfMnO. rsc ondny. artd damp iN atltr tripe 6 b he rtstlwe referred b an thw precednp FULL PBRPORIIMAHM It Gmr*w PMM all the Mdebfsdnww when due, and afwrraue Pwforrtia wf tN abirpsacrn arrpoesd upon Grantor under tss Deed of Trust, Lwrdar shm "Mile am "WW to Thlstsa a anaalls Ertl dslnw to Gran for werbis stdrn ft of rwmswYon of any Wwrm A aisfarrrM ionfAe w�iderwa Lender`s DEED OF TRUST (Contlnuod) page 6 ssowrty nicer sat in ow tawtte and >tra Parawal ftWwty ky no0rvvwton s fee sits)) bo pswd by Oeeapr. itpwmow ty app4mbe law Tint Viuriee n cry m0wwwy-Wv entry ba described as tits Ipmom or pwawa isgsty wA+e5 g1W�CD". am � le n the rworwayargs Of cry rrtwa arior bob ahrll be awhokmm pad of Via 4verka m" of my w meatars ar ThIsflsyshITS OF DMAULT Eaoh of the touay. l% at Lsndwti aI - atl hcansatrM an Evans of Ddataft wlltda ehs ad Deof lrtryrow- t Dalottt Ofwtw twat to rtalas eery payrewtt w1Mn due utdw ear titdebledrase otrar psfatdla {3rartlor iwls b at+rttFiAr wah Gr b pabrr>t cry cew trrrrh, Cbtpaearh. aavwtarx suer o0raaiwt ewr4rad ern trs Dead of 7rutct ar n any d the Ftslalsd Dootrrrarwlt cr +o oar�ply wb, « b perfann tt*tn WW hnq ablrpa aowrw, uvYarlwA or CMUNPIIWNMoonoonlanod now oetw agrewnwtt hatw au Lwow and owm or CW"lt stun b 0011 wmh sy ~ bmti a' I n I' 6 milrMnt or aolum an 001Mar o d re Mar tkod of cry of ih s ftslard Docunw>le Count on opur P"s wtaa, Piuluo of Aranbr vam wo Wrr Mgrwad by thta Dead d Trust Uo crake wW pWttwrt for llxai or rwWaeaa, or eery tear Payrnwht nii0m ery b prw~tt lino Of ar to athot daofrwge at awry hart Daladt In P&~ of Third Parties. wmad GearAor dale&& uahr any lour% errllrleran of wedrE aaou� agreefrtsrwt, Purchase or sales sgrewtrwtl, a War agrsen WIL n fewer Of awy of har owhdwlo► or psraowt Ytat curly Daly alhct O of of a Pmpub or �.w+to�a aWq� b soM on' - I PI sus or pwlbnn flea wsspaotNs ablipsnwo urdw lira wW of the Fkh tad Uoou iorole P0100 -- I owl q Ary warranty, reprsewda4on or WlarrrswrI nods Or hwm~ iG tee" by Gwsrtlor or on Gw Aoli WON under On Dead of Trust or the PAOAad Daoaalhwts M telm or 7rralaarirtg ineery snNwr l rwI p 9*Mr now or st ass s mods or ltmished a 1, p 1rntsa hfte or ewwtesch, at any trite11Mrsdler aefaatrw CORMWERmabi t Tho Dead at Tryst Or arty of dM Rslatsd Daaunwte Guano b be on idl force mind a0 er+Y{ d eery aMMwal daawMrk b autaM a vakd artd prrMord anuroV niai n or MM at any rrr WW far br The dnsds/won cf aww*DfU (n pwdleaa of whovemm boom Cie eeher sluce, to aanwnrs a made). any mw @w death d any Mwrbw. I bility aar"POV. or any Char wrmnalim of Oranbra a7aelenoe as a gong buerrss or da to Marpntwtt forflu bands der oy al O(w1br, AIM &RwmartMtt a, a "Mm kwr any n Paof omn%Wa pmpwb. arty or ;� « � b IbVor aganatllrpa of aradMor w CMtaut ar 1ha aarm+wrownwK of cry Proosedr4 urdw arrY flue Or Fwkdkwo Pr0000dkW Cowvrh tt of fowsaloamo or foeMwRoa prooesdrwgii, whalm by yramm pnDuswLng. ew4wk . taponsnorr ar -W cow rttettcd, by a rw ondw d OrwdOr Cr y ary aperwt wry propwb mom"M t o idobbm*w a Tire nohaiaa a of cry ttf any as M' ts. tg Cleo incomes, With, I wage mftw r.:ra Evart of Em"m stMlf 10t 6 f Sam M a good IWMr dmpLft by pwwmr ae b f a wldly ar naawruhlsneas of the dam Mid a the buss cittts Grad in or h wlaataa p"xmoMV end A Geartbr owes Lwrdar w.Mm Milne of Ow cradior or 4osfYrbae pOcaadng and I-p 'e wdh Laehdar rrtwrsr or a oun* band 'for ter oraduor or twfuktra praoeedrrg, n on amount dawmwtad by Lartdar, n AS sale cloonbwh, as hang an ad**=* nawva or band for !M dhspaa Drunk of Othar AgrawtMrwt A^y breach by Giarttor wWw tM larrrs of arty other agraament bulwsan o m*)r and Landul ttad a not farntudcad wrrm cry gees provmad Rarer% nry oltmi g without lrrnlaicrt wagrowr wx oorhosrr>rta arrY srdebladltuas ar oter obhgabort of GrarMor to Lwtde , whW w eo m - raw or bmw ))\warns Aghmo a quararler. Any of the proosdttg ow Ms oomm with respect at cry Guaranex d eery of the k0obtadrlaii or any QlArartf ON or beaamla WOMMarrr. Or mw dw§ ar dyprrbe ttw validly Of, or liability wide . any atfuwattty Of ate atdsbladrasa her tM owrrc ar s death. Lender, at As apaorh, nay, but shoe rat bo required to. gamut the Quwwtk>ra eetM* 10 sesur>w Unman iYwMlly ihs obligaearM ammo tPwdar tilt yuwmrW in a flans[ oftlooMelory fo Lsnder, aid. in dGnQ so, orsr wry evwa of Ualnrk AatMurae Ohs rnatarral adv Chwtpa oomm n Gerwrerrs wwwW c og wbim . or La der behevsa Ws prospaot of aty pmerrt ar Of tM kldebhKbmo we rnparad Right two Carver. If cry dahtak other than a dshrW in paywawri s curable and A GVnmox hew not been gran a notice of a br+eaeh Of tits awm Povsrwh Of fee Deed of That wrere to pro, ft g twdm (i2) mwtehe. A mbr bet L, I Gtrwapr, slier noertrng M►Alwh rrofras *Om'- Clo dwnwtwg aura d such d wA (1) uses to salad) watrn pn (10) days, or (sh A its Guru "MI Mao MOWS )hat tan (10) days..rntadadr fraara abpe t AMW L+wtdw dearer in Londara sole d.aaeon b ba auftiowa b errs tint defeult and ftereNlar wxirsa wad owrpk ta■ ant reasonable and *mnewy type 01,0 Darn to luodaos oorrtpesrhoo as soon se reasonably lxaoroal MOKM AND WfM1M ON OWAUL.T a ern Pvari of Doh A 000ucu urdw to Dead of Tarn, at any isms thw"M TrueWe or Lewtdw may sawasa cry one ar enure Cf ttw k wrtg ngift mid rrrrs . L9aettm of Rwrraaea m-1- 1 n by Lwrdw t0 puowa cry r m@W W" nut M@dLWW pWMM d wry ~ rsrt»ey, aid art eMobon 10 maker awpwwdwtusa Or to NOW action to Pwbrrn an ahaQai m of Gramm under >hs Dead Cf Thal, alter G rarrar's ta*m i0 perform mum rm atleol Lwxmes right to dears a diueA RM canoes Ail nrrhwiaa wri sImm" l err obloodrafts pPOMP*",� OW hsva the right at As apaon indeclare the embers Indsbad tap wmw dw l y due cry OWN Pw+tly wlydh fsrNTW woad bo re lk, b pay lorWith r- arlo0os to sM or ai port o t under to Real pmpa . VW tits hob shall fassafhjLwq wa thus aght 60 wwr�s het power of amm inor acadwws whetnpaarldspifo to hs Wid" pnrnded by Apomsble laws by Ixaw lawaiow=a. in Mftsr secured p edy coder the Uwid n Cortrear d r MY Part OF Ow P Dads tl Irwb. Larrdler afro Nava tl tlr rghls Mid tsrrrsdee of Oollack MIN Lsndw Aledl ttays Tit tight, wMN*A rtaeoe la Qrartbr to take pounaaon of and rr*A to Property Old oaeect the Flan, m0-% rip N"Mw t yen due and mp wd, anth d apply e rat yrocasds, fryer wtd above Landes ousts. agsrwt to Irt MINWh as In ltRearwoa of urea right Landes may raqusa any tsnrrtt ar gather war cf tehe b0 make a Ise pwflrwft of cirmruo � �7 to Lsndw of the Rwrle an ooliaclrcf by l wow, uteri [iranbr m dwo nlw arrd to ►jw as a rar oem avroy-wismaI* sndwse O MruranM reo"Amm in peyrrww WM490 n the rime of tp Lsrudars dsntrrhd alrY aeaety flare oblgeweora forwhich MtsPaym aft by brawAa or c4 Mr users to Laryler n nsporsa mqy g=nmM rat raw uhdsf fhhM marts an► parts. vMtrffwsr or rhw la Ile atartwarhe aaos4d Lander asrtiperagrrph eAFter n person, byagmt. orviroughii raasrver �ti. er b Lander wmsuns lrLVe do rrgM t0 have a rsowwr appasaed 10 illiae poeaeeOwn of tl or cry part of the powpeot arrd preserve the, Ptopsrty.10 apwrla tlhs Pro" Parasdng or pwxing kwadoears 20040 DEED OF TRUST (Continued) p"" 6 or oC+*m R+ 10 D M of t * i am t Rmww are mpply rie poofr�., over aW above Oe ow of *m mm iw„NQ. aI a reaewrr surd art whirr or nottm e wfiaut Oond d pnrM�d M Lew f�andw'a npht b be apppwRhNrd •n cum E=tnpbP Mrtt by L-ldw shall nqf wdte of to �petq, a noose Ile u p s 6y a sAeIanrel _ +� Pit h� smnmrtp w a rrowvar Lwow °dean w boo°^Mts� an6wd po00mm ou of shad P Vw @firtY r the olsuW � sow an at SuNweem Providedc o+re or a tarns at wMIwww& d Lwmtar w trm Purchaser a to aitAt at LLWxM a tirmrrtor dram became A "NOKWA la IN for 20 use of the Property. or (2) VAOMe the Properly nxradlategy upon dwrrrtd Lander �` ■ t7Yrw Rwrredrea TrtwNe or Lender shod haw wy coat rog or rsindy pepyrdtd n fee taad of Trust or rim NM or by law Nbbc m Of safe Lander char pee tirwtew rassard"s rratca of Are Urns and phm id and Puth Sal of t» PersmtN Properly or of tr tme after whop err PnVwA male or otnr aawtdd dwpaarban d the Perearrmi Pniporsy r fa 6s rrrade thettn Fkmwonmbl*ird� ahLn mean rwdoe peen st least ten (10) days babne to roar of iho malt or O*Powawr Any @Ale of ProPerb MW bo nerds n oorWxwb mt Va h any esto of the. Rew Pub >sIm of Ihs Prppergy To lha sruml parnetNd by apphombb law. Gwanjor hereby warvse any end fr /X$ b here No �Pwb menheted Irk sM mmmQ rN rghts And rerrrrae, *r Tnmft* or Lender shag be seer b sag v or airy part or the any Porb0n of a MOPMubbly. et are Yls or by OOPW A ON" Lender etrt ba mbllad to bid at arty "a ado m at wtlm olrw% ' peso, Erdwrees, if Lwtdw areb ASS arty met ar aabcrt ago wdmw OW of the twrrrs of tee Deed of Trta L L+errdw shed be snbfed b Mower each em, Y hire oOtrt may S*x%p remwmbko ee , fee at trot wtd upon arty ai P6W WheRnr or rot MW Oourt tYCllaft i nvcived, aid to Mle waett not prd�by tow. AN naeorrdrle erg7wttes Lwrde rrnre treR n Lenders opff"on we neosseary at wV tree far the c ., bqn of a arr.remt or the erdarowrom of rN righla 0n1 bwoorrr a part of rie lndebet3tem8 P@WM* on dowid and shed beer rNeest at ova NOW �� areal rePad ExPwmmm covered by Gm pmaWaph Kmwm ad"" 10 ww IdelOnes 0 ap�abl 1Mk Lwrdene a%mays Ames and LAndw's hVel /�wnoy whWW of not a yea. atota1, aMW Vocals wV M SOW— Aor perrlaY *UW P w (edrrdr* ofbrN to nroddy w searalww rdaw .. I NWAxt &M*@ . and wb M*DWMM POlrAb W ooteoron eargw. the Ooet d rommince, and lees for the TnwMe, b rim -omit P mandb s ommerawle)o mporN, and appra ew lem hits addbm b a10Ww Sums pravdmd by low PernrMNd by appanage Lew den wag PRY any court ounN, n NOOP of Tnw� TR*hm OW hear mr Of Vw a" and dutwe of Lsruwr ae set forlr m there •solar POWZPM AND OSLMATWW OF Ymtxr= The foto pro4wrwn rslaenp brie POMM and OblrpaI C L of TnwYrs (PrmumW to Lends% rrtnroborr) Are Part of On Dead of Trust Pawwa of T1wMw In addbern ago ag powers d ThAnts anrerp a R MMW of tor, TruMm Nh M ham" potwr b take and ma mrp a Piet d lraRealb Mr P"aPwb upon the strider requert of LMrrMr arrd C#rrMor (a) pn rn prSpStrtp P +o why ammerrrnt or wwmwrp WW "b ebprtM On *0 q F"P j 1, � °Y(0) ^ w to Ifre Pam. [� r to Speswrwrt aN r I rir *ad of Trust or the rrhrmm of Lander armlet Rot Dead d Y1ustp „any wbardwabon or aewr DbrpmMorrr to Rotdy. Tnma m mh d not be obYpsted b nohdy any corer ppAarrtyy of a ptrrdnp aeMe ureter bVM dead or l lnr. w *rise tie maim procd w which a mnlor. Lwtder, Or Tnr4e OW be m party, urN w. ngrrnd by ssdeq a trcattt by Trueeee TYteehe TnnNe shlt meet ag quaMfroagorn rsqurW far 7hm" ratdrr appYoabls Iwr In Rddlaan b ter frphN Ind ranrrYes set forty abow, wren nrpeq b AM qr arry pet of the Prapw�r the Trualse shah hays tin ngM b imedoee py AD I09*0 it NINSolwed Lender sheet Ittrve to rr¢rt b toradame by IrrdoW w m xmx% in edhw amnia n aaoordmnae wMh nitro b tr Auer sRiwt provrded b applrcrA�de law stetow wr Tlrodtsm Larder, der, at Lm mbrw ophorL may ham um b tune • suoommom Thames. to wry There apporrMsd urrdtr Rye Dead of Tnwt by m vv*u errs MUKKArd and 4 L WOW and rppded in #w offim err rim starter of KWQ 0wW. am* of VYaofwtpLofh Them rrbtrarrd Omraun, to aw mr Ur a1 odrw nrhMrs nq►mrad by giber law. the rrmM of";MFrrl lender, TftmbM and QMft-rto boas w d peps ar t►r ^atoms pia f4Lffn w vwt duty Deed Of TiIM re VOOaalsd, and to eras Snd address of Vw euommor tnrMa, wid ore erbtrnwtt drt be semoulad wed anknm4o dgod by Lender or rM suawaeae in rrrtwaet The errvatesa trrntsa, wMrrout cmrneyArtps ad the P gWlr, shad Mraomad to mr ttn teals. Poway. MW dulas omdwnw upm Rr Truett.., rir Deed cf Trent and by dime lhs Proosacw for w,bebhmm of Tnmbs sheet pavmz br tweguaron a, r eyrie Provrwarrs for WyrK� strftmm to apphomW dear. gird camps for naboe uegrratd or agdwad by law 4 ba Gwen rag wwtrr manner, stwyy name mead b be peer under ter Deed d TRIK ffk axmv watwul Inrabon MWnobom OA dMatA and artaa y roe of male shag be Gwen in wrdm and Shah be efbamve Wien moarsfy debvwsd, when acbraty reoarwd by vde(aaewYe proses -Urnrt�pbag' Wft vAe rtrn depotd with Atnaaoetagy rag. w .--- ovorho+t oouhw, are d meld,ded in when dspw boaro as of Ries D.: of T�mt Ar class, owYfwd ar NO - — and pe poataWWF=dL dreaMd b tN addresses Steen new I.*'fYtwt �m d noaora OffaredwtMe **M them dof hdw ww Yon vAmd has pnonty over ww Deed of alumni be setts b Lenders address, Y Strewn rear ri• tra¢wrp of stye t}sod Of Tfuat Any Party Rey *home An ad drmse for rroI n urdw Vw Desd of Trutt by gwrd fmrnrd wrMlwt rraboe loth* olhw Parses, apaodyrtp Reef the purpose of the rumbas 0 10 oles them mddren F�br noboa purposes, t mrftr aQrome tokesp Lender of'] ., at a wl of Orartora &Arwt Bootees f=ago aPpbable law, and eroe9t Aar MADID raquhed Cw mIM' a by iwr b bm pwwt m swum newrrr, M @we w moan fen One Onterlw, ww roans Given by LoWar fo mW A.- " 0 downed In be nOhee Gwen to 00 Oranhorm LUSCE 1AHROM PROVMIOefs The folmAng wm eotlWnemm peovwarrn ova a Part of the Deed of Trust Amsndnwrdm Tres fled OF TAWL bpWtsr WMh wW R@ktsd DoWwArMe, awrtrYmss Via erAws rndwzmwdatp and apn Wd" d the Parsee es ago *w ffmftm set forth in bee Dad of Trust No altarubm of or wrrnarwrt b the Deed of shembo n Govan n +rrdrrp and agrsd by the Plyee ar pere atMLpft b be oherped or bomne! by tr upon requea, a awbaed eie the of rat purposes surer dyers C�aher sham RN lb b Lendsr, yew n sraohr farm and daqul as l O t" trtccnr reasmad from tw propwlr drrrrp (k.n ors prerrow feeod Propel lase ads cash mgaomMune mauls n owr�Yo r w h l M ot Wes tq rrof #0 ' shad ntmart nit ash naa�pie ham tfn apwaMan of dam proppty f *Mon Hamdrnrpo Caphwn hasamW on this Dead or TmM are for ooivweshna ptrpaaes arNy mid we eta lobe used to VW IX 4wdMr1s the praiao t d sae Deed of ymo MOON lawn WW bt no nape d R» WWWMwtt or etlata created by shirt Deed d Thm wMh "cow rserest ar estate 20040726002410.008 DEED OF TRUST (Continued) Page 7 m Nw Praprly at any tans hdd by or Ux the bermh of Lmm1w m ay any, womut tew " M m minert of Lamer of Me slab of Vreahtraolera The deaf b�r� In Metfrdanw �M the SW low aesepled by Lefstlsr M the 1NIa1e oT cholmFhs ofVww If *iro w a lawstst, Orrinr aw— apse L wxmft request "Sub, fo *w prwdobM Of em Oasis of Gwaiymass of vv&*W M No Wdwr by Lander Larddr ahaa not tw dMnwd to rove wwsd sty ophs Msdbr #%m DoW of Trust tares each wnwr s 0wri n +wrft and by L W1dr No dslsy *r onssnpn on tits part of Lerdir n rwrosrg WW n0vt shd operant M a wsevOW d sash rpn er MW dlMr rmht A wwnsr by Larder of a pimmm of to DsW d Trust Oml not p►stlMrioa or crlrMdu@e a warwr of Lsrdr'a npht adwrwse tb dented stint oom9'Frgs wsh tint prwmen or any otter Prov— Of otter*' of Trust tVa pna wrrwr hY Lender, nar any course of daslrq bebwsara t ersdrr and Orator, MMNN cmumuto a wower at my of larsteeti rrphe or of ary d era ftes obirp domm M to rb %okra trarMaoswn VVtwrFsver Via oawrt ofLeader s retpand lelder urs Dead of Trust, *ss Qra►tnp d such oofeent by Landr n try return, shah n� be uorMd or wdhhoW aaM of wfMrs noh oordMrK n rsgrrsd and rn alt cease woh oanssrd I a aaurt Of ars"WIt fMssdaeon beds eery PnWW ri of ttm Dead of Tnnt ld be dbgK nVW4 or %Mr"me, , " aw q v 0-t-amrXiN * n SON *Q net r. — on MINK% p provomm dooc WWMK or beoanw bp•l, 10 aW en Cwcule er the ��' 110 a0.rt 1 10 peovsrar etraM be aandMred ng — , ee diet a from 1hM Deed d W M lHtsee obl ew»s OKaesdeo P► mxm commt be no wFodusk4 t" be oorm dwW deleted des Deed of TAM daeM not afreoe the k9W1Y�vshbdry oorby �� la �dFdtY' cr � d eery pravwgn of srddross/ wsoY r arq serer Wpvmon of lfss Dsstl of That fit �ta� w �eol 10 ry %ersIN P 18 acted n the DOW of TOM eel trsnsNr d emftls nurook M h d'W TfL beooaws v�� a and ntws b ton bsnbt of the prbes 0mr auaaarsora and Margin M awarslr� of "Pnaumovems wok weerrwe to this aMf Trust ld o moans a Ora�r, rnaY deal wIM► t�rwM MMM" 090dor from fw obhpaborm of err Dead or TRMt or Yr6ity wdr to Muds way Wboisss °r rdsnsron rwthout T"— is of *q fsaarloo Tern w of ttw essence n lee Pwkm moo of *ns Deed of Tn W rrrnpbo IOWw 1F+ rwbN � Gnvitor hereby roisasM ad wave ea riphe and ewri II - of the ttaneftod MAsslWODn as b sr I l - I tedltese warred by 1ho Deed of Trust ospdwbead waela rid 1M W " %tors' Vm topaw V mmma%p rM+rt ured n fua Dssd of Test oateray. ON refem oM to doter arrowft"mean 4pywx to In IwsU rr"awy of me L%wbd 13tsge Annrrs 1lYbrrM grid terms read w ttas aaipuar .Free rarJrFde the plural, and the phrsl stisN nohds *n #reputrar � ho� n m I'M adrsnwo dM4Md nis pDOW of Trust shoN hart rvr msrvgs dtibt to D— dary The wad 'Brieronry rnerrrs FroIMMf 9rd , sed r� suocsstars arttl Msrpr sarrerrar The wad •9--1 Irwan t3d1 OEVELpI�%Np, L.LC and trsobrdss eM opsipwre and 00-rklalrara srphnO lTM Nate Deed of T1nwf 7ho wads 9eW o% T rrsC mean *re Dead d TnMst arnoep Qrreor. Lander, ald TFLMM, and WA%Wse wig en kshm al Msgrsrrrllnt rd eeangr wriest P vmWw MelabnN 10 tln Poraatef PMOfMS V and Fkm Dafa K The ward 'Dafstal' n rates the Defwk set forth n *ee Geed d Trust n ttre Hoban tied o@Ww lvrrt d kaeaaalt 7ho wards'Evert d DafmW msai sty d the .ware d dsfet* eat worth n der Deed of Tnet rn rw ovrM cf daW*..neon Of *sw Deed d Twat Orate. The ward 'INfanw rnvmw BBI DEVEI.aPM(i, I.LC Or=OWrbr MW word %kmwke nmm any 0--*sf, VXW, or aoaaran oom pw%F cf any of aN of *rs bidsb.drwss G or fty !ts Pipe �M*l rnwis Ow pummsy fiam a—rwftr I* Larder, ndrdeip wlM XR Mns1s11M a Ptnrw * cf "ImpspeM rmw rrnerrr sN aosl.r0 —4 R&M seQrowarMIN . bu tdn p. sbupeaas, Mobft frNP"- fecasss. add Wm. nMla pMantnanth d aNrr owmbuc%m on e P19" htdrberdnmm Ttu ward "lndsblydrws• nwria aN pnno*st, erlare- ad cNwr a emu. oasts and aIpwwss tayab a under the Noo or RerMd Daouments, b)psttrM wth r eenswae of. erd mew Of, wAdftaborre d. oawabdsbFuw d rid submMoom for the Note or Aatdsd Domirrmlle and ary amotaps srgrar bd or advasosd by Larder to dMotsrOe Orsntor•s chbomorw or aeperi" nwnd by Trustee or Lander 1D WftM Qmnfor's obl00" under #m Deed of r Trunk %Vv* war eterert On aunts amoare M preyed n Ihm Dsod d Tried Land— The wad"L wxw nrww ftoriber Beth, b suoaeeacra MW moow s tvofr Ttia 'T�oY" mran the panwaary rrom dM*d Judy If. MRe. In Nits original principal anumint of tom, a-00D tarn csrarMor 10 Lmid•r. tcpsrw► %%h M ter- ob d. odrw�orw d, rw OL d, DaneOedebgn Of. rd srbMhnona for /Fie plarmomy hate or apeman NOTME TD AAAlii�pR Tf1E�OTi CMTAfta A VAt3MteLE WrEMor • RATE Peroarsl The wads 'Praor d PmpwV mean sN equFpnam koures, and oear arbolovd praanl pmpwty now or hard OwYMd by Gwarow. and rice or twnptho elected or sdfnced ip tm lied Property. topadwr wdh all 4400e99 060"Morws WadddKM W. all npleoanMwft of, and M Fa aubabkdww r, aor such property, enld UM from stay sale or caisr dtspenbar d twpnpny, w+d InMMbon of rwunrrap peaoeeds and rrfurids 1 Prapriy Tie word "PMopW parr ooN*W dy #m Rsat P.qM and the Peracntlf Property pum dart The wade 'Ties} Prnpw4lr +neon the Feet poprgr, artsnafs rW tsltNs, es ranter described inihw Dood P91010d Daeuments The wOFds 'Petaled Dooumenle' rrwrs atl ppwom*ry npee, ondtapraer ecenrspioMrw a�r6m• MOMMW a +d• �pPa deeds of tUK serninly deeds, OONeM[4 pepre, td rAf nshrawrlLs. a0rerwrde OWNS dcctmrMs, vd-WW row or hsreafler a eft-0 warned n oonrnaW WAh the kidsCssdrwss, prWooded, *rot the ammarrienel ndsnrsy aprernrds err not 'PMlaed Dommmft' end ro net eaatred by ttiw Dead d Trust Rend. The word "Bras' M Mans al present and fasts rene, faveetM% riaearn. stone. ecyalYea, profta, and adisn bawfas derived tram am pmpwV 20040726002410.009 DEED OF TRUST (Continued) pow s Tnnw& The word -rrua sr aww a FIRwr A*Aa6RICAN TM E INWRANGE COMPAMY, *hoes m MW4 addmas r 2101 FOURTH AVW4UE, 8TE ODD, SEA77LE. WA W21 and any *Ltw*b 1s or ru000"m wmbww GRANTOR ACOKMILEDOM MAVINO REAP ALL TM PROM 10M OF 7"M OEM OF TRUir, AND GRANTOR AGREES TO rr8 TERaft pp ��!/ - - :. srATE OF COUNTY aF Underwood Nomw Pmw pwarndy "*ww4d am" J RAiC�, sUl © LLC, wW pwwwft Ic me « proved to ms on Vo bt of eabalacimy avrdMtOs to be a Nnatsd company 6" Madred the Dssd of Ttud �� tw d Dead of TrusOr ift t tw 1ros ad +�+'1-Y a0t and dm d df�r IrnM�d M—bSgr oa�eyae�Y. qS► �uMlgnly of trd he or in Maouw vw Of ►T�s�M, for q+e tf:ss p ss iEwwn r d, wed an amb of dw kwfmw BY Notrr In Mod kw us Ems of My o0wamssion aWwaAg :de REQUEST FOR FULL RECONVEYANCE To Tlusra T1�e ury}srsipnsd aE the Ie0a1 QgrMr rid Iroidsr Rd aR sdsbwdrMaa eeOUrtd t1y tws Elssd d 7nrp You and hsaby M*Nwmd, upon pwnwt of al own owr►p ao mh 10 m w wy w*xm UUMM y, to we pwo rm meow tlfeneb, to n^ w k and w wwd now held by you uMr SFr Dafd of Ttrwt Dale• ewwrldwy fb W�Vftw +w M—� N 1w 200407260020MI AFTER REQORDING MAIL TO: David Nybbm and Debra Albiso PMB 129 4820 NE 4th Streat Suite 101 Renton, WA 98059-4845 Fled ibr Word at itsquM Or ,`4.■ �+ Il A*First ArrieriCarl Tide 1[r�surdriae Comperry AWWWW CXWAVY DEED OF TRUST (For use m the Sbee of Wat hingtUn orgy) File No: 4261-421 ") 579A Date duty 20, 2004 Graftr(s): SW Developing LM a Washington Umltsd Liability Company GranWe(.$): David Nybla m and Debra AWiiao Trustee: FIM American Tula Dmiw rnce Company, a Corporation AbbreviaW Legal Lot H, Boundary Line Adjustment No. L03LLOD13. OLL A4 3001-40UVW i I, Additional Legal on page 1 lLsaessor~s W paroel/Aoomunt Nos 142305900904 IM DEED OF TRUST, made the Twentieth day of 3Wy, 2004, bKween = Developing LLC, a Washlh *bm Limited Liability Company, as GRMTOKS), whose address a Po Baas 73M, Puyailup, WA 95373, and First American TWO Insurance Cc4 ai GaporptIon , as TRUSTEE, whose address is 301W S 74th St, Tm ma, WA 98409, and David Nyblo m and Debra Albino, as BENEFICIARY, whose address rS PNB 129, 4B20 NE 4th Street State 101, Renton, WA 9s9�f' 9-41145 WITNE5SM. Grantor(s) hereby bartn(s), sdi(s) and convey(s) W Trustee. in t vsa With power of sale, the folkwong described properly in Oft Gatrnty, Washington - Lot B of Boundary line Adjtsrbnent MiL LUM13 as recorded under neoor'&g no. ` oP�• In Idng County, Washingtm which real property is not used prinapally fbr agricultural or fair mng pur tbpebher with all the tmxrrients, hereditwnen s, and appurtenances now or hereafm thereunbobd{o wV or in any wise appertaining, and the rents, issues, and profits dweof. Page 3 of s LPB42A 4/00 200407280024Dli.002 A P N 142305VM *4 Deed of Trust - axtm ed He No 4M-42LM C VM) This deed is for tie purpose of secunng perforinance of each agreerne it of Grantor(s) herein co fined and payment of the sum of one mil km doffs ($i,DOD,0M00) with PtemS4 rn aeowdance wrth the tesrrns of a promissory note of e-en date herewith , payable to &nmf caary or order, and made by Grantor(s), and all renewals, rrhodificabons, and a bens€ons thereof, and also such further sums as may be advanced or loaned by Beneficiary to GrmhtDr(s), or any of the Gmntor(s)' successors or assigns, t>;hg&her with Merest thereon at the rate agreed upon DUE DATE: The entire balance of the promissory note sea red by this Dead of Trust, together with any, and ON merest acumild thereon, shall be due and payable in full on 'one nrontlr fblle wing Anal PhHollmuing final plat appr ml by icing Cowhty Depart imm. of Dwele p ment and Falhrlronerhenti l Services with rerrpal fIQ the property To protect the security of this Deed of Tnusk Grantim(s) ooveriant(s) and agree(s). I. To keep the property in good oxAtion and repair, to permit no waste of the property, to oamphete any building, strix%", or irriprow meat bang built or about to be built on the property, to restore I li any wing, structure, or irrhprOMTXnt on the property which may be damaged or destroyed; and to comply with all hews, ofd Timm S, regulabons, amnants, oondrti" and res7#Ions afflecting the property. 2. To pay belbre delinquent all kWW taxes and awswents; upon the pqmtr, to keep the PAY free and clear of all other charges, hens, or emmbranoe s urhpairing the security of this Deed of Trust I To keep all buildings now or heiegra erected on the property cDnbnuously insured against loss by fire or oilier hmrds in an amount not piss ftn the total debt secured by this Deed of Trust All policies shag be held by the Beneficiary, and be in such companies as the Beneficiary may approve and haws ka payable first to the KwY, as Its 11-bea7est may appear, and then to the Grantors) The amount collected under any Irrstwance policy may be applied upon any ndebie fww hereby secured In such order as the Babe k=y shah deb wane. such application by the Beneficiary shall not cause dmiitaiu once of any proceedings to faiedase this Deed of Trust. in the event of foreclosuM all rights of the Grantors) In MUM= policies there in force shell pass to the purchaw at the foreclosure sale. 4. To defend any action or proaeedmg purporting to affect the security hereof or the rights or powers of Benefleaary or Trusbee, and to pay all Cow and expenses, nchding oast of tide search and atlnlnWs fees in a reasonable amount, In any such action or proceeding, and in any suit brought by Beneficiary, bo forec1m this Dead of Trust S. To pay all Costs, Lees, and expenses in commcbm Wft this Deed of Trus, mduding the expense's of the Thistee incurred in enforcing the Mom secured by the Deed of Truest and Trustee's and allnnWs fees aM lly incurred, as provided by statute, 6. Should Grantors) fail to pay when due any brows, assessments, insurance premiums, beris, enaarhbranees or Other charges against the plaperly. Beneficiary may pay the same, and the amount so maid, with interest at the rate SO forth in the note secured hereby, shall be added to and beoDm a part of the debt secured in this Deed of Trust. T. DUE ON SALE: (OPTIEOMAL. - Abta pgeaih 2g* r.nAtw ffxffaWd by Granitar and aerx&wyj Tthe Property described in this sematy instrument may not be soli or transferred without the Benefl=Vs Page 2 of 5 LPB-22A 4 W 20040726002409.003 A P H. 14230590&M Heed orTrmt - ax6vied Fie No. 4261-42xm (" ar>sent. L%= breach of this Provivon, kDrief+ciary may declare all sums due under the note and Deed of Trust enmedhabely due and payable, unless piu4ibrted by applicable law. Grantor YnNals IT IS MUTUALLY AGREED THAT S. In the event any portion of the property is bftn or damaged in an eminent dorrasn praoceedrng, the entire amount of the award or such portion as may be necessary to ruddy sabdy the obligation secured by this Deed of Thst, shall be Paid to Benefiaary to be applied to said obligation. 9. By accepting payment of any sum mcur+ed by this Dead of Tnut after its due date, Beneficiary does not w,aiue its to require prompt payment when due of all other amps so seared or to dedwe default far failure to so pay.. 10 The Trustee shall reeorrrcy aN or any part of the property covered by this Deed of Trust to the Person entitled thereto, on written request of the Granbor(s) and the Beneficiary, or upon sabsfax%w of the obligation searred and written request br reeorweyance made by the Benefiaary, or tfic person entitled therebD 11. Upon default by Grantor(s) in the payment of any indebtedness secured by tills Deed of Tnrst or in the pwfonnence of any agreerrient contsuhed by this Dead or Trust, all sums seamed by this Deed of Trust shall Immediately beowne due and payable at the option of the wry, subject to any mm Period provided in the note secured by this Deed of Trust in such event and upon written request of l;eneficiary, Trustee shad) seat the trust property, in accordance with the Deed of Trust Act of the State of Washirgton, at public auction to the htgl>est bidder Any person exaept Trustee may bid at Trustee's sale. Trusbae shah apply the proceeds of the sale as foilows• (1) to the e,cp nm of the sale, including a re isomW Trustee's fee and atbomey's fee; (2) to the Obpgation secured by the Oeed of Trust and (3) the surplus, if any, shall be distributed to the persons entitled thereto. 12 Trustee shop delnier to the purdtiaser at the sale its deed, wlt W wamu ty, which shall convey to the Punctinw aN ngK We and interest in the real and personal property which Gnmtor(s) had or had the power to convey at the tune of t he ammition of this feed of Truce and such as Grantor(s) may have acquired ihereahbar. Trustee's deed shall "sate the facts showing that the sale was conducted in c=PNanee with all the requn ff"tS of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence ttheneof in favor of bona fide purchaser and P , rmi ranters for value. 13. The Pam of sate conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washngton is not an excMive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a Pape 3 or 5 i W2ZA 4/W A P N 142305900904 Dined d TNA - mrmnued Film No 42514nM (revie) 14. In the event of the absence, death, incaPacilI', dLqbft, or r signatnon of Trustee, or at the drSexetion of the Bury, Beriefmry may appoint in wnbrmj a succem ar bu tee:, a W Upon the re=ding of suedr appointment in the mortgage records of the county in which this Deed of Trust is rmorded, the successor tnistEe Shall be vested with all powers of the original trustee. The trustee is not obligated to notify any fly hereto of pending sale under any other Deed of Trust or of an action or proceeding in which Grantor(s), Trustee, or Benefioary shall be a party unless such action or proceeding is brought by the Trustee. 15. This Deed of Trust applies to, inures tQ the beinetft of, and is binding not only an the parties hereto, but an hi%1w/dmr heirs, devisees, legatees, administrators, amutors, and assigns. The term Bendlaety shall mean the holder and owner of the note secured hereby, whether or not named as Beriefiaary herein. 16. ADDITIONAL TERMS AND CDNDMONS: (0%x* oirre) a [ ] NONE b [ 1 As set forth on the attached "t:hbit " which is incorporated by this reference. OM3f>°; 9l]i'0er a A W h S d k-OW bWv7 upbon "a"ap#esj SBI Developing LLC, a Washington Limited Liati ty Company r NOrq� !ByVJRa=, Vlanag r �lot, :2 STATE OF Washington }ss COUNTY OF pierce ) I certify that I know or have sabd ktory evidenm that Gary 3. Ram, is/are the persons) who appeared before me, and said per9Dn(s) adatowledged that hi*/she/they signed this rriunient, on oath stated than Wstielthey is/are authorized to e'mute the instalment and aW wedged it as the Mtwmge r Of SBI ©welcOng LLC to be the free and voluntary act ;V1, urh pa ies) fior uses and purposes vim Moned in this wit, Dated: o� • iller Notary Public in and for the: State of Washington Residing at: Surnrisr MV appointment expms. 10-2-05 Pne 4 or 5 Lpg.22A4/W 20040726002409.005 A PH 14?,9099OD9c4 Oeed or That , w trMwd Fie No 4M-Q1a49 (ItYM) REWESt FOR FULL. RBODW YMCE To be and ur* MA" il#O aw /Mm bearl pad wxfar Off Note sqd ft O&dauf Tmt To. TRUSTEE The undersigned is the leml owner and hokler of the robe and all ride bbadness secured by the wrff m Dead of Trust. Said nobs, bogedw weth al odw indebtedness secured by said Deed of Trust has been Rdly paid and sabd W; and you are hereby requested and dnctedr on payment th YOU of any sums awing tD you under the terms of said Deed of Th4 W ®rod sand note above merdoned, aid all odw ewderr m of irdebUdwss seared by seed Deed of rust dehve W to you herewith, Uxjedw with the said Deed of Trust; and ba remmey, wdtrout warranty, to the parties desegnWmd by the terms of said Deed of Trust, al the estate row held by you the wader. Marl Reoommyanoe bD. Dated: By BY Do we lore or dmbW No Dead of TnW last Tm win lbeararas. ftM wmt bo dorrwrrd do vw Tnwtw bdbre cmm*Am wde M mWw L Pape 5 of 5 L P -2M VW 2004072B002411 A01 IL AFTER RECORDING MAIL TO: First American Title Insurance Company 3866 S 74th St Tacoma, WA 98409 Had! for Remcd at iteWnt of �•• ■ �r �A+m v*w YYAb First American Tlllee Insurance Cornparry , .; AMMMM .,ft4,a SUBORDINATION AGREEMENT No No: 4261-4215bq (KVN) 31a f Date: Xdy 20, 2004 Abbreviated Legal Lot b, Boundary Line Adjustment No. L03LLOOI3, 1*4wW3. Adddxml Legal on page: 1 Assessor's Tax Parcel No(s)- 142305900904 NOTICE THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURM INTEREST IN THE PROPERTY BECOMING SUBrzCT M AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT The undersigned suborchnator and owner agrees as folbws. 1. D"N Nybk" ■rid Debra Albhm refierred to harem as "subordinator," rs the owner and holder of a mortgage dated duly 2J1 2W4 which is recorded in velmw of Mortgages, page under auditor's file no records of KkN County. 2. l:r+orrder Bank refen'ed to herein as "lender," is the owner and holder of a rlw4pge dated Tidy 2004 c cuted by SM Devalcq ft U4 a washhVtan Cinch LhMlity (. Ved in wlurne of Mortgages, l '-brid�r ' airdrtoi.1 flle No. herewith).rr'oolof KbV County) (Which IS to be "recorded cmzmndy 3. SM Dwdoping LLC referred to herein as "Owner," is the owner of all the real property described rn the m0r6yge rd aentlfled above in Pwagr"* 2. 11L1 4. In Con$Khm bon of benefits to "tsubor lirkeC "' f = 'owner," receq* and s '1 ck which is hm* acknowledged, and to reduce "lender to advance funds i�iorbgage and all agredn&ft In Connection Uierewo, the "subordinator does " ' " 4 subordinate the Mn of his mortgagerder>bfied in Paragraph 1 above to '" lien 'off' s" mortgage, rdenb W in Paragraph 2 above, and all advances or chargelQcw or acid ung t r+eurider, Including any extension or renewal thereof. Page 3 d 3 lPB-35 7/97 p APM 142305900904 &* do 0M Aipawat H9 No 4261-42150 (K01) ° bmwd woe 07/20/2W4 S. 'Subordinator" Pw to the exm tron herred, he has had the opportunty to e'Xonme the terms or "lertdees" nto Wage, note and agreements ring thereto, oornsents to and approves same, and recognaw that '9eri W has no obligation to "suhordmatoe too advance any funds under Its mortgage or see to the appkcfton of 'lender's' mortgage funds► and any aPphmbnon or use of such funds for purposes outer than those pmvded for n such mortgage, `rote Or agreements shall not defeat the subordination herein made in whole or in part. G. It is understood by the parties hereto that OWde would not make the loan secured by the maMoage in paragraph 2 mftxrt thrs iiip" rttent. 7. Mus agreement shall be the whole and OnlY agreement between the parties hereto wth regard to the subordnation of the lien or charge of the mortgage first above mentrpned to the lien or charge or the mortgage in favor of gender" above ndemW tno and shall A persede and cannel any PrW agreements as to such, or any, subonchnatron wdir mg, but root fanned to, those prowrsrorts, If any, contained in the mortgage first above merttroned, which pwde for the subordmataan or the lien or drar+ge dw ed to a mortgage or mortgages to be VwewUr vwa&W. 8. The heirs, admrnsbators, assigns and suooewors in nttterest of the %UlX rdnrtaW shah be bound by this or trust," a� gender reernent here the word number Of �r airs he rem it shall be consdered as `deed nouns Considered too wnform to undersigned Executed tins _ day or 20 NOTICE: THIS SUBORDINATION AGREEMENT CONTAANS A PROVISION wHICI-I ALLOWS THE PM�D' H OBLIGATE ON YOUR RM PROPERTY SECURM TO OBTAIN A LOAN, A PORTION OF WWCH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. IT IS RECOMMENDED THAT, PRIOR TO THE D(ECUTION OF THIS SUBORDINATION A131REEMENT, THE PARTIES WNSULT WITH HIS/HWMEIR ATTORNEYS WITH RESpE{T7HEREM SUBORDINATOR: Davld Nyblom and Debra Albbo Page 2 or 3 UK05 7M P. APN 14ZWSPD004 SLftdmationAgwrait File No 4201.4xim on" gX&RMd Onto 07/20/2MAI STATE OF Washington ) ODUN Y OF Pace ) I aer* that I know or have saWacbory awdence that David Nyblan and Debra Albfso, is/are the Pis) who appeared before me, and sand peison(s) adknowledga heishe�they signed this irrsmurrent and acknowledged to be hts/Fier/their free and voluntary art the uses and purposes ivmtxww in this instrurnerwL Oated- �g810ly'•t���ttOf. V. Mller i WOTgq�`o r Notary Public in and 1br the Stabs of Waslnngbon r; i Reading at Sumner y My appointment : t0 02 05 oVIFNeR: �'h ''-•'•° z-off . • s SBI Developing 11C, a Washington Landed Liability Company STATE OF WaslwrlgbQri ) }�s ax Nnr of Pierce ) I CerbrY that I know or hate satisfaCbNy ewdenc3e that Gary 3. Reed, place the persons) who appeared before me, and said person(s) adcriwdedged that he/shvthey signed this insburnent, on oath SWW that he/sheidwy rs/are arithorized to a mmube the instrument and aW*wedged it as the Manager of SM DeMtoptM LLC to be the�kWao voU tary act of such pa&Kms) }for the uses and purposes raenboned in this rrrstruinenL V .= Pape 3 of 3 Kim V. Miller Notary Pubic in and for the State of Washirigbon Residnig at; Surrlw MY aPPO'ntrnent urines: 10.02.05 LPB-35 7/97 Full Screen Image Viewer Page 1 of 3 94991192 ri i�l�,tty' �. i"rrar.« ri.:r.wrrr.w • �:1 tom. 7Mfs "m OrAWtWI0* lot -ft►Yasia , mmu*rauar. &K by tlrlf W48MM9 i ba&la. OR&i. May ad swim mm up Mii OnOEOlF 16TO MOMWMGWGO Gr 098tpN, a rism-et`Wr ri OwM- Miwf fl,a' 1ht•r *m mewe Not" with alar*/ar�r a/,�Ppn.�pq� OWWb aaW apw t!M liliNe t dpwr tM aprtts lleuaiad Cgsf . M�al►lrRcr.. ,petisrlrry awacrib t as talLp"m rr1 `�� s�k .r s.+rei 1�. i.�.. ► 83 w.ekI , now teas. r.�.. Iaaa A« J"IFS .K- "c4Fxs &A ff " w n wesrr,FdC Ot'.00 +.,, L rNa MAMWt- *,sus rat , A*lf*ly At' FVM: 'r.sw.vW4K 5FT ,Eij �Ml� 'Cwe t wee: Ar r-OW- K~pA4s I* `low at kfe�:Ad 4 r 'ire. 4 = �.1 Page: 27 http:l/fast.firstam.netlimaging/pub/pageslpreview.htm]?Repositor}rFASTREPOS.FIRSTA... 1/24/2005 Full Screen Image Viewer Page 2 of 3 i; � new � t "ft rig. r1� VL'b .e P9LW I..ztar�l"a at �r n ir.. ,�e saw — MOW ba asaassrs is ..w.a +�+ a rr+r•ry tas w wrlMa K ..+.ay..�s. a�►rirey�. es�w. t1a� od# rrarr or go Mtar se ■.�r.tis.. rw +� ara +.screw MW us" +MUMS sls..a Y xtlla► a.e. 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F, ' srsa at 14 ,sasa, watabe at Page: 28 http://East.firstam.net/imaging/publpageslpreview.html?Repository =FASTREPOS.FIRSTA... 1 /24/2005 Full Screen Image Viewer Page 3 of 3 FV(toar 21L,SN� h A S 9 ? ,., IS AGREEMMM made tL&s day of • � • by and between y' rafter cared "Grantorsw, and King Count* N0 � municipal te�rperatioxt of 1Cins County, . 5 k'. €ter called w Grantee.w 1i TMSFTH e `That said Grantor(s), for valuable consideratiati, do[•s) by else .presents grant, bargin, sell, convey and confirlR_kow 9 r.. Grantee. its successors, or assiSns, a right-af�way'or ease- p t far Water z.nd .Sower Kains with necessary appurtarrances over, across and 6pon the following described property situated x4m County, Washington, particularly described at fbllovas _kRMANENT EASEMT described as the Northerly 30 feet of the of the NWk of the SE} of Section le, Township 23 North, 7:JW e 3 East, W.M.. less County Rood.I _ A for Record 2i ke,:'LSrS: %prim f Yrd Dwnert Royal B. Kerch L°asement No. i4-23-5-5 5021 S.W. Dawson Street Seattle, Washim toe 9811b I Vie* shall have the right without prior institution gf a'ny; t eding at law, akl lives as aIay be necessary. to d` party for the purpose of constructing* tepairirigo sI rim '. eructing said Water or Sewer Main0 or making any . th, without incurring any legal obligation or liar ''avided that such constructing, repeiei3%' altbrin� � said Water or Sewer Hain shall be accomplYshed r. i t": the Pri.vate improvements existiu$ i. n this s � - dot be disturbed or destroyed, or in the event or destroyed, they will be replaced in as Sood a ski j COHd C3,"off K iraire iassediately before the property was entered nponi by e: J "Ii Amn'tct! shall retain the right to use the surface of said 17 esae�n[; .. so'�i:.=.es said use does -not. interfere with the installs - TIT tics► aid +ssutepabce. of the Water and Sewer Main and so long as no patjo&ppiat s or struccvtes are erected on said easement. '!'his &a:'6W .t shall be a covenant running. With the land and sha'11 b :. iti :on .the successors heirs, and assigns of bath RarCiea MO. STATE (F I!A'SH�") OOUIRTY or KING SS I, the undersigned, a notary public in and for the State of Washington, hereby certify that on this , X= day of JMW 19-71 personally appeared before see and + jb -de known to ba the individuals described in and who executed the foregoing instrument, and acknowledged that.they signed and sealed the *am as their free and voluntary act and deed, for the uses and imposes tberein mentioned. L, w X _ 414 Aotsryr Pub 1 is in State of Washing 0 4 rl 55 ll ) vnti 7 f MQUESi Gt orsjan VA 2 3� ItECMUS 1 E_£i.T4riNa it bM 10 00�3 gal d3111 tr 20040629000160.001 JACK H. LEININGUR Attorney A Law &W South 259`" #1101 Kara WA "031 Anes nes Parcel or Account Number. I423059= Abbm>rvimd Legal Dcscriptiom >Ptn. ofNW'/%NW'Y- SE'A.14-23-5 E. Full Legal Dcscrq*on loczEed on Pit: One PARTIAL ASSIGNMENT THE GRAMR: King County Wain Disorict No. 90, a Washington murucipal ca Tmuon, for valuable oonside rattm rceipt of which is hereby acknowledged, docs hereby map and u=&r to the City of iie>iton, a Wosbingum muniepai corporation, Grantee, all of its rights and obligations with respect to the coming, rePmnu& a1temn4j. or rcconswa=w sewer maim grid necessary appu tenanecs or eonuectiom+ therewith UIWW tbU certain Eaw=m mx ded tiritler Kmg Comfy Auditor's File No. 7507I70570, in Kiag Cotamty, Wasliin$ton, concerning the following described property - The Northerly 30 feet of tlm Nanhwast q,rar<cr of the Nortbv-v.st quwlcr of the Souabe t quarter, of Section 144, Tawnship 23 Noah, Raagc 5 East. W.M., loss County Road. PROVIDED. this Padal Amignuic it is condm oned upon d w Grantee's eovaumt not to h*rhre in any manner wift snd m atacmmodaw in all ways possible. tlx: Grantor's emming and future unpmvements, wan mal ad ar+puric unecs. and further M."L.RVING unto ttgdf AU rights and obligabom with respect to a nghtisf way or easement for water mains, oppm*man=, or oonowdons dfm*Lo, both present snd future, wWch have been eor,strumd or may be corimmled. ovor, tbmugh. acre'^+ Und upon the real property logaliy described b=mnabove. DATED + E 0 r I3y KING COUNTY WA71 hR DISTRICT NO. 2•41 88seagaeSa RUI 839WIM131 $412=01 *0 0C uric 20040629000190.002 STATE OF WAsi nNGTONj COUNTY of KrNG ) On this day, peesonaljy appcwvd before me, rs+�ts I�h�N to = kram to be the FYI _4Qc _ of Krug County Water Utstrict No. 90, who =knowlcdged to the that ha is auftd7W to cx otne the within and foregomt uastrment as the five and volmtay act and deW of King County Water Minot No 90, far the uses road purposes therein menttonod. 431VCN under sty hand and official seal thus r;tA/ day of —r4Wt s 2004. 4 lk NOTARY pM12C in artd for the StW of Washington. msiditrg at. . My Como hmwn Expires. /'!-*%" E'et asse2ceesa MUI 839MIN131 9*2:01 *0 De unr h FILED FOR RECORD AT REQUEST OF, • r PtfC.ET PO ER 1I31ESTATTE OEI�ARTMENT ORIGINAL P O BOX 9TIi34 ARLEVUE. WASHINGTON 98M-97M EXCI3X TAX NOT F::-QU)RED - PRE Co R%Uds Uw[s�oa EASEMENT 9v � , and Debm A Ibiso For and in oanwwsbon d om DNNNr R1 sm ww cow Vokowe owwwow 9u feampt OF adrkh is holly Ndn mftdpsd. DAVID A. WIM t-Ofweor hereNtj hweW panhk —Wig and mnwds so PUGET GOU M POtMEIE i UOUr 00MANIV, a Vftomss. I'1c wel+sr' ftM O, br the owpow rdwowshw M fafffi, a porpslwl NRerrrul owr, saroas afrl under pis hN[ wft dsemfbsd red fNoWh' Vm -Pmponf trraar) in KOO COUNTY. WoWwoma SEE ATrAC*" EXHIBIT `A' Em s ssn�e� bo *Ift"w ant kdh hwsM GMWMG% uB[M SW bs a weld MM plat WRO sf 90 ardpwgr (the'Blphbd-YYa� harsbl)desaibsd es faAwrs A RIOV &Vfty Im (19) kd In widh f[w[inp fwe (6) feel d Such widb w aefh Oft of a 40*Wbne 000%" w foNawe TNS apno t W OF QN WMIS FAfa1 MI AN CMTlplO= 09 TO k d' CMTRtlOM vffm OEu opt MLCCAseq LYM world IN No" C oesat-on PRoFL' y. G7 1. Pu[pow (a'man Vol hNre the dpM 1N CoWn4 gWde. m IN0, wpsIr. MOM sltd w "os ens or more oWtW trarWdNN1W sndrw *11- ause snn wow l ftl Nlydsr Iha RipIN af-1lltatr toorlllar with aw nousaNry f w YmM CWWWepPN6WMM NN ltwato. which wey bubrds bd Na rlr net Nlted to Mo faoWoft i N L OWN" mcMn. Pales mrdfw I wAm wllh aossum, hmm, 9WN and endwM sbidfre k Ns[ureteslan NNd dsVilwAlan Isr[s; awnnrunfMliMr arld sipNl lines: bNneformere. ! b6 Undslorasad fadlRlas. Un"W. —,d —dub, fides mft 11Mr1gMa sAMM and hwuhWnws: WrA-buded w pwnd aURMWfaesiNw SUM p pade, kwlNfeNnMs 00 ewbcAei. i I Fallorwnp dd inilisl aaneinuban d AV Is"'I I i GMeeMe way bwh Ne[e M 0a osstbuet eueh atNNlfe[ral duce led AhW I- ' i' Iiee K 1 R1er req[Nrl, L Asaesa. GMrdts Blurt htrra 9fs HOW Of Nccm 10 the Rlpf*diNay osw NW lases Vw PRAY Ie srrsblr f3rNrdse m wMeMN NN flrMe hdrellr[der, praMded, that Orsntw aMs eee0er[Ns1e OtarAer IV any dNrfrgs to the FtopwV osreed by ew swelw of wW rigid sf aam 7. Cudil o of 7rML Ofwltw NIMM has 9w npld to vd orbbn pry ON d brufh w Oft$ iAallwf� w oreww0 Ww the R01.oUWand on aon the rl¢d is wt w tint my ue. Wm 9fa PMPN* +�4 A zi fuldd in i3renlers repartsbN judtpnssl, M N hNswd to Ofwdes's fsdYrNa. _ d. a wwwo law of mom-of-Mrq. Grar"r rftww= ow npN to aaa #0 RfpM-o 4ww W wy INFws w N¢oruiatW WNIN Ida nohtS burin oro d , pmddeC tlwt wwfw shot Not m alnrd Of ms[rMsln any bkv" Of ; slhw WWW@ an the Rphl of-Wey and orwdw steal do ro bthtlnp w0in 70p 1Mt ei OruKW% fNelNeNs WARM orwrtsa'a ww wriwn Comm L GdetnNKy. By seta" and wrofdfflN 9lts Nnowint. GraWn airs" 10 lnderm[Jy ssd heM hunaw [ fd vwDF f wo any snd all eAlms tar b[ wkw w aft r dmmwn w4ftred by e[y Fawn. which may bs trained 1)r 00 or"*" aNwvl w of pre ri 0 hsrais WntoA pI I I that OraN1w dog ad to fesporrsflde to Gtadw iw sly N[ its andfar dem"as to ay Feraen soww by Nds or eNNNe1MN or aw4w 9. AbandomNwf. The f(ylte I in Pre" shallamWm udf such lime im OfNnMe Oman 19 a fire Riphl of ft for a p flod of bf 151 sus furs. In eYeh ws M IMs ssaoolK Shed ta[nrinNd WO NR 106 twooder shall re"a 1e offiN r, pro idod, go No som I, rNaot thus Ira olo w 10 hm ocalrrNd i fr ne w of t orwdert; bum b misly bstd Rs fewom to prlilpr*4"vsyrrltlur[ any FMIed sl o" Irmo andar bmad. � T. pNaoNONor and ASNgsL The riYheN aNd obssN9oru of 9ts tpnlw eMll bran to the brltabl K Nftd t* bafduq upon 9[w respad - 900MSSM efd ossW'w MUD aef ur - ACOOIMM40.OF ?Js-NN 4 ii`rjn u fir! 9Nt71 sa M 4tBC 1ttC-E. i r DATED M. rp ddy or F�dr^'4 �p� _ _ ,s fS" _. t ORAWM' 04VA) X "VOLOU. wyilAiplRltUlgglltaRa Debra AM so ar:111,Z ' 7? i STATE OF WASHRtt3TON 1 coLem of X 1 C/ on" dey Pw-uft ePF=nd blurs mll DAM A. WMJX , to add bwM p be the isdar &vOl dwal6dd to wds �nerMed 1hn w1W rnr beeasley.lnsbrr�nsrd wid selswwdpl Nt Ns slOrnd ire edme M c� hls the a�sd--.c� dssd t4r the usad dud p�rp�es ttwsls srwlNwled. Z ! •r1Ne7r% 1 dllalel sMl 11Yr ,,,, ddy rl tR \ro)N; RAW40,Rn: • i 1 ' �� : � � ti � br ll,rar.e. drwwtdnotoe ,•err.;-,���iYi��1.- `� Reslsspsl � �� — � t 1 \\13�A��� Illy Or111e1Nri0n esM�es _ 1+ STATE OFWMMNGTDM 1 )as couwy of Kl AA- ) )hru rD A4dr o,. A MD On M dW ply edp W bdM nn M rod kn to be Mu NI(sl dusal[Rss b end MAo werded,fls MdSMrs sdd prsRulrlR iniMlpiNd. srld e+AllerltedYsd Rirt � — stytled tM relae W l �1 , kee end raNllrtd7 ad end OdrO Ier tAs wp }urp�w IMrsls ft!;:d. pryEN `wo` and of✓ipNsrtl 111b1 �,lQ � dry#! 7Y 4� iy � PrN�t lam r � dFpi Notary F\Aob in end fw is fm to ot%V- n*n '� 4�' �• � - F? � T i�iy COflM111Mb1t e�fer � ��-rl l its, pF_wp,5`.`` 2M1465 JN-Acool 235-56 Ex"181T 'A" Tax RAFT WALE or Tme R4ICAWEET Qum= or TRZ EoU mutsr QU ARM O< ammom 14, WWRIP 23 OOQlT11. RAMOK S CART. WILLANVM MM aDIM, IN FMW COMM, NAENINO10Nt EXCEPT THAT PORTION or SAID EAST RALF OF THE NORTMEN T QUARTER Or 78C solmWAET QUARTER OF &AID SECTION 14 DRECRIRm AS FO6IAHiI " RWVWI11O AT THE NOOTAitIRT CORMRR OF EA[D PART HALF Or TAR RORTAWCET QWW= Or TR! DOWNCAST QVAft= A4 TO POINT OF nU bolo INOt Tl == UMM CS•2I' BAST 523.911 FRET MANG MR PAST LINK DI MUD MAST MALF Or T10[ NORTMNCST QOARTCR OF TEES EWTERAET W-Va ERJ THINGS NORTR 44.07•S8" um 653.02 PM TO TMR WEST Li NE O7 am& BAST HALF OF mm i MORTWdm QUARTER Or TRY EQOZRMIRT QUR on, 'I MOM 0•27•05* MIST 925.92 FEET TO 72IE o"M Un OT &in =AST IOALr Or T= NORTNML T QWHITIR Or in SwAmEA67 9URI =$ 711 FS EOM I4.17"36• SAM $53.84 FORT ALONG THE SOUTS LIRE OF IAID ZMT HALF OF 7 TRC ROHfffrmw Qua nu OF TEE SOUTHEAST YUAWM TO THE sRUR FOIHT Or EXGIRMIM ; AND EXCEPT COUNTY ROAOE. we asr ivasL A.S,,".JKG jai 61 T His, 1,9,!121mus, 14 ,?p si O S A vR v �� NaV9 �NLLSik3 sdN83noj'_ _p k lq r p t 2DOM100163SA01 Recording Requested By And When Recorded Mad To Merit 8olNtto 0� King County Transfer of Development Rights Water and Land Resources Division 201 So Jackson St, Suite ti00 MS KSC-NR-t1B00 Seattle. WA 98104 Transfer of Development Rights Certificate Number. 78 2L URSAN Dov&kWr mnt Rights Dais lsswd• July 26, 2004 E21742 awmjp Sna VAGI»= iV Ni This development right(@) lslarro transiarrsd from the fol coring cerdfied Sending eta. pursuant to K C.C. 21 A 37. Sender arts fits member AtiR IJQ Grantor Parcel Numbers 3W . 3323064=.28230 4101 This cerlrfies that SBI Devaioping,LL.0 owns twenty CNI uKhN rsl�gf n rnaved from the sanding aite identified above, which has Mean quaURed as a transfer of development rights sending site pursusrit to K C C 21A 37 The official record of these development rights is maiiftwied by King County If there rs any discrepancy between the number of rights identdimd on this cerWmate and the official record, the official record shall control If any of the development rights identified on this carbficsite are said, conveyed or transferred, the person acquiring the rights shall within ton (10) buanass days delnw to the King County Transfer of Development Rights Program this ongnal certificate A new certificate in the buyers name shall then be issued The development rights may be used only on a taoepaV siie(s) that ha&4wm been given final approval for additiooriial residantlat density achieved through the transfer of development rights in accordance with King County Zoning Code (K C C 21A 37) Approved by Representative of the King County Transfix of development Rights Program Intsrageney Review Committee Ccftficarc Nudm It Pap r of 4 f 20040874041533.002 STATE OF WASHINGTON ) )SS COUNTY OF KING ) I certify that I know or have saWactory evidence That /(40c- So c c-, r-f. is the person who appeared before me, and said person advhowWged that he signed 1hia inetrument, on oath stated that he is m dented to execute the nslrurrrerrt and adcrrowledged it as the Program Manager, Transferable Development Rights Program of King County to be the free and voluntary ad of such party for the uses and purposes mwftxied in the instrument. Dated _ 7�Z/e y VVIMPO"000,x�;t11,5 My appourtmerit ehcptres (OAT To Redeem Develap UM RV t In applyng for recervmg site approval, the applicant shall pnmde the Departmerd of Development and EnvUhxsrnsntal Sernoes wdh either a dopy or this oertdt e�i ate issued In the name of the applicant or a copy of this cer0cate with a signed option to purchase these development nghgs) For receiving sites within incorporated mrurrcxpsl junsdrebons, the applicant shalt provide the above doc umentalkn to the munha)al jurisdiction and shall follow thatlunadwbon's ftveloprnerrt application rswew process. Before budding pertrnt issuance or before final plat or short plat recording, the applicant shall deliver the appropriate MR certificates Issued in the appbcmfa name th the Transfer of Developmend Rights Program The applicant dW reoerve an exbnguh tuned document shoving that the developmeirt rights have been applied to an approved receiving age The TDR Program shall om* m for DDES or the municipal )unsdicbon that the requirernents of K C.0 21A 37 have been met CdMft oe NuwAn 21 Pie 2 of4 Die Isa+ed W2 ;;g OVERHANG EXISTING \ BARN \ � 1 RVIA O V awn CW y ' "NQ0�6'38"E 797.40' :'•".}off a�,fg'g" - a .. w SW'24'43'W W� s �9 4 mom � R H N $a�u�m��uTin IA� A'�i Sm��ruz`az`m�� ix �g a ) yy z r- T :. tirM y • .. o _ V • :.m Lift mm p 03 m orN$z�or8ry`m z O O, m ]Am �N �• S 3w � r uTMinw�'z���na�a�s c D i.+ '-.� -' �•psrN.w. �e m"'iar�in a Z ' .r�•�� 99r Oy121/471�y H Zi _ rnoi'I�� gyyo wn8 zzi U) X7 �� w� �-: .. or�bm ev Gov a s In ~1 Epp ....0 DI N sIL ..m ti� T:::.. �• Mb f OR qjtom 9Mpg�in N 95 Z €M Au ,,.... ;:.:.4 .> (D C :.'rcno CD --i > 4 Lk) 0 z n Q -i f ' U] . Lo z w H z '¢-A ;Sal{ 4A r Rig K G7 O z akA _CD €� Vi o D 0 V5o C y 4 T O N w �n O rU z > C3 -o o cn cY. 7 156f-h Avenue Sod ihealoi�:::. w K 13 554 it r- M M)C "M 25"E N OC- fZW'j4-E- 2W!_(Rl — - - - -- 0 z > U3 OM0 rh n I j 11IY16 spa Qq CL ct WAY 14 it x I my 7r I E r NY a 158th Avenue SE Is i - , .. 'q — I - - . - - T— --th kttnue P, 14 p -3 2, F; N00102201E 2623.731>pl 164th Avenue SE Highland Estates von:.... A PORTION OF THE NE 1/4 OF THE SW 1/4„ SECTIDN 14. TOWI NORTH, RANGE 5 EAST, W.M. KING4:COUNTY, WASHINGTON LEGAL DESCRIPTION PROVAL4 LOTS 1 AND 2 IN BLOCK 1 Or C[DAR RIVER FIVE ACTS TRACTS, ACCORDING TO PLAT R(COIt0F11 SK DP EVELOPMEMT A1jQ_fNVR10tINEM AL 9ER AOLUYF 16 OF PLATS Al PAGE 5Z IN KING COUNTY. WASHINGION, EKA ROVEp MS OAY OF ¢D _ "....... D DE _ ".k EIJLOPMW ENGINEER ........ ' EXAMINED' AND APPROVED Tt3y GAY OF do MA1,101IIII LAN USE SIPPOES DIVSNUN x _ _ ''• KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED TM D+Y OF KING ccuNTY ASSESSOR TY MHO COUNNTY AWE'S$* ACCCUNr NUMBER 1163H0-0005!45 KING COUNTY COJNCE "• 3NE% F6 AMO APPROVED Mils ,�.�r �`�•...� DAY OF PINI�Lc` :�TIEST: _ Ot50N, DNC Do1AHGL OF € CWNp. FINANCE DIV mm CER'[�IFiC1l7'S =' �T i T HEREBY CERTFY.ZHAT .UL PR�p�RTY TAlE4 ARE PM'.11MT!'�¢�'� ABE NO PB.BIWENT SPECIAL ASEE598,r1fS.OmnFp 'TA,71Bs plT¢ FON O ��CTHRI SyNp 'THAT ALL SPEgA1 AS5ESSIMEN3 NfRTIEd:TO Tf5 oFF1gL Fpt CpELECpd{y DiH ANY OF'. PROPERTY HEREIN OONTNNED, D1�DATD AS ITS, A_IiS.T, CR FOR ANY`V4R PUBLIC USE. APE PAID N FULL THIS DAY OFT:•-y A70(AP ma3 uANimH, T?tl7'F!F d"�e1.;. •;� '�,1 �REASURyb .._ + STATE OF WASHINGTON .. .. A1,>a}!�_Lp� G.. [.LR•1UdCATE li .... LhIl1JAIN •. COUNTY OF KING ::. FICIP FpR_BECORD.AT THE REQUEST OF THE IHRIG COUNTY COUNCIL THIS S �Y^ OAY'CF 4 •'POE ]. A.O.. AT SILL NINUTES PAST J.•,aOlp�Al. 1 CERTIFY THAT I KNOW M.NAVE SATSFACTCNY EVIOENCE THAT Cot -PAIL A•�KM! AND f��RD N 7K7LUM OF PLATS. PACE$ �� RECORDS OF KNG 1S TIE PERSON WINO APMAFft BEFORE M� AW,SAIO PETtSLTi'ACKNOWLEDGED THAT HE%NNf IXKARTY.'kR{SIINGNN,.'•':' .. SKANE6 THIS NNS7RLIAEAIf. 011 AS TH THAT•JE wAg AUjORIZED TO E<W7E 7 E INSTRUMENT AND AgfNO111.EDOEBp IF: AS THE S't + 1•Tru&u r OF ' •.:EIIM90N OF IKCOR05 AM ELECTIONS p1� QEB MRW IN TO K. 1HE FREE A,Id(G:YC ITARX AO PARTY FOR THE USES AND F'E PURPOSES MEwTI[AET N•.MF WST1H. T-, •:•.: DATED:'• .��rLaLLLtLf. fA .. ICHIN:,,,a '•rSIN1AGfR 'E'..- .— -!61— SIPFAINTEIIDENT Or RECOBBs � BY: _ • :�— d •;r6F p� _ RFrO1DING N0.��J_O �1i .i ORS D �O O 3 Har PYFJC•W. AND FOR UHF" STALE OF WASWNG7LTN .:..... : A*MIT, ur GCMNssaH ETwRES'•' lo. SAi- Zoy3 ,4;r RESIDING A.r'''':'''"•l�r'uMACF EH774 �'4j�nHNHHH SIIRVISYIR'S CER7TFICATE 1 REPAY CERTIFY THAT THIS PLAT OF HK]M.AND ESTATES IS BASED UPON AN ACTUAL SURVEY 1 SUS AND D11 OF SLOGAN S TOM COR 23 HOTTER RANGE E EAST. GAM.: MAY ALL COURSES AIYI gSTAH( S ARE SHOWN NYRRFCTAK MERLON: THAT THE MIOINUNEHTS WILL BE SE7 STAR[ [F wASI111fE'IEEI.• AND THE L BLOgI CORNETS 11/L BE W FULLY DDRRECLE W THEE PROP AS •'' 1Ru CD1olETEP MAT I HAVE FlILLY crewLEO WM THE PR0IASNNS of Gwhry OF KEW ., CME ONS I C*TEY MA'F.I KNCW I>R •NAVE SAIt$TACIORY ENDENCE THAT �T^ ••• IS TI4F PERSON MHQ'APPE/IB.7} BEF[I� 11E, AND " PERSON AIXHGWFEDGED MAT HE LLZ7! �J SFgNED, TH15'JNS7HUMEI7`Y. pN OATH SEATED THAT HE/SHE, WAS AUT{p D TO E gJIE THE STEPHEN J. DATE INSIIEUOE7IT'AND i�CKWDjME5CE0 IT 1T$ ME 17T E.� E Ia.\. M ._nT OF PACFESSIONAL LAND SUR4E+'OR :."BANK pr:AMETIQR TO BE - VINE FREE Wo VOLUNTARY M of SugH ARTY FOR THE USES AM ITF1CAlE H0. SIRES PURPOSES' ME M ED N THE IN51Et♦}ENT. ' n 5 TE OF WAEMNITION 9ATE0.'.. f { pT CLITF JD OF INC. J. y 1A711 R,E, NTH PLACE, SUITE yf�j W E. PA q BELLE I( _ }1. _ -� 616 �•y' 'rp'•:•O75�E�(B7877 PRNrNANeJL.L:.:'. /aripij.S •; +.+ S. "''•,.: NOTARY 6[I . N AND 1.1 .TIE rENgLW " fe�Pt STATE OF WAWHNGTON ' ..... M" ZJcOMIRIwp* E1w1BEs o"wo RE9DNHf.♦r+ MAl [L - DDES 04J NyeLOQPO009 DEDICATION -• KHOW ALL PEOPLE BY 7HESE PRESENTS THAT WE, THE UNDERSIGNED DIMER5. UP 1N1EijV-j 1 7HE LUC 4ERERY SUBDIVIDED. HEREBY DECLARE THIS PLAT TO BE THE OIAPIIIC,•11EPRESIN ATNIIf• THE SUBOPASION MADE NEI✓�Y, AND DO HETEIY DEIFCATE M THE USE CP'THE PUOLJC ALL STREETS AND AVENlE3 NOT SHOWN AS PRIVATE 11alC H AND DEDIC4$* THE USE THEREOF TCN ALL PUBLIC PUF9DSES NOT NOONNSISTENT WITH THE USE iTHEiT[DF FHR PUBLIC kIGHWAY PIRPUSES, AND ALSO THE RIGHT TD VANE ALL NECESSARY COPES FC t7.'_P AIA:RLIS uPD`! THE LOTS AMID TRACTS SMIRK THEREON N THE 17MGNAL REIlSC11AFSLE BEADING END' STREETS AN7 AWMLES, AND FURTER DEDICATE TO THE USE OF THE PUBLIC ALy, THE EAMMENTS ASP 7RACIS BIHONN ON TIT§ PLAT FOR ALL PUBLIC PURPOSES AS ICAlEO THERI INCLUDING'IJUT NCT UNITED TO PARKA OPEN SPACE UTILITIES AMC DRAWAOE13K UNLESS SUCJI EASgNE415 OR L PERSON OR ENTITYY-.NAM ARE FlIDENTIPM ON THIS OTHER THAN THE PUBLIC. NN WµICH BCASE LE DODEDCANNEERS�OgRy CElN4CA6t%DJ�TO T, STREETS. EASEMENTS. OR TRACTS TO THE PIOtSQN OR ENTITY IDENTIFIED 8O FOR TE'ph W.' STATED „ NRTHER, THE UNUMSICNED OWERi OF THE VIO HERFAY S1RBE "W. wNTi( pR MEM50.ME5, T UR H FS AHD ASSKNS AND ANY P[P50H OR ENTITY DERiNN4'-T1EF�FR(81 lTl>f•.LFgRSNrf{D, ANY AND AIL CLAIMS FOR DAMAGES AGAINST KING COL1NT', I7$dv'C�rT�L�-AAD'AWGS WNW MAY BE OcCAs101EG BY THE ESTAMMMENT, CON]TRVC710j{1'IXI YMIIENANQ'•pF ROWIIs„ • ANIY/OR DRANAOE SYSTEMS WTHIN THIS SUBDOASON 01HE@ MAN 01I REFAILYNO FRdi'.:' . •. •+ NADEWA7E MAINTENANCE BY KING COUNTY FUR7HER. ME UNDERSIGNED OWIEAS OF THE LAND HEREBY SUBDOV ii:7TORES FOR TFEIRSELTES. TER HERS AND ASSIGNS TO INDEMNIFY AND HOLD KH� COLNTYr'175 SUOGf II AFN6 ASSHNS, HARyE55 FROM ANY DAMAGE, wcEuoNIO MIY CGsrs DcrEN94 CLANED BI( PERSWS.WI7MIN OR WITHGIIT TM AIBOINSIGN TO HAVE BEEN CAUSED 07 ALTORAAMS OF THP,GRCIND S}l1�ACE, VEGETATION, MANAGE. M SURFACE OR S/B-SURFACE 7FA RGM MTBN TINS SDBGV W OR BY 6TABUSHNEH7, CONSTRUCTION OR MAAITE71ANCE GE ROADS WI11BN TINS;SU®INSION. PFC,,=. THIS WNVER AND wocuwcATON III NOT C(E1$TRVED AS KWO COUNTY. ITS SUCCESSORS OR ASSIGTB. FROM VAI IU TY FOR'bAABIEF_S. IN� H�E'GODZf GF DEFENSE. RESULTNG N W60.9 OR N PART FROM TFi NEGIJCERCE OF KEG;, T1. ITS: S1CCtSSOR4 OR ASSIGNS. •; THIS SUIWSIoN, DIDICATION. WAIVER OF CLAWS AND ENTO HOED HARMLESS IS MALE 'PITH THE FREIE CONW97 AND N ACOORDANG� WIT 7HE�BEST OF sA1p.,0YMER5.,•,' N WTHESS WHEREOF. WE HAZE SET OUR HANDS AND SEALS .. RFpHpFeB-, iNB K%LSNF. V"M V-V-. I. A WASHINGTON CORPORATION 13NWTC•'DE:IMHETDCA BY.. er.;�(rie+In ' TS, /iR+.SrIK6 - ITS: %AJLG Prt t,'i dt •T R] 3'dM'YC.Y-anSA�noF 4�ORE7TTE /` ACKNOWLEDGMENTS :. /7v PG. 4 CAE 7171 E ME xplN prou y1n rDl I— al6w., w�Llpo, RBOBi +2S-dB53ari Fc�e25.BBS.rD6] �� DESIGN � ENGTNEERFNG • PLANNING • SURVEYING O SHEET 1 OF 4 JOB NO. 020795 Highland Estates VOL- Pe,, A PORTION OF THE NE 1/4 OF THE SW 1/4, SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W:Ai' KING COUNTY. WASHINGTON PLAT RBS7RICTION3 BASSi39NT NOTES ':• •RE�AIEO 1. TRACT A, A RECEJUTNN TRACT, rs HEIR8( GRANTED AND CCWvEYM TOGETHER WM ALL YAN 17. THE 10 FDD7 A 10 FODT PISYATE SEWER EASEMENT SHOWN ON MAZY'n•rs MOODY FdC:.VD GRANTED OEUGA7IOS m THE ESTATES MT HOMEOWNERS ASSOCIATON UPON THERECORDING OF THIS_ T. TD THE OWEAHS} OF TOT SASH OWNER(S) APE RESPO151B1£ FOR THE M JHANCE OF THE'-PRIVA7E SETTER 2 TRACT B IS A PRIVATE JOINT USE DRI4EYMY TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS IM'AD 20 AD EM FAC1U11ES WM 5N0 EASEIE]Nf. IS HEREBY COHIEYEB, UPON THE RECORDING OF THIS PLAT. TO THE HIGHLAND ESTATES HW HOMEOWNERS ASSOCIATION FOR OWIFRSHP AM MANTENAHM AN OYTRLYNO EASEMENT FOR NGRESS, EWM 1MMYATE DRAINAGE llw TOAD FOOT WATER €ASIGNINT SHOWN ON TRACT A 4 Hb&W. RESERVED FOIt'IFD ptFN1ET 74• THE KPH& .. AND UTILITIES A HFRIDY CONVEYED ro OWNERS OF SAD LOTS 19 AND 2D. WATT]! D"acy NO. MO Sm WATER oIST1ECT IS mEw" -F.w THE WINIENWNCE OF TINE. WAIEHR FAO�LI71E5 } TRACT C R A P1RiVATE ACCESS TRACE FOR THE FEIETTT E TTE OWNERS OF LOTS 19, 'aO. 21 AID I$ RECORDING OF MIS RAT TO THE II ESTATES N ' T0. TIE 10,�p F00T WATER EASEMENT SHOWN ON MDT 37 SS}�eEa� IE.Ef•ItrF;1O! 11D; 91A{/I� TO THE KING IWJEBY CONVEYED WON TIE H -AND TONS FOR OWNERSHIP AND MANTDINIQ AN 01DEYNG EASEMENT FOR INGRESS, EOESS, PRSYAIE DR.�NAE A� URU7E5 IS HERESY CONVEYED TO THE OWNERS OF SAID LOTS 19. 20 AND 21. ' STY W4l1ER GSpUQY N0. EO SAD WATER O41WCY rs 1RLE FOR 1TE MWNTENANCE YF 1SHE WATER FATiU11E4 WTHN SAD EAGpOIT• 4. TRACT D IS A RSVATE JOINT USE DRfoMY TRACT FOR NGRE93 EORESS PRIVATE ORANAGE AND U71UTIEI:FOR THE BENEFIT OF THE OWNERS OF LOTS 29 AND 30. ONFERSIEP OF LOT 28 AND LOT 3O WARN TFIB FIAT NCEODES AN EQUAL AND "AIDED OWIERSNP MEREST N TRACT D. AND AN EQUAL AND UINOIEDFD RF5POIEMIBERY FOR 1Ei MAINTENANCE OF SAD TRACT. 5. TRACT E IS A PRIVATE JOINT uSE DAWWAY TRACT FOR BHA WQRESS PRIVATE DRAINAGE AND i• FOR THE BENEFIT OF THE DEMURS OF LOTS 53 AND ' 010MRS � OF LOT 53 AND LOT E WW, jEQ PLATMi,�lollDES AN EQUAL AND UHINNDED OWNERSHIP INTEREST N TRACT E, AND AN EQUAL AND -*Jm/W,7 YAWTEHANOE OF SAID TRACT. '':. 0 TRACT F IS A PRIVATE TRACT FOR PEDESTRIAN AOCES4 PRIVATE TRAWAGE AID'.FU r EHERNNCY AFAII�l AUY'4S AND Is HETFBY CONVETD UPON THE RECORDINQ OF THI5 FLAT 10 THE I�AEAN.NIb EySBYES HW HOME 41;E ASSOCIATION FOR OWNERSHIP AND MAINTENANCE 7. ROAD MPS FEES PER Kr- CODE 14.75 FOR LOTS 2 THOUGH M. ' "LL''�_ THIS PLAT IS SUB,6T ro KING COUNTY CODE 14.75, KING oxwry ROAD WnCAl PAYILHE SYSTEM S. FOI LOTS 2 T.H. M. THE MPS FEES PLUS THE LIPS ADMINISTRATIVE FEE 4HULL PAD A4,T71E TIE NIII - PERMIT APPLICATION AT THE RATE N EFFECT AT THAT TIME. ROAD MPS FEES PER KING COUNTY CODE 14-75 FOR LOT 11 , l' ONE RESIDENTIAL UET OAS 17D4T810 AID aGNAPED TRTHHN THE THEE YEARS PRIOR •7p APRICATIOFf'L1aFR DEVELCPMPR OF TM SUBDFASM EAT L N THIS FLAT SHALL WE EIRWT FORM THiF: TJIYIENT OF FEES REQUIRED BY ONG COUNTY COPE 14.75. RTICATIM PAYMENT SYSTEM- REE KIND CDLMTV,,p€PMTA�ET R mAHEPORTAnaI P WUC RULE 0.21.i. B THERE SHALL BE NO DIRECT YEH ICIAR ACCESS TO OR FROM 1544 .AYEME SE FRdf' MF{Y LLY'JN,TINpM .TjES AA7. 0. THE STREET TREES PLANTED WHEN AND AOR ABUTTI G EDIVDUK LOTS W1TIN•.THIB PLAT APE To BE OPNm AND LMNTAI ED BY THE OWNERS GET SAP LOTS 017E SUCH INE AS 00.M1Y OR`VP$ SUCCESSOR AGENCY ADOPTS A MMITENAMQL PROCERAM. 10. THIS RAT S SUBJECT TO OREHAMS, WNO9OS ND 1ESTPrAN7S Aq C501.05 D•JTY NSTRIBBHT ra Re lAeCOROEo rv"G WFN6 T+VE Pt:4Y. TE IEiR.4D ESTATES AN HOMEOFNLOS ASOOATp1 WAS ESTABLISHED OCTOBER 10, 2002 11. THE ROAD AND STORY DRAINAGE SYSTEMS SHALL BE CONS m.•, ~ APPROYM RAN AND PROFILE, PLAN NO. P-2064 ON FILE WITH KING COUNTY DFPNNFENT CIF DEVELOFWEHT EHNIgINYEE11Tu SORVICES Q FUI THE APPROvmAGENCY, HI FfJEES :TIEL NeEGl71E WWTI�I APPROVAI;YROM TIE PROPQI .. 12 THE P030M SCHOOL DMTWCT HAD NO REOVIRIE31T FOR PAYMEN Z SOOOL•.ipACf F'iE5 AT 1HE THE O" rPML RAT ATROYA.. AT 1W TIE Or EREIDNF POW APRICA1O14 �VIOOL (PACT.} MALL E EVAWATEII. AND IF AFPLICMLE. SHALL BE ASSESSED (MO THE:IMPACT FEE SCHEDA.ES.E) EFFECT AT THE TIME OF PERMIT APPLICATION) AND O=MIM 10CETmR WITH THE MRAISIF ADIAESWATOK FEE rOR EACH LOT. EA9MONT NOTES I. AN EASEMENT B FEREFY RESIGNED I RINIDM. GAEST TELEPHONE COL. TAJEF AM ASSOM UNDER 40 UPON TRACTS AOJ@!O THE STREET FRONTAGE OF ALL UNDERGROUND OR N OOONT ATT701EQ-.TO A EUADIEW, 2 THE S FOOT PUWAC MANMi P-%N 7IT�SMOAN DM WTS'�31 S2 55. Ok- ND TRACT E IS FINERY RESERVED MR AM GRANTED ro HONG COUNTY PON S7OBI DRUNXAGC F NTNC COUNTY S HEREBY RESPOFISIWIE FCN THE YAHiHANOL a THE HRIOLIC GRAT PRIVATE�8A1A�(1EQFIAf �S1TE5 LWgTINSN . AfiQ S. THE EOD THE�OWNERS OF r.EW 9HA(OL BE MaPWM PON TEAMAGM.f4 11EH4FLE (IF TUTS PORTON OF S FOR THE BENEFIT Or LUM 4E5' 4 DF41MPORTIOE FAMM THE DRAINAGE 1U*rANDN Eg1Al1Y SELARE N TIE LANIENAHCE OF 11uT 4, THE 5.00 FOOT PRIVATE ORANAGi EAEELENT LUM IL A f'r4N0 8 IS FOR THE BENEFIT OF LOTS 0, 7. 8 AND 9. THE O'AFERS OF SAP UDIs ¢IAµ E t FOR THE Mi1NTENMW OF THAT PORTION OF THE pMNAE FACUTIES TREY NAVE 9PETIT:OF USE. AHD MAU EOUAILY SWIPE N THE MANTENAHCE OF THAT PORTION EF THE 9RANAE FfP.ITES USED: SIT COM%W B. THE SOO FOOT RlNAIE QRATAff rAmruY;MTIN lDF 9 6 FOR TE BENEFIT Eri OAST 1G THE PTMERS PF '. SAID LOTS SHALL DC RB4d®f [qt Tw INAR4I041NOL V TuJ PGRIOH OF THE CRA AE F4111 "THEY !LAVE -. BENEFIT OF USE. IL SHALL EOVA.LS� N TIE,` MANTEHIALiQ GF THAT PORTKN OF THE DRAKMAE FACILITIES USED IN LYDBIaN. R THE &06 FOOT PRIVATE D EASE'LETiC 1ETIN OAS 13, 14 15 AND 76 IS FOR I E IE1EFiT OF LDS 1�AS ^: 14 AMD 1a THE OWNERS OF LOTS WALL BE RESPON91BlE FOR ME IIMNTL WOCE OF THAT POi7ON OF CARNAGE FACRITE5 THEY HAVE BRREFTT OF USE AND AL# Eg1J1LLY SHAPE N TE MAINTENANCE OF THAT . PORTIOM OF THE DRAMA.FJIgJ1ES'U51D N OGMION, .: 7. THE 5.00 FOOT jhjVATE DRA/MIGC:,E IEENT NTIN LOTS R3. 24. 25. 26 AND 27 15 FOR 7HE BENEFIT OF LdfF. 24. :5, 28. n AFNPD 2E THE OMERS4F SAD aa�l GE HEM MBLE FOR THE MANID¢ANEO OF T4lT '. PORTION OF FFE.IIRAAMIE FA(i1TES 1H1EY HA4E T Di USE, AND SHALL EQUALLY %IME N THE MAINE{,N - 1::... OF THAT PORTION OF THE DRAINACE FACIUVO USEb' W cOMMOL B THE &OD FOOT PRIVATE-,.,AftSHOE EAST NTHN TAUS 31, 32, 32L 34. S6, 3B AND TRACT D 95 FOR TE BENEFIT OF LOTS 20. 31. 32 3.T. J4. 35. bB AND 37. THE CRIERS OF SAD LOTS miA L WE RESPONSILE FOR . TIE MANIFNAKF a T POR71011 OF 71E p4AlA0E FAO TES THEY HAVE BENEFIT OF USE AND 5HAT�.EOUALY SNARE N 11E 11 fF•RHAE'JRORIIaI OF TE ORAIUfi fAtlWTIFS USED INCOMMON. 1 Tw SOD FOOL PRIVATE 00AIL GE EBRM[TTAH LI TS > . 3% 39 AND 40 I9 FOR THE 904MT OF LOTS'SL M. 40 AHD 41. Nw pMERQ fF LDTs M RE TZESPON�,2 FOR TE MNMTLNANCE OF THAT PORTION OP', THE DRANULff FA61T6 TIDY 111( :7!(NERT CF lFa� AHO = FQGALY SRARF N THE MAKNIFNANCF OF THAT RRTIQ F w .THE DRM.GV-,FACLITES USED N, 10. THE.' S.03 NOT PRIVAt DRAINAGE EASEMENT WITIA LOTS 43. 44, 45, 40 AND 47 15 FOR THE BENEFIT OF LOTS T. THE Gal Y4OT PRVATE DIY/lNA¢ EASEMEENT WITHIN LOTS 48 AND 49 13 FOR THE BENEFIT OF Lon 47. 48 AHD 50. T# (W MPF SAID LDT!f OMt RE RWSPC Sq FOR 7 E MAINTENANCE OF THAT PORTION OF THE ORANAGE FA¢FIW5 TEY FNAK.HEIEITT 6 USL AND SHALL EQTALNY SHARE N TIiF MANTEHANE OF THAT PORTION OF THE aRAR ASiE FACUM USF�D IN COIIYON.: 12 THE'Rpppp FOOT INMATE WU%P4 f EASEM W WITHIN LOTS 65. 57 AND 50 S FOR THE BENEFIT d' lATS B7, Be AND 68. TIE OYMFR4 H}F S40CIAT9 SHALL BE pE9PONSIBIi FOR THE MAXTENWCE OF THAT PORnOU OF TE pR FAQI>{EB 11KY "1ETEfIT OF USE, AND SiAl EQUALLY SHARE N THE MAINTENANCE Q• THAT 'PORIOX OF TTE BR1�{AOE FA9lIlE5 usm N COMMON. 1S. TW-AM FOOT PRIVATE PROiMM EASEMENT SHOWN ON LOT 18 IS HEREBY RESERVED FOR AND GRANTED m NNE HCH-MID' 111 5 NW NOIEOHIEI6 ASSOCIATION. SAD ASSOCATCN IS RESPONSIBLEF'ON THE PRVATE DRAINAGE FACIUM SAC EASflcfi. •:'• :{4:•.11N�E TO FOC{xao FOOT FKYATE DRAINAGE EASEMENT SHOWN ON TRACT E IS HERBY RESERVED ran AHD WA VM TO TFE 004FTIR)'4s LOT 5Z SAID OWIED(S) ARE RESPONSIBLE FOR TFE MAINTENANCE OF THE PRIVATE wv0F0.)LKS WSDA�TE ..... ORANAq T 9FOMIF CH TRACT E IS HEREBY RESERVED FOR AND -.. CRNN7ED 10 TE OF LOT 85. SAD ER OWM ARE RESPONSIBLE FOR TE MAINTENANCE OF In PYTNATE »"bjANAAE FAEJi4 SAD FA9EMENT. 18. 71E TaaO FOOT 517iETn SERER EAM434T &OWN ON LOT 20 IS HEREBY RESERVED FOR AND GRANTED TO THE SAID �. THE DM1 _OF RWTC1 IS RESPOFSIBE FOR THE NAXTENANM OF THE SEWN FACILITIES WHIN DDES FLE NO. LOCP0009 BEIGES 2 THE EO FO01 Y'45 FOOT WATER EASEMENT sNHOWM ON TAT 18 rs RESERVED FOR AND WANIFD TO THE KING WITH �-NSAID F. H0. 96 SAID WATER DISTRICT IS R�ROMEBLE FUR' MAINTENANCE OF THE WATER FACILITIES 25.,'jkE 5 FOOT:•% 70 FOOT SANITARY SENIOR EASk3M71Y SilOwl ON LOT 1tr'i� IEAf9Y. Y1E FDR AND GRANiD 14 ... THE: CITY OF RERTN. THE an OF RENTON S RESPOMSBl roR TIE WIHHII!'� i C SEwR FACUiwS will .,SAID EASEMENT. -.. .. 22 THE ICI FOOT INNATE ORANAOE EASEMEIIi.ERRNEN 1I,'2¢ AND M-. FCN TINE BONOFIT OF LO74 20. 21 AND 42. �EppORfERS OF SAD LOTS SHALL BE FOR 7iHHEE. . OF M -.T OF TIE DIIAN/v�FACJLITIES THEY XAYE BEt#FTT OF USCEOUALLY�MN 1yE YNNIERINCE OF SLAT PORTION OF1}RUWAOE FACRf1ES USED N (>JWGN. GRANTOR, OSIXLYNG 7RACT5 F, W AND C IRHEREBYrOEYgCATED TO THE PI#JC kW FOR PEDESTRIAN ACCESS FUEPOGES IC 1M 5.00 FOOT PRIVATE ORAN42 TAME 51OWA.-CM LOT 11 IS FOR THE Kilta,T OF TAT Ia. 71E OWNERS OF SAD LOT 10 MALL W RVAVNSBIE FOR .TINE YMITFMIATNOE OF I E PWYATE ORUEVDE FMUI6 WITHIN SAD EASEMENT. 25, TFE 5 FOOT SLDEWALA EASEMENTS SHOWN OH [ALt 13 AH 1147-1.2•,!!MP•rA 27 AND 25, AND 35 AND, 37 ARE IfRMY DEDICATED TO 71E PUBLIC USA "FOR O RL.HPOEeS, MNG COUNTY DRAINA R BASSiaXNT AND COVENANT ALL DW*WX ELSENENTS WITHIN r,19 MT. HV0[-SFOWI AS Y*VATfJ''%RE HEREBY DAMMED AD EOM.YED TO on COUNTY, A POPIIryiL SUBDIVISION OF TE STATE OF 'UNII9TOK, FOR PURPOSE OF CONVEYING. SIOMpY , NN^JID AND FACUTA7NG VOW AND SL¢ACE 1WOPR PER17E ENCINEf1A10 APPROVED MR T16 PART BE AW'K' COUNTY. THEEPHFF TEEN THE RKIHT OF AGLf58 AUO m ENTER SAD NWNAE EVu°ElltrfF FOR THE PUOPOSI OF NS7E OF YMM NO BIYpVID THE DRANIf,E FACEBE4 L'OHEYIED THEREIN, NOTE 1HA DOLFPT AN THE' WINCH FIWE BEER FGRVLLY:ACCEPTED FON MANIENAICE BY KNW COUNTY. MA TERYNCE OF D14YW6E FA]UWB ON P18VArE,J PEATY ET THWE*RGPPE M1U1 Y OF THE PROPERTY OWNER. THE OWNERS OF SAD PAWW7� PROPFXIY NE'N�}IBIPm,4''bII4OgYN'.WBORMIY AIONPIFAPPRWAL TROY RIND 000HRY AND FAM NFuPROOPERTY �7UfSAHO SUCHrWanS� Q6�'Ia.�MID" CW�tl iO. FWBR ro FILM PEPEHFC. DING ai REM17" 4EDUATON (E1�CEPI FUR LA DSrAk L 0ft NCE: IUKI AS LAMM MOVING) N a" 4EOE."'M DRIHNAGE FAC1U (gR •As SEWJ rS WMELS, DNRXES. P4OB. Gi OR FFIFp6MN0 MY ALTERATIONS OR LLOPIFIODICS TO ll� IIEAFigE FACBREq�;CpEgRID WIRMN ,TRIP GMF4WE �:SEA,E}FF ff a 6 S1011TE ORAWRE FMUIE!L THE EASCEEMT ANDAM OBFO UN THE 6NFFR DF S/pPRIVATE PRWRRIY, TdM HEM. COUNTY`''DRAQ+IA B ;,iiS1 1T AND COVENANT YOR RECREATIarr'•�tACTs: �:•; .- A ORAf1AA0< EI®i]R'AFR.CMTWIT. OVER TIMCT'A s HAY Gr01MN1ED AID MHAEYED ro KID CDIWWY. A or OMARIIE7A_ �w ARE MY or DE4ESORNOHT AID 1NNGR�iIAL 1[aro d1 ITS SOCCESsal1 fIDYCY, FORBAD MINS SUC ASAS G�AHIL QWDBIG, PRKItL•.TO FBLWD; PPNM CUTTING OR REMOVED VWUATOH IEACEPT FOR ROUTINE LANDSCAPE 511CIN AS LAINR M01'NG} N.bpP1 VET{TA1ET DRAWNUE FACILITIES (SUCK AS STYLEFs PRIM ELS, WIT ES. pp' } OR PERFDRFMIf, ANY ALTLI9MO OR YODFTHE TO E DMOE FACRXr1ES, OORN® WITHIN SAD DaWTYc�"r�EMONr. RBSTMICTIONS ST�T@ FC W7:'EUL9BERT HONES DN ENT: DnER ROVAIE EASEMENT SHOWN AND TEN M2111 A MWERIu GTIFMERGfpH THE STATED UTIRE� -NIESE EASELEIN75 AND WHnBOFS SHALL BE A COVENANT KMNNO WIN THE LAID A10 AfATA t£ STUD QI THE S'bCR35OR4 iIFMRG AND ASSIGNS OF THE OWNFINS) OF GAD HERESY i]FMT:D- MEOW102(* OF TAT MFFIIEB AND ITS Amms SHALL NAYS THE RGiT WTXOT PRIOR INSTITUTION OF ANY SUIT OR TW S t LAW SUIOFH 71ME A9 MAY W NECESSARY ro SKIM Ul" SAD EASEMENT FOR 1111 PURPOSE CF WANT AEPARINO, ALTERING, OR RECUSTKK010 SAD U1WTE9 OR MAND ANY CONNECTIONS 7142eETd. WTHIOUT WANF�[ AHr lEou OKM71ON OR LIABNTY THEREFGH: MN04M THAT SUCH SHALL BE RFT N AT IF EXISTING PMVATE IMPROYDAENTS ARE DISTURBED OR DESIFOYED T4U WILL BE A�CONDITION SBEAR AS THEY MOW RwED1ATELY BEFORE THE PROPERTY WAS ENTTWM IW'OII BY ONE 81! EFIIEO. TE ONIIfR(577 OP TILE BUWENED LOT SHALL RETAIN THE RIGHT TO 119E THE SURFACE ,OF SAD FASEIILINT IF SUGI USE BOSS NOT INTERFElE IRTHH THE NSTA1LAIM On USE OF SAD UTUTIES HOWEVER, --Xl'J O':?: BURDENED LOT SHALL HOT ERECT OR MAHTAN ANY BORINGS OR STRUCTURES NTMH THE EAST. ALSO'Ylw OWL'S) OF THE BURDENED HOT SHALL MOT PLANT 1FRES, SHRUBS OR WZTATDN HANNO DEEP TOGI-PidI11NS WHICH MAY CAUSE DAMAGE TO OR INTERFERE WIN SAD UTIL IM ALSO TE OWEMD OF THE BUIDQIGI' T SNALA NOT OEVELOF DR BEAUTIFY THE LAS04I NT AREAS IN SUCH A WAY TO CASE \i COST TO '7EE DO ER(S) or LOT BENEFITED PURSUANT TO ITS RESTORATION DUTIES HOmN. FWATE DRAINAGE BASEMENT COVENANT THE OWRN�5 OF PRIME PROPERTY WIMP THIS PUT ENCU RETIED WITH CRW E EASEMENTS SHOWN M 'PRvwkw, ID4F.5M' ORRFxT AND CONVEY TO ONO COUNTY. A POLITICAL SUBDBA910N OF THE STATE OF WAMI NOTM THE RICHE, BRIE POT THE E J*TION TO CONEY OR STORE STORM AID SURFACE WATER PER 111E ENGINEERING PLANS APPROVED FOR TMs PUT BY 1� COUNTY. TOGtiT1ER WITH THE NIGHT OF REC"R41 E ACCESS ONGINSS AND EG RESST TO EDGER SAID DRARNFE EA471ITI'.••FBA0N11 TTK PUIWOSE OF �]hT4C T C THE OILERS ARE PROPERLY OPERATING AND WAOTAMING Tw ORA►�AGE FACE COMOI/Hm THEREIN. THE DYHIEIF�+.ppFF SAID PRIVATE PROPERTY APE RE&PON SARI FOR OPEIYTNG, M INIANXF AND REPAIRING THE OMNMGE FACAlIES C9NfAFIBO WTTNEN SAD (IRAFP6f EASEYERf. AHO ARE REA!$Y REDIKED TO OBTAIN ANY REWIRED FERWIM .._ .-.._.. _..._. __....._ _.. .._..._i_._ .___....._.. IPRQPT VEGETATED RDIRE AI ND6l FA YNADSU CH S S AS LAWN N EI.5. DI OPEN YECETAIED DRAINAGE FACILITIES (SUCH AS CHD08EM.Y S �e PONDS, ETC} OR PLIWORMWLR NW TKIMW5, OR r CNTA W SAIDHE'ATIRNS T] Eh9 OMOMG[ ENTRIES, fnNMNPM WRIWP ugatrE SAID DWABYE rAmoa. T6 COVENANT SHI LL RUN WITH THE LAD AND IS BNDIND UPON THE +!F4j• ,t•• OWNERS OF SAD PROPERTY. THEP HEIRS. SUOMMAS AND ASSICN5. r C 1f7T11VE ]9M Plm SiIMW TO) � B.Ir W-hbw- "W7 424885J877 Fc.R 435.B85.7Fd3 �'aEStGN v� ENGINEERING - PLANNING • SURVEYING \ OF 4 JOB N O. 020745 .1117 Highland Estates zac�14 -FWND J" MISS A PORTION OF THE NE 1/4 OF THE SW 1/4, SECTION 14, WRFAM Df� TOWNSH '�NG COUNTY t�623 NORTH. RANGE: 5 EAST, W,M_ COH TRIOL - w/pumcm OUNTY, WASHINGTON WN No No" RENTON OD14TRO. No .7 X_�ooe�- Py I/ Z_Ngo� A�D �0,f J*­*"-- , -,hR ITN J Z rA 117- /wo lif lrc=SEE 6 rov 'o, Ir OR I R1 A . E -7 T"5•� MN.D.13RA R5C� =0AW,H'COAC. N, H CTY EOTC12� 15 Nsa*wlp,w 2d;Z86 130TH STtm210kNero IATk SEC . 4. 1307 130•T27730\\\\\\\ CONIC MON W/BRASS c� w/� 2 3 4 5 �oa e 7 e 8to TRACT NOW L TRACTS AAM F AM CCNMDERED KOO 19A."M A -MCIr 19 LAND RMWD FOR 1413 M ill SPEGM USESMoLIMWT MXTRAM RECREAlF RPXVE XWAXE WATER RE7RNTX VMJTY FACLM�AOCM TRACTS ARE NOT CONSIOCRM LOTS OR BULDHO FOR ftmv= Of REmomAL "nur, IR A HOUSE ADDRESS*G 5J sA x N KINVEXIAL ACOMMES WLL7 �,=WTO TW rM oem�O RESIDENCE OR WILDING IN crff OF REMM AIRI(MMON C0IV&;hW AN EASEWENT IS H GOER TMWTS 8.,=091^70 m cm or Rwmm PUMPMW FVMAE.'' B474EWY VE)OCM ACCESS,' -THE M OF7 •La SWL MMOW EFF90M THE JW;� C" ANNKXKf"L W- 13M I W1 oftm AWK OF MY TZ ON 711� OEBY IMTIERWFRFR=M F4 � ML" M L yON"N' :=.TAMM OF 12.11M P%�� M MILES COH� . PREPARE 1118 a', ALRES 1WIE YAWS AMJRACY AM & im ki"i FED — SURVEY ,SECCOID MWOUTE KMNOL ANGULAR AND DISTANCE A UM Sff4C ODbEINM ELM"C 1� WTANCE MEASURING WM WAS UWTO RELA'nOHSHPS KTAM THE �.MMMEN[TATION AS %M. CLMAE RAIMOO OF E OR EIfLET11EO �TQ -130--op 0, OjECI TITS WkSRMMPARED TO DATE OF THE 9A ,Ky. 4MAJ�� SIOM AS 1 NOTED OTHIERWM .& M OCATION OF 7M WJYHWMT UNP FO WERE WOM THE WEEK OF AM 4 CORNIER OF MOTION 14 M=lr==VW.'THE PER THE " COUNTY SURVEY 0ON17M 91 -�-044 CALLS INX HUD THE PLAZ OF CEDAR MWER FrA HAS MTN PftOPCM!TXWED AOCJ71R1RlOLY F,kARCHED FOR HUD LOCATION PER K.QS.C. 11Y,E NOTE 5 nms srUT. INT UK OF S!WM 14 AS SHOW ON SHEET 3 OF 4, * TO MTAMMH THE ORMIL BOMWY OF::. KM TRACTS THE OWNCARY OF M PLAT DDES FILE NO. Nammw,w zov is CAW ND STREXT tt BLM 2 CEW WER FIVE ACM TRACK VOL, Is. PO. 52 BASIS OF BEARINGS KWW$rW SEMEN THE MOI;;_.WT NM 101 AM 105Z FOUND I" PLACE . . . . 01 OF MEM MORMWAL COUTIRM NETWW PUMrM HOWLAMER 121, 19R4 13M59 (1252.15 PLAT} FOUND S, x 3' OONC NON in CASE W/PUNCHED RONIZE PLUC DR. 1 1P SEMON LEGEND WBDAqS1LW is FOLM MOHUkM A3 NOTED + DMGRAM r Coff 1711 MWE _Mw1h- _990,0101 r QUARTER 98ffM AS NOTED Ba­"*1"7 Tj SD&E- I - 20( Wei" Omm AS DESfGfV 425.8&5.7877 F-425.80.7%3 )=JCKING CORKY SURVEY CONTROL fl ENGfNEERJNG - PLANNJ)40 - SURVEYJNO SHEET 3 OF 4 JC)13 NO. O20745 Highland Estates A PORnON OF THE NE 1/4 OF THE SW 1/4, SECTION 14, TOWNShLP 23 NORTH, RANGE 5 EAST, W.M, ,,:KMQ, COUNTY, WASHINGTON 136TH ST. RIWf W MAY MDCAMD 10 rE 5 mATE EP.NUIf -AY Mr Rum; rm ROM yposis m wT 3. 2ff. 2 1 PRIVATE AGE Eh3VENT 1/4, SEC -I. " THE PEOMM W MS -2�5 'j.. KA7 TWIT OF UPY=TM g NE, -25.91 45 -4&es Rm= QoN m IaoWeanS 4 ul- or 14 b� lingsr ;, 11, - LIM - - - - - - e. lb 1 PE 41- 3o, gig i W 2. 4m 5 -'r4 9g NArwq'K mal 4111 40 sow 9v 50.Ds l mw meTow, SO "mis'r I DZTE 17"FmTE DRANACE M2M 91 NOTE 9. R 39 SHT. 2 ':.j 7 # 7,� I � ��'l 4 13 44 9 1 - 12+4 I " I t T. 3 2JD'- 238M Neavo mf Q No lirw -z t,36T�i -.17.o To 2WM TX Am a Tm PLAr L------ .7, 7 V. -ME M5 .WE TO OT J 47. 46 45 Rig WDIENT SM "IEM 31T 2 V5 v 44 36 z -Wro IrF Smrm�g% CALE: 4 48 35 9 a. LLY T DRAINIVE %E NOTe ". "mmqw Mm TRANSMON KOTE: 53 M OM AIE Plot sm p6m owwm om m mmm amm I :.. � 1.11 AS MOAK THE z 49 Ew Noll 34 I a 56 1 u PIPM-7-my ME K pollm cll'�MMM OF v mawle'N mw-w-4kv or.1 PL &L 4 Am AT marr Allms To tK rants OF TwToaEra15m m- SE% moj `w mum T -xE �m lz 3.3 50 At g W n Esip Nn t sw- .1 NOTE I'mT. I _.4g �111 .2, 55 f, "T. - -*' 9f 32 Ij -j4- =- IA,— �- � 111 , -, 51 56, II MANSTIMINµiE wwlj I -=5E", � X -1E 71) 117T 7 SEE NOTE Z Nmovins - - - - - - - - - - H mom 14 wl. 2, . hs"o, ton, uluff Ja%,j1TH PL.-. 8 TR F uo I . — . 31 & EAM" sa NOT I., se tf,�. 7 w,,r SEE RlEsm xiN 15.t rAT SEE FIE M 41 :9:1 sm Sam sm "No t L .30 NOTES i ll�' �7 1 ': :, V 5"nialc umTr SEE NVE 1, �-LMMT Mal 24 25 �g 21 19 0 22 23 M ag 28 S Tm, T, 27 SHT 2 I OIL- 29 - - - - - - - - - - am 3v FSPxs-mNWGEAhm cm.Rzm cohs4� Fo$mTu 1/2, fum TTH rLLLQW OF R�c W STAKIPED 'M 125212' W/MWW KASTIC CAP alLE. or omriz. DESTROYED MC -NT,- t-ID ID.5Q FEET COW 11711 1lE2P*P1",%ft 1111 11 -41 AT $TANDARP t3NMI COUNW CWM&7E &M FEET WOMPIAMT W CASE 42-51 47 I -So rFEETw*Akw- "04V 46-0.50 FEET 7. X SET TACK N LEADWY"" -3Y5W- a -Bo 1.50 FEET 4U4657F - 42&885L7W ON PR"TY EWE EKTD13M PER WMACK TA13LE 912D1 N LIEU OF PRONT COMM OR AS MfM HIEFADN ENGfNEMNG PLAN)ONG • SURVEYING ODES 0 PExAvir SHEET 4 OF 4 ,�E NO 1-0(�P0009 J 0 6 "C>. 02075 zemk Y � t 4 rn Q:'3 '5d°" Ton ' o G 9 tv a rn Q:'3 '5d°" Ton tv a �., 7••..'"�� y �� �'� �°��A ��SI$.a xqs�� =�QgR� �sg$� tl"q� ti�r'arigi -� .� �gao=� �� gaFg���� roR � RIA ^,� Rk ,y •$ki ��g� o � �E�i[3y oyc� -�,,wi ~}riw ;� mom Ym KAE Ft a� m FiaF m���miv s €� NHO a y S� q3 q as s VIE My.. x15Y ; 9A ;,g'^6^ �� P'm 1A UXX �°, pax � �'J5����_� rt � �Ra, $`12^ $�F$ Tag $`Fg ra ER .A$ L �tlr'i ❑��� Q��'7' Si �'� R�$�_�� vmii�. ��� :: .$ � Rb m - .. Ri m MmY gz gars N� mr�ion„fig>o:> _ W _ in 31 r pm. aR� any m _ m m e R Rom$ "5':. 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JLO I N U Z W T m m 41 0 W v; r � D m it ffi q w Ap VA c4 at an m��mo3w x� 7 yin n RAANoz�z m�L 10A 1 ID on _ f1 � z �l o " gQ 73 ZI 0 �D z s y` � I 158TH AVE, SE. SEE SHEET 5 FOR CONTINUATION io a 7 0 9 a 0 V a m , UNP Ar7ED z rn SEE SHEET JJ4 FOR —160TH OE. SE. - Y O zi i U (n 1 ;Q it 0 co 0 co > r9yid....LINPLATTED 0 0 T 4" QW . % 1 43 M < E5 �j 158 TH PL. SE,:1., 22 6 - 1. 6 13 00 j 2E 76 , 02 55 02 C12 00 a m OnTWE OM 17) 0 94�1 16, cz, 20M 'n P2 L 'AV7?yf'f Ul xy 1.17 vs �AG 915 41 NWT2'25'E "'.m 6"4 ja Z 25993 -10A 23.01 90.51 37;M-- N W I,';, SL V4, fIC 14-23-5 to a o (7 L a O S J o 4, a rn 5@M le Ali B o°A iW€2p-25 NN fi mgng m F"c'io��s'in� ' o A ^ ` 2-0 3 m�g� � Ra lea �R p'mZ �A 3om OR Qom='"..,^.:•mp 1h AM ` o .sap xx 33h�'s vIs. FAR 9'. C 02 181 OC mA�sn>�itx�m� 81 Ingle to 6 m Aye act ppq > "..:. aZ• r�Qi�z �� ly��" Qm���R��c Sri --Pipe =add � ''� V:'^• pp Z�k'jm�i�3� 156TH AW, SE — — tp: ��"�•�." ��' .. � � �. o I ter,. � �sr EY '? a fl.� 020 •.. c r :-- I I .v r,Buz -_ r*' q f «yti o Nay{T. • tg 3KI' 29'15" 135:56 "' Ln I r FA zz x ' 7s' 7pT, Z �7 n z P rn Coma- E7 r+*'.T,• � I � W ,p q - L� 3 0- q m2J oo:., o v I'. 9205 AP! 158TH AVE. SE. _ �-`'''�`�• ---- � `to +`1 SEE SHEET B FOR CONTINUATION O Cf) SEE SHEET 7 FOR CONTINUATION > UNPLATTED 1.3 Ell! 1 LOT 2 P: W3 K- C.S P. NO. �37613.3 I %, , OWN 80022506'J J --"'27'09'E ULM— 0-0 4& 0 0 158TI-i AVE. SE. ly 0 26' so m X, --- ---------- 7 4 158TH PL. SM > ENT. OW 1406 TOM t L W Amin E _7� SAa m 0 ZE z Ran "A .3 > Z, TO . . . . ...... . Cl? o 6. ---------- ----------- ------- ---------- z r 6 -"957 T_ _r not I/M,. u27c 14-23-5 16DTH AVE. SE- v OR Bd '10A 6 17 Ir r I 587H PL. SE: ------- - -- --- ----- -- --------- ------------- ------------ ILI) 16 Lo t23 12 m z ------- --------- 15.9 TH P 55 n.T4 w lop fj zt ----------------------- - ------------- -- - ------- ---- -- ------- --------------- 0 �121 I sr t/97,2� g FA -10A King Cottttty DepsRment of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 9$056-1219 206-296.6600 TTY 206-296-7217 Application Number(s): ei� 6 LOSEM I (We) request the following permit(s) or approval(s) Application for Land Use Permits Alternative formats available upon request j{ D.D.E.S. D e Received: (Sti ❑ 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 J0 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 ❑ Critical Areas Alteration Exception ❑ Linear ❑ Non linear I, Mark Enebrad being duly swom, 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 (DOES) 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 DOES sta to make one or more site visits. By signing this application form, you are giving permission for these A aIfR rental rty, the owner hereby agrees to notify tenants of possible site visits. Mark Enebrad (7 printed name srgriature P 0 Box 73790 SBI Developing, LW mailing address corporation or company name Puyallup WA 98373 (25)3 848-0820 _ - city stare zip telephone 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. MARIL Name - Telephone mailing address City state zip Application for Lana Use PwrritsLgIFORM k-- pp-kV&.pd1 2AW05 Page 1 of 2 4 For Formal Subdivisions only: Everidell Name of Subdivision Core Design, Inc. Registered Land Surveyor Kenneth William Shipley, PLS Name 14711 NE 29th Place, #101 1 vue WA 98007 Address and Zip (42� 885-7877 Telephone Number Core Design, Inc. David Eric Cayton, P.E. Engineer Name 14711 NE 29th Place, #101 Bellevue WA 98007 Address and Zip �-,FZT Bevel api nq, TW. 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 standards for King County, shington f. Signed; Date: (r'7! Zt' k The fees for the application will be paid: Mark Enebrad Name P 0 Box 73790 Puyallup WA 98373 Address and Zip �252 848-0820 Telephone Number Land Surveyor Seat deposit at submittal and remainder to be paid upon receipt of fee estimate ❑ deposit at submittal and remainder through a monthly installment plan (maximum of 9 months) Note: Application forms and submittal requirements are subject to revision without notice. Check out the DDES Web site at www.metrokc-a-o des Appiicabon for Land Use PemsitsLJFORM Ic-aw1up-Of 2104105 Page 2 of 2 (i) Certification of King County Applicant Status Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 206-296-6600 M 206-296-7217 For alternate formats, call 206-296-6600. Permit Number: Permit Name: FOR INDIVIDUALS: Activity Number: L25FR 0 1 -7 (print name), hereby certify that I am the/an owner of the property which is the subject of this permit. If I am not the sole owner of the property, I certify that I am authorized to represent all other owners of the property. My mailing address is: I further certify that I am the "Applicant" for this permit and as such am financially responsible for all fees and will receive any refunds paid. I shall remain the "Applicant" for the duration of this permit unless I transfer my "applicant" status in writing on a form provided by DDES. Signature of Applicant Date Signed -OR- FOR CORPORATIONS/BUSINESS ASSOCIATIONS: Mark Enebrad (print name), hereby certify that I am an authorized agent of SBl Developing. LLC , a corporation or other business association authorized to do business in the State of Washington, which is the sole owner of the property that is the subject of this permit. If this corporation or business association is not the sole owner of the property, I certify that this corporation/business association is authorized to represent all other owners of the property. The mailing address of this corporation/business association is: P o Box 73790 1?u allu WA 98373 I further certify that the above named corporation/business association is the "Applicant" for this permit and as such is financially respogsible for all fees and will receive any refunds Paid,. This corporation/business association shall remain the "Applicant" for the duration of this permit unless it tran5vfers its a licant tatus in writingon a form provided by DDES. Signature of Applicant's Agent Date Signed * By signing as the Applicant or the Applicant's Agent, I certify under penalty of perjury under the laws of the State of Washington that the information provided above is true and correct. ` t, Check out the DDES Web site at www.metrokc. ov/rides L! Certification of Applicant Status lc-cer-apstat.pdf 01/08104 W,� Pagq 142 0 5 1-1, 005 K.C. D.D.E.S. 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: Core Design, Inc. c/o Ken Shipley, PLS 14711 NE 29th Place, #101 Bellevue WA 98007 Check out the DUES Web site at www.metrokc.povIddes Certification of Applicant Status lc-cer-apstat.pdf MOWN Page 2 of 2 King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue SW Renton WA 98055-1219 Affidavit Concerning Critical Areas Compliance 206-296-6600 m' 206-296-7217 For alternate formats, call 206-296-6600. STATE OF WASHINGTON ) ) SS COUNTY OF KING ) Fife Number: -L(D9-FR0)7? Application Name: Project Location: Lying south of Southeast 136th Street, between 156th Ave. SE and 16af-h Ave -qF The undersigned, being first duly swom on oath deposes and says: 1. That the affiant is competent to be a witness herein; 2. That the affiant is the applicant for the above project; 3. That to the best of the affiant's knowledge the critical areas on the development proposal site have not been illegally altered; and 4. That the affiant has 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 violations, such violations have been/are being cured to the satisfaction of King County. App scant Signature Date and Pla6e (City and State) I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. APR Q 5 2Uu3 Check out the DIES Web site at www.metrokc.gov/fides K.C. D.D.E.S. AffidavitSensitiveC(ibcalAmasCompliance lc-aff-sacomp.pdf 12l19103 Page 1 of 1 March 23, 2005 Core No. 04009 King County Final Plat Review Team King County DDES 900 Oakesdale Avenue SW Renton WA 98055 Subject: Final Plat of Evendell To Whom It May Concern: The following is an explanation of how the conditions of approval have been met for the Hearing Examiners conditions for the Plat of Evendell. 1. Compliance with all platting provisions of Title 19 of the King County Code. This condition has been met through the platting process. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. This condition has been met on the face of the final plat. 3. a. The plat shall comply with the maximum density (and minimum density) requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-6 zone classification or shall be as 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 Environmental Services. This condition has been met through the platting process. b. The Applicant shall provide transfer of density credit documentation to DDES prior to final approval to allow transfer of a maximum of 20 density credits to achieve a maximum of 70 lots on the subject property. This condition has beentwill be met by action taken by the developer. 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), subject to any variances that may be approved by the King - — County Road Engineer. � if L5���1� l_ C.C. D.D.E.S. 440091trO9-King County.doc Z.,051 1r)e0I 7 03/30/05 g County Review Team Page: 2 This condition has been/will be met by completion of construction of the approved engineering plans on file with the DDES (File P#4018) 5. A Boundary Line Adjustment (BLA) shall be completed prior to final plat approval to except from the plat that portion of the 200 (approximate) feet on the far west that is not part of the proposed plat. Documentation demonstrating the resolution of boundary issues with the property to the south (Nichols Place) also shall be provided to DDES. These conditions have been met through King County Boundary Line Adjustment No. L03L0013, recorded under King County Recording No. 20040723900002, 6. The Applicant must obtain the approval from 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. This condition has been/will be met through action taken by the developer. Joint Use Development Tract H as shown on the plat will provide access to Lots 28 and 29. Additionally, it is a future emergency vehicle access tract to and from 160'h Avenue SE, which the Applicant proposes to create in response to concerns raised by the City of Renton. The Applicant shall include proposed protocols for the construction and maintenance of Tract H, plus any related plat notes, with its engineering plans submittal, meeting the following standards: The emergency vehicle access to 16& Avenue SE shall have a minimum driving surface width of 20 feet, with an all-weather surface capable of supporting 25 tons. Any locking device shall be approved by the Renton Fire Department (KCFD # 25). Chains, cable or bollards will not be permitted. The gate shall be located at least 50 feet from 160'h Avenue SE to allow space for fire apparatus to stop while opening the gate or to wait before entering the public roadway. if these conditions are not met any future residence constructed on Lots 28 and 29 will have to be sprinklered NFPA 13D. These requirements concerning adequate fire and emergency access may be modified in a manner approved by the King County Fire Protection Engineer and King County Fire District no. 25. This condition has been/will be met by completion of construction of the approved engineering plans and through the platting process. T 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 KCC 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. 03/30/05 g County Review Team Page: 3 These conditions have been met through'the approved 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 # P#4018 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." This note has been added to the final plat. d. The stormwater detention design shall comply with the Level 2 or Level 3 Flow Control requirements, as applicable, per the 1998 King County Surface Water Design Manual (KCSWDM). (See SEPA conditions in condition no. 19.) This condition has been met by the approved engineering plans. e. The storm water control facility shall be located in a separate tract and dedicated to King County unless portions of the drainage tract are used for required recreation space in accordance with KCC 21A.14.180. This condition has been met on the face of the final plat. 8. Drainage adjustment L02VO024 is approved for this project. All conditions of approval for this adjustment shall be met upon submittal of the engineering plans. This condition has been met by the approved engineering plans. 9. A drainage easement for the conveyance from the Tract N drainage facility to 156`h Ave SE shall be provided upon engineering plan submittal. This condition has been met on the face of the final plat. 10. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. The internal access road from SE 136" Street to the beginning of the internal loop road shall be improved to the urban subcollector standard, except that portion on the west side between Lot 11 and Lot 12 is not required to be improved with a sidewalk. This condition has been/will be met by completion of construction of the approved engineering plans. b. The internal loop road shall be improved to the urban subaccess road standard with sidewalks on the outside frontage of the loop road. This condition has been/will be met by completion of construction of the approved engineering plans. 03/30/05 g County Review Team Page: 4 c. SE 130 Street (frontage and offsite) shall be dedicated, designed and improved in general conformance with the Preliminary Road Improvement Plan received 3/26/2002 with the Plat of Evendell: The frontage from 158th Ave NE to Me Ave NE shall be improved to the urban one- half street standard. Eighteen feet of additional right -of way shall be dedicated for this improvement. SE 136th Street frontage from the west side of LU.D.T. `A' boundary to 158th Ave NE shall be improved to the urban neighborhood collector standard; EXCEPT that no sidewalk construction is required on the north side. Twenty feet of additional right- of-way shall be dedicated for this improvement. SE 136th Street from 156th Ave SE to J.U.D.T. `A' shall be improved to the urban neighborhood collector standard; EXCEPT that no sidewalk construction is required on the north side. Twenty-six feet of additional right-of-way shall be provided for this improvement. An additional 25-foot right-of-way radius is required at the southeast corner of 156th Ave SE and SE 136th Street. Striping for a second westbound lane shall be provided within the 150-foot widened section approaching 156th Avenue SE, in a manner to be worked out at the time of submission of engineering plans. These conditions have been/will be met by completion of construction of the approved engineering plans. Additional right-of-way has been dedicated on the face of the final plat. d. 160' Ave SE FRONTAGE: The 160`s Ave SE frontage shall be improved with an 8- foot paved shoulder on the west side. Adequate provisions for road drainage shall be provided. This condition has been/will be met by completion of construction of the approved engineering plans. e. Tracts A,C,F,G,H, and I shall be improved to the joint use driveway standard per Section 3.01 of the KCRS. Tract A shall include an easement to King County for the maintenance of the Tract N drainage facility. Tract A shall be owned and maintained by the owners of Lots 1 and 2. This condition has been/will be met by completion of construction of the approved engineering plans. f. Tracts B, D and E shall be improved to the private access tract standard per Section 2.09 of the KCRS. This condition has been/will be met by completion of construction of the approved engineering plans. g. The Applicant shall revise the channelization that has been constructed in conjunction with the plat of Highland Estates (LOOP0009). These modifications to the channelization shall incorporate a revision of the current proposed painted 'island' to a southbound left turn lane with at least 60 feet of storage for left turning vehicles to 03/30/05 g County Review Team Page: 5 (a) encourage the use of 156th Avenue SE in lieu of 158th Avenue SE and 160th Avenue SE, and (b) mitigate the potential deficient condition that would result from southbound left turning vehicles making left turns from the southbound through lane, or using the painted island as a deceleration and refuge area while waiting for gaps in northbound traffic. Channelization and illumination plans must be submitted to King County Traffic Engineering Section for review and approval of the turn lane channelization. This condition has been met by the approved engineering plans. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. Road variance L04VO056 was approved pursuant to letter dated December 23, 2004. 11. There shall be no direct vehicular access to or from 16e Avenue SE from those lots which abut this street. A note to this effect shall appear on the engineering plans and final plat. This condition has been met on the face of the final plat. 12. All utilities within proposed rights -of -way must be included within a franchise approved by the King County Council prior to final plat recording. This condition will be met by action taken by the developer. B. 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 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. The MPS fees will be paid at the time of building permit application. A note to this effect appears on the face of the final plat. 14. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Preliminary plat review has identified the following specific requirements that apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the Applicant. a. This site contains a Class 2 wetland. The majority of the wetland will be protected from alteration during and after construction, with a 50-foot wide buffer around the wetland boundary. An additional 15-foot building setback is required beyond the edge of the buffer. This condition has been met on the face of the final plat. 03/30/05 g County Review Team Page: 6 b. A maximum of 200 square feet of wetlarid will be filled for construction of SE 136th Street. Mitigation shall consist of at least 400 square feet of wetland enhancement to degraded portions of the existing wetland. This condition has been/will be met by completion of construction of the approved engineering plans. c. Road improvements for SE 136th Street and l 60th Avenue SE will eliminate 6,989 square feet of wetland buffer. Mitigation shall consist of providing replacement buffer in the northeast portion of the site at approximately a 2:1 ratio to provide additional protection for the wetland pursuant to KCC 21A.24.320B. Reduced impact will result in reduced mitigation. This condition has been met by the approved engineering plans and on the face of the final plat. d. The proposed sewer main within the SE 136th Street right-of-way will intrude into the wetland buffer along with the road improvements. In order to protect wetland hydrology: (1) the sewer line shall be installed during the dry season (June through September), and (2) the design shall incorporate the use of pipe bed dams of bentonite or other material at intervals to preclude draining possible subsurface water flows through the gravel pipe bedding. This condition has been met by the completion of construction of the approved sewer plans on file with the City of Renton (File No. 5-3193) e. Downstream drainage improvements to existing culverts and stormwater conveyances required through the SEPA MDNS shall cause no adverse alteration to existing wetlands or streams in the vicinity of the drainage improvements. This condition has been/will be met by the completion of construction of the approved engineering plans. f. Critical Areas staff shall review engineering plans for the plat and sewer main for conformance with these requirements. This condition has been met by the approved engineering and sewer plans. 15. 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 03/30/05 g County Review Team Page: 7 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. This condition has been met by notes appearing on the approved engineering plans and on the face of the final plat. 16. Suitable recreation space shall be provided consistent with the requirements KCC 21A.14.180 and KCC 21A.14.190 in providing sport court[s], children's play equipment, picnic table[s], benches, etc.. a. A detailed recreation space plan (i.e., 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 the engineering plans. This plan shall comply with Ordinance # 14045. This condition has been met by the approved engineering plans. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. This condition has been/will be met by action taken by the developer. 17. 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). This condition has been met by the formation of the Evendell Homeowners Association. 18. Street trees shall be included in the design of all road improvements, and shall comply with Section 5.03 of the KCRS and KCC 2IA. 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. 03/30/05 ig County Review Team Page: 8 c. 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. These conditions have been/will be met by the completion of construction of the approved engineering plans. 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. This condition has been met on the face of the final 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 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. f. The Applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. These conditions have been met by the approved engineering plans. g. 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 current County fees. These conditions will be met by action taken by the developer. SEPA 19. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The Applicants shall demonstrate compliance with these items prior to final approval. a. East Drainage Basin: The 160th Ave SE downstream conveyance system shall be upgraded to provide for the 100-year storm capacity. Downstream driveway culverts/ditches and a cross - culvert under 1606' Avenue SE shall be improved as follows: Culverts P-117 and P- 116 on the west side of 160'h Avenue SE, cross -culvert P-115, and culverts P-1 14 and P-113 on the east side of 160'h Avenue SE shall be improved as needed. The culvert designations are according to the Level 3 Downstream Drainage Analysis by 03/30/05 .ng County Review Team Page: 9 Haozous Engineering dated August 26; 2002. To address a related localized flooding condition, bank and channel stabilization are also required in the unopened right-of- way for 162nd Avenue SE, in the vicinity of the easterly line of Lot 12, Rich Lea Crest (address 16046 SE 142"d Street). It is estimated that stabilizing and re -grading approximately 50 to 100 feet of channel, east of 16046 SE 142°d Street, will be adequate to resolve flooding that has occurred in the past location. The culverts and channel described are located from the south site boundary to a distance of approximately 1,700 feet downstream. Level 2 Flow Control design is required for the proposed stormwater detention facility. A factor of safety of 5 to 15 percent, determined by the design engineer, shall be required for detention storage volumes. These conditions have been met by the approved engineering plans. b. West Drainage Basin: The stormwater detention facilities shall be designed to the Level 3 Flow Control Standard as described in the 1998 King County Surface Water Design Manual (KCSWDM). As an option, Level 2 Flow Control with downstream improvements can be proposed according to Core Requirement 2 of the KCSWDM. The minimum Flow Control Standard shall be Level 2. A factor of safety of 5 to 15 percent, determined by the design engineer, shall be required for detention storage volumes. The downstream impacts of the 1,700 feet of conveyance improvements shall be reviewed by the developer's engineer, and any recommendations necessary to prevent flooding or other damage from occurring as a consequence of the required conveyance improvements shall be included with the plans for review by DDES. These conditions have been met by the approved engineering plans. School Mitigation Fees 20. Lots within this subdivision east of 158d Avenue SE are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. This condition has been met on the face of the final plat. School Walkways 21. A pedestrian access easement between 158`" Place SE and 161P Avenue SE shall be provided over either Tract H or L (as shown in Exhibit 62). The easement shall have a minimum 10-foot width and be improved with a 5 foot wide paved surface. This condition has been met on the face of the final plat. 03/30/05 .ng County Review Team Page: 10 4 22. The Applicant, individually or in conjunction with other developers, shall construct an off -site walkway to Liberty High school from the site. The walkway shall be constructed within the right-of-way from 160th Ave SE, east along SE 135th Street to 166th Ave SE, and south to Liberty High School at SE 136th Street, or via alternative right-of-way and easements that become available and are approved by DDES. One acceptable alternative would be to use future right-of-way of Southeast 136th Street and 162nd Avenue Southeast to connect with the sidewalk improvement of "five lot subdivision," and through the plat of "five lot subdivision"/LOOP0023 to the southwest gate of Liberty High School. The walkway shall be designed and constructed in accordance with the 1993 King County Road Standards and shown on the engineering plans for DDES review and approval. This condition has been/will be met by the completion of construction of the engineering plans for the School Walkway Route Plan for the Plat of Evendell DDES file No. Any surfacing alternative from the King County Road Standards (KCRS 3.09) may be submitted for approval through a road variance application. I trust this will satisfy the County's Final Plat submittal requirements regarding the Hearing Examiner's Conditions of Approval. Sincerely, CO DESIGN, INC. 'W Kenneth W. Shipley, PLS Project Surveyor 03/23/2004 11:34 2538390514 01/,4/Q4 WED 16:21 PAX 425 SOUNDSUILT HOMES J? Cent'1rlon De1:' Svcs PAGE 02 i1v 0 02 o� I" ltv Drowwomtotowodspoom RwafflWi. WAS 219 Oftbw 17, 2002 .3a'sta J. T~+ acwhy. PIE. ummRoomo 22617 EiPID&C SE 14416 SE l Ibo d B*MdL WA W21 It WA 96059 RE Dew kppllrM and. BWOW: The Lot Use Services Dhisiou, - �,gtsese foe Qi, F :flbdivisia You >ra r"m&g mcoval for an Coft f aajusnio = the 1998 Xb* C VWL- Svtht : Weo6ec� 1Maapel am %view ofdw 'Wgdmm t No,1. Sa tion 12.1. :: 0.Iastnxal Lentlon• inlemmaiett ad. a dte vidt PMTWsa the $iIw ia8 5odl 30'- I . The pzvpaaed E�MW =&&visian is 1 xAmrti �te ob ued "mmdesa¢ SE 1street ;lie 75 la4 1 i.�� �t zoiroo16. 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Its 0-1/23/2004 11:34 2538390514 50UNDBUILT HOMES PAGE 03 0ir14/44 WED 16:21 PAI 425 32 Cent-irlon Dev SvCS li�003 evwdd"VO02* 0cmba 17+ 2 page 2 of 3 a<ruaoJ fivm tha P a site aad to twoa- The proposal is td �AeGs taa Y ao� dt�ew.e�eca and•t�Dstd areas or 20 � u'w 0 5S ems of the eat em Wd� w the 0-13 a OMA voalc snd biaswa .c of the wasttsm rmb ao� ar*t western eubbasin will b: &Wtad to 69 Mbi W d a is Dana teaVietg cute® u - � site. IDl �e OVOKY��sf e� flba that 0.15 areas vi 1he *rem stoma w sabbega's doweb drlizW ho dw m' be c� e7 °freE 560 jkvo= SE wewrca area +m be sesed ]pcalioa ntnsmca 'oat lathe Pam. ahil"m mthe"M &trm the eaarem Xabbam adll nm in We same, A daWa= n dz pmW will IW;tlt T}ee ata7sast amC plamod Chit a s¢gm[IIcatu tunotost of ban"_ �°"*"'m dg dnm p,e m b7Fes: R!i] �sc$stiRB. �. NQ dwam ive Poo" to "Baw arc U$ have been kkndSW mK vMidbe sib by the p mpm W Ordfd=. Tbc i,eva One gad Tpree n� �'es� � r,%mtilommdani aoO&q-to thie srrt dowammm dim" Imaticros *pew io a kUtm of the d pomaneial for i as im ti aaa� thereof will bm a b am pmb1� tha >e�aa met of the pati+paa�i either daw ld m &tin a pal - awed an enMes GnditagR ve haraby 4° ve *is B4�= do MIGw the of gasAJW rtu>o!f bemv mi the m c drainage subbasis s to two separate !babel= ` their twat dischuF l9cari m with time following Band ic": I _ The release rgkW for the daemim foUtim v ill be bawd = dA 02500 uud diveete8 tnV=y atmbeing d'aacsed w tl A ftiu, Z. The roltama far the deteptioat foci lirr wiA bsbaeAd as all no, ubZvo d to the* fiC#iities at fled devdop.mwt m& w mrrm maim. The al med r," C tames wM be ieduoad by IW to ad dory that would bypass the Wgmmed PAA WM eeQ�vrq Thd T 1bAmadmRopw ab� ataaa idne fWW of sloe aelrclsd ad the baps d*9 dvmuiD� 3. Water quality fat 46u must be t Lud based on the c0im it<OPCIsd v violas d >rJCllidim o my rwpbvdimprmmm �. All mft a owe &.Ainge. &c.Noss must be larased in s FvWk f1°'ay ar ATTACHM�T- �f Afl �p �e;d :WIC' �µi�3 5RL7��' a?SS5Ct5Lr �5:c` r<ZOZ;riri6 03/23/2004 11:34 2538390514 01114104 WED 16:21 FAX 429 % 3: SOUNDBUILT HOMES Cent-irlon Dev Svcs PAGE 04 19004 U,aw,fi=V0024 ova %?, 2W2 pale 3 of 3 i-Bard bar SBPA a*6 VW �'6 3, AAdiftW sGo[ut die ieQ ' WA an* ps*CIL If ym ]�Xffe mygW&W"Mm r do I=WDM ada.atmud as d4 dawp PIM* cadrars mo k Be*= at (2)0 296.7270. y dams Saftderf,• RE. Dav�lo�ut ��eer BaSkilisabagRwiew Seetac L=d Vac 5av{ces Di iaw 4-4�� Cbaa, B.E. Su omw gad Phuft SCCdw &jW* Savim Divimwo cc; Cwt Crag* d, P.E., Ewa r, swwma Sar""'. yj D, i Rw&u pzx os, pa, Samar IS Olow Segtio°' Ltw Brna WbeR*w, Sed rEoI*ff, Eat swag Rz%*w Sao&%LLW) Kaem Samw, puma n, Qv mt Plea nog Sed = Ulm Malt Ea m PI„ Sesior . h *wft Avr;C"' $0060n, LUSH q A1TACMMENT--�— �o� �PAGE Road Services Division Department of Transportation KSC-TR-0222 201 South Jackson Street Seattle, WA 98104-3856 December 23, 2004 David E. Cayton 14711 NE 29P Place, Suite 101 Bellevue, WA 98007 RE: Road Variance L04V0056 — Evendell Plat — Related File LO1P0016 Dear Mr. Cayton: Thank you for submitting your application for road variances from the King County Road Standards (KCRS). You requested variances from Sections 2,10, 5.11 and 2.13 of the KCRS concerning the intersection curb radius, clear zone and entering sight distance (ESD) at the intersection of SE 136th Street and 5e Avenue SE. We have reviewed your proposal and agree that the proposed 500 feet of ESD to the north (right) at the intersection will be acceptable. The 500 feet of ESD is the American Association of State Highway and Transportation Officials (AASHTO) manual minimum for the ten over posted design speed of 45 MPH. The proposed 25-foot curbs return radius at the northeast corner of the intersection is also acceptable given the property constraints. A 25-foot radius was previously allowed at the northwest corner of the intersection by a prior road variance. I approve a variance to allow the proposed 500 feet of ESD (to the north) with the condition that the applicant's engineer must certify that the 500 feet of ESD has been provided prior to construction approval. I also approve a variance to allow the 25-foot intersection curb return radius. The proposed minimum separation of three feet from the 25-foot inside turning radius to a short keystone wall at the northeast corner of the intersection is necessary due to property constraints. No sidewalk is required for this development along the north side SE 136 h Street but a sidewalk will be provided along the south side. The existing five foot paved walk on the east side 156t' Avenue SE will be maintained. When the property abutting the northeast corner subdivides, a minimum 35-foot radius can be provided and the retaining wall moved to 5.5 feet from face of vertical curb. I approve a variance for the comer of the retaining wall at three feet from the intersection curb line. Note that the curb cannot be extended all the way around the northwest corner because the five-foot paved walk would be obstructed. The reduced 25-foot curb radius should extend as a stripe from the half delta to the edge of traveled way along 15e Avenue SE. IL LJ K.C. D.D.E.S. David E. Cayton Df.cember 23, 2004 Page 2 The variance request for the 390 feet of westward ESD for the driveway at STA 4+00 on SE 136'" Street is also approved with the condition that the applicant's engineer must certify that 390 feet of ESD has been provided prior to construction approval. The 390 feet meets 2001 AASHTO for the design speed of 35 MPH. A copy of staffs analysis, findings and conclusions is enclosed. If you have any questions, please feel free to contact Craig Comfort, Road Variance Engineer, Traffic Engineering Section, at 206-263-6109. Sincerely, Paulette Norman, P.E. County Road Engineer PN:CC:kc cc: James Sanders, P.E., Development Engineer, Land Use Services Division (LUSD), Department of Development and Environmental Services (DDES) Pete Dye, P.E., Senior Engineer, LUSD, DDES Linda Dougherty, Division Director, Road Services Division (RSD), Department of Transportation (DDT) Matthew Nolan, P.E., County Traffic Engineer, Traffic Engineering Section, RSD, DOT Fatin Kara, P.E_, Supervising Engineer, Traffic Engineering Section, RSD, DOT Kris Langley, Senior Engineer, Traffic Engineering Section, RSD, DOT Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section, RSD, DOT King County Road $ervioea Division Department of Transportation Traffic Engineering Section MS KSC-TR-0222 201 South Jackson Street Seattle, WA 98104 December 23, 2004 TO: Variance File FM: Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section RE: Road Variance L04 0056 — Evendell Plat —Related File L01P0016 Annlicant's Presentation: 1. Evendell is an approved 53-lot preliminar�r plat south of SE 136" Street and east of 156" Avenue SE. The plat frontage on SE 136 Street starts 197 feet east of 156th Avenue SE. The plat conditions require that SE Be feet be improved to urban neighborhood collector standards and connected to 15e Avenue SE. Sidewalk is only required on the south side of SE 13& Street. Presently, SE Be Street is an unopened right-of-way (ROW) for several hundred feet east of 15e Avenue SE. I There is insufficient ROW at the northeast corner of the intersection of 15e Avenue SE and SE 136th Street to provide the minimum 35-foot radius required by the King County Road Standards (KCRS). An existing retaining wall north of the intersection will be moved a few feet back (to the east) so that a minimum of 500 feet of entering sight distance (ESD) can be provided. A short two -foot keystone wall will be provided from a proposed concrete retaining wall around the intersection radius. ESD sightlines can extend over the two -foot wall. The 500 feet of ESD is the American Association of State Highway and Transportation Officials (AASHTO) minimum of the 45 MPH design speed on 156 h Avenue SE (10 over posted speed limit of35 MPH). A 25-foot curb line radius is necessary because there are insufficient property rights to install the minimum 35-foot radius. The applicant has unsuccessfully made an attempt to secure the necessary ROW to construct the 35-foot radius. A power pole at the intersection will be moved 5.5 feet behind the curb line. 3. A 25-foot curb line radius was installed at the northwest corner by a recent development. The 25-foot radius was necessary due to property constraints. A road variance was processed to reduce the minimum radius from 35 feet to 25 feet. 4. A cut -retaining wall is proposed along the north side of SE 1360` Street. There will be 5.5 feet from the face of vertical curb to retaining wall along SE 136 h Street but only 3 feet of clearance can be provided from the curb line to the wail at the intersection. No sidewalk is required on the north side of SE Be Street. The existing 5 foot paved walk along the east Variance File December 23, 2004 Page 2 side of 156h Avenue SE can be maintained. A variance is requested for the clear zone that is less than 5.5 feet. 5. A variance is requested for 390 feet of ESD looking to the west from a proposed driveway on the north side of SE 136 b Street at STA 4+00. A rockery along the entry to the driveway blocks sightlines. Staffs Findings and Conclusions: 1. Concurrence with the applicant's presentation. 2. The design of the curb return at the northeast intersection should stop the concrete curb at or prior to the half delta so that the S-foot paved walk along the east side of Be Avenue SE is not blacked. A pavement stripe can extend along the 25-foot radius from the end of curb to the existing edge of traveled way on 156 h Avenue SE. 3. The applicant has coordinated with the property owner at the northeast comer of the intersection to move a retaining wall eastward onto the property. This will enhance sightlines for ESD. However a short wall less than two feet tall will remain at around three feet from the curb return radius. OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 REPORT AND DECISION February 4, 2004 SUBJECT: Department of Development and Environmental Services file nos. LOIPOO16A and LO3RE038 Proposed Ordinance No. 2003-0490 EVENDELL Preliminary Plat Revision and Proposal for Transfer of Density Credits Location: Lying South of Southeast 13e Street, between 156t' Avenue Southeast And 160'b Avenue Southeast Applicant: U.S. Land Development Association/Centurion, represented by Michael Romano 22617 - 8'h Drive Southeast Bothell, Washington 98021 Telephone: (425) 486-2563 Facsimile: (425) 486-3273 King County: Land Use Services Division, represented by Karen Scharer 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 Telephone: (206) 296-7114 Facsimile: (206) 296-7055 SUMMARY OF DECISION/RECOMMENDATION: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: EXAMINER PROCEEDINGS: LC� Irc��]�Ca 0f�l4^-�LA cIz- 4 -Pf� V' /. 113� O�,C Approve, subject to conditions Approve, subject to conditions (modified) Approve, subject to conditions (modified) Hearing Opened: January 22, 2004 Hearing Closed: January 22, 2004 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 He 11YI LJ lj^yII L.7771; A0 . 2105 L 05FR0! 7 KC- D.D.E.8. L.O1P0016A & L 03RE039 — Evendell Revision ISSUES/TOPICS ADDRESSED: ■ Transfer of density credits • Road improvements • Safe walking conditions • Wetland buffer averaging • Tree protection Page 2 of 21 Application for approval of transfer of 20 density credits and revision of a preliminary plat, to subdivide 12.43 acres into 70 lots in the urban area, is granted preliminary approval. FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: General Information: Owner: U.S. Land Development Association P.O. Box 22200 Seattle, WA 98122 Representative: Michael Romano Centurion Development Services 22617 8's Dr. SE, Bothell, WA 98021 Phone: 425-486-2563 Facsimile: (425) 486-3273 e-mail: Michael.romano@verizon.net Location: Section/Township/Range: Acreage Plat: Zoning: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School Districts: Community Plan: Drainage Subbasin: Lying south of SE 13e Street between 156t' Avenue SE and 160'h Avenue SE. SE 14-23-05 Parcels # 142305 9022 & 9009 12.43 acres R-4 Proposed: 70 (previously approved: 46) 5.6 dwellings per acre 3,900 to 6,600 square feet single family City of Renton Water District #90 King County Fire District # 25 Renton & Issaquah Newcastle Lower Cedar River LDIPOO16A & L 03RE038 — Evendell Revision Page 3 of 21 King County Permits: Subdivision Complete Application Date: October 27, 2003 Threshold Determination: Mitigated Determination of Nonsignificance (MDNS) Date of Issuance: December 23, 2002 (Adoption Notice Nov. 10, 2003) KC Permit Contact: Karen Scharer, Project Manager II, Current Planning Section, LUSD Phone # 296-7114 or e-mail at karen.scharer@metrokc.gov 2. Except as modified below, the facts set forth in the King County Land Use Services Division's preliminary report to the Hearing Examiner for the January 22, 2004, public hearing are found to be correct and are incorporated herein by this reference. Said report is exhibit no, 60a in the hearing record. 3. Directly north, east and south of the eastern 11 acres of the subject property (proposed lot nos. 12-70) are three parcels proposed to be subdivided pursuant to the Rol zoning classification. Those parcels are the subject of DDES application nos. L03P0006 (Liberty Grove), L03P0005 (Liberty Grove Contiguous) and L03P0015 (Nichols Place). The adjacent property to the west is developed with single-family residences on larger lots. There is no currently proposed or anticipated development of the property to the west. 4. King County's "Transfer of Development Rights (TDR)" program is governed by Chapter 21A.37 of the King County Code. The TDR program establishes a property right which is separable from the fee -simple title to certain lands within King County, and provides a method for the transfer and utilization of that new right, which is colloquially known as a development right or "density credit." A density credit has a substantial market value. The underlying purpose of the TDR program is to allow for the movement of residential density from rural areas to urban areas of King County. The code is intended to provide, "...an efficient and streamlined administrative review system to ensure that transfers of development rights to receiving sites are evaluated in a timely way and balanced with other County goals and policies, and are adjusted to the specific conditions of each receiving site." KCC 21 A.37.010.2. Receiving sites are required to meet the provisions of KCC 21A.37.030. Those requirements are that the receiving site: 1. be within an unincorporated urban area, zoned R4 or higher, or be within a potential annexation area; 2. be within a city where new growth is or will be encouraged, and where facilities and services exist or public investments in facilities and services will be made; or 3. be within RA-2.5 and RA-5 zoned parcels, subject to stringent criteria. The subject property is within the first category of eligible receiving sites listed in KCC 21A.37.030. Sites within the unincorporated urban growth area are not required to have L01 Po016A & L 03RB038 — Evendell Revision Page 4 of 21 any specific level of available facilities and services. Development approvals that utilize density credits must meet only those service criteria that apply generally to development of the number of dwelling units proposed on the site. King County Code chapter 21A.12 governs densities and development standards in residential zones. The R-4 zone in the urban residential area allows for a maximum density of six dwelling units per acre, which may be achieved only through the application of residential density incentives or transfers of development rights. KCC 21A.12.030.A. and B.1. When density credits are used, development shall comply with dimensional standards of the zone having a base density most comparable to the total approved density. KCC 21A.37.030.B. The foregoing provisions of the King County Zoning Code are generally consistent with policies of the King County Comprehensive Plan governing residential land use. In particular, the Zoning Code provisions are generally consistent with: Policy U-113, that new residential development in the Urban Growth Area should occur where facilities and services can be provided at the lowest public cost and in a timely fashion; Policy U-114, that the County seek to achieve an average zoning density of at least seven to eight homes per acre in the Urban Growth Area through a mix of densities, allowing for lower density zones to recognize existing subdivisions with little or no opportunity for infLll or redevelopment; Policy U-122 that supports increases in urban density through a rezone or a proposal to utilize density transfer, when the proposal will help resolve traffic, utility, parks or open space deficiencies in the immediate neighborhood. This proposal will improve traffic circulation in the area, will extend sewer service further into the urban area, and will provide recreation facilities and open space available to future residents on the subject property. Comprehensive Plan Policy U-120 addresses zoning changces to increase density, and is not material to this application for use of density credits consistent with the existing zone classification. Likewise, policy U-121 applies to the evaluation of rezone requests, and is not material to this application. 6. DDES and the Applicant have agreed upon right-of-way dedications and road improvements to mitigate the impacts of traffic which the Applicant's proposal will generate adjacent to and in the immediate vicinity of the proposed development. The dedications and improvements include additional right-of-way and construction on Southeast 136th Street, from 156th Avenue Southeast to 160th Avenue Southeast, and shoulder improvements along the site frontage of 160th Avenue Southeast. T In order to provide safe walking conditions for students from this subdivision who will walk to school, improvements are necessary along existing right-of-way or upon right-of-way anticipated to become available through the development of subdivisions to the east of the subject property. The existing available right-of-way that can accommodate children walking to school is on 160th Avenue Southeast to Southeast 135th Street, then east to 166th Avenue Southeast, and then south to the north boundary of the Liberty High School property. Alternatively, a route within future L01P0016A & L03RE038 — Evendell Revision Page 5 of 21 right-of-way may become available along Southeast 136 h Street east from 160th Avenue Southeast to 162nd Avenue Southeast, then south to "5-lot subdivision" (a.k.a. Dickenson Plat), that would enable a connection to the southwest corner of the Liberty High School property. Improvements to either route could accomplish the provision of safe walking conditions for students who will walk to school from the subject property. Removal of trees from this or other property being developed commonly subjects trees on adjacent properties to stress and increases the windthrow hazard. Trees that remain in an area which is substantially cleared present an increased risk to persons and property on and off the site of the remaining trees. There is no King County regulation applicable to the subject property that restricts clearing or tree removal to protect trees on adjacent properties from increased stress or risk of windthrow. The environmental review of this proposal did not identify impacts of clearing or tree removal as a significant adverse environmental impact of the proposal. 9. The Applicant's proposal includes wetland buffer averaging to enable proposed road construction and possibly facilitate lot development. The area shown for the provision of additional buffer to mitigate impacts of lost buffer is in the northeast corner of the plat, adjacent to 160th Avenue Southeast and Southeast 136th Street. Replacement buffer is proposed at approximately a 2:1 ratio to lost buffer area. This would provide additional protection to the class 2 wetland, as required by KCC 21A.24.320.B. CONCLUSIONS: If approved subject to the conditions recommended below, the proposed subdivision will comply with the goals and objectives of the King County Comprehensive Plan, Subdivision and Zoning Codes, and other official land use controls and policies of King County. 2. If approved subject to the conditions recommended below, this proposed subdivision will make appropriate provision for the public health, safety and general welfare and for open spaces, for drainage ways, streets, other public ways, transit stops, potable water supply, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions for students who only walk to school; and it will serve the public use and interest. 3. The conditions for final plat approval recommended below are in the public interest and are reasonable requirements to mitigate the impacts of this development upon the environment. 4. The dedications of land or easements within and adjacent to the proposed plat, as recommended by the conditions for final plat approval or as shown on the proposed preliminary plat submitted by the Applicant, are reasonable and necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development. 5. This proposal is subject to the mitigated determination of environmental non -significance issued December 23, 2002 and adopted November 10, 2003. There was no appeal of the MDNS or of its adoption for this proposal. Therefore, the conditions of that MDNS must be implemented as conditions of this preliminary plat approval. The conditions of the MDNS require substantial downstream drainage improvements (see condition no. 19). Culvert and channel improvements required in the east drainage basin for a distance approximately 1,700 downstream from the plat, together with the change in flow volume resulting from development of the subject property, should be analyzed by the Applicant and UIPOOI6A & L03RE038 — Evendell Revision Page 6 of 21 reviewed by DDES to determine the impacts, if any, downstream from the improvements. Any such impacts should be addressed if it is necessary to do so to prevent flooding or other damage from occurring as a consequence of the required improvements. 6. The Applicant has negotiated for the purchase of 20 development rights, which would allow for an increase in the number of lots to be developed on the subject property to a total of 70. This development will be within the maximum density of 6 dwelling units per acre permitted in the R- 4 zone classification in the urban area, although it will be most comparable to the base density of the R-6 zone classification. The proposed development of the subject property, utilizing 20 density rights, is consistent with all applicable development standards and other provisions of the King County Code. 7. The road improvements proposed and agreed to by the Applicant, including those shown in the 70-lot preliminary plat revision received October 1, 2003, as modified by the conditions recommended below, will reasonably mitigate the impacts of traffic generated by the proposed development. Due to the diversion of substantial additional traffic to the east leg of the intersection of Southeast 136th Street and 156th Avenue Southeast, substantial improvements to that intersection are necessary, and have been agreed to by the Applicant. Safe walking conditions for children who walk to school from the subject property will be provided by using one of the alternatives for improvements incorporated into this proposal, set forth in finding no. 7 and reflected in the conditions of final plat approval. 9. There is no applicable provision of the King County Code to restrict the removal of trees in the course of the development of the subject property, or to protect trees on neighboring properties from increased stress and risk of windthrow. 10. The proposed wetland mitigation, and buffer averaging for the class 2 wetland at an approximate 2:1 ratio for replacement buffer, meet the requirements of the King County code. The proposed replacement buffer area gives additional protection to the wetland. DECISION: The preliminary plat revision of Evendell, as received October 1, 2003, is APPROVED, subject to the following conditions for final plat approval: 1. Compliance with all platting provisions of Title 19 of the King County Code. �( 2. All persons having an ownership interest in the subject property shall sign on the face of the final Tom" plat a dedication which includes the language set forth in King County Council Motion No. 5952. 3. a. The plat shall comply with the maximum density (and minimum density) requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the s72603 t4�GS� 4 7D L01 P0016A & L03RE038 — Evendeli Revision Page 7 of 21 R-6 zone classification or shall be as 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 Environmental Services. b. The Applicant shall provide transfer of density credit documentation to DDES prior to final approval to allow transfer of a maximum of 20 density credits to achieve a maximum of 70 lots on the subject property. 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), subject to any variances that may be approved by the King County Road Engineer. aft- 5. A Boundary Line Adjustment (BLA) shall be completed prior to final plat approval to except fcsolvc 7 iA from the plat that portion of the 200 (approximate) feet on the far west that is not part of the $ LA Loa LDot3 proposed plat. Documentation demonstrating the resolution of boundary issues with the property to the south (Nichols Place) also shall be provided to DDES. 6. The Applicant must obtain the approval from 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. Joint Use Development Tract H as shown on the plat will provide access to Lots 28 and 29. Additionally, it is a future emergency vehicle access tract to and from 160'h Avenue SE, which the Applicant proposes to create in response to concerns raised by the City of Renton. The Applicant shall include proposed protocols for the construction and maintenance of Tract H, plus any related plat notes, with its engineering plans submittal, meeting the following standards: The emergency vehicle access to 16e Avenue SE shall have a minimum driving surface width of 20 feet, with an all-weather surface capable of supporting 25 tons. Any locking device shall be approved by the Renton Fire Department (KCFD # 25). Chains, cable or bollards will not be permitted. The gate shall be located at least 50 feet from 161P Avenue SE to allow space for fie apparatus to stop while opening the gate or to wait before entering the public roadway. If these _.....LL�� conditions are not met any future residence constructed on Lots 28 and 29 will have to be sprinklered NFPA 13D. These requirements concerning adequate fire and emergency access may be modified in a manner approved by the King County Fire Protection Engineer and King County Fire District no. 25. 7. 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 KCC 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. LOI POOI6A & L3RE08 — Evendell Revision Page 8 of 21 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." d. The stormwater detention design shall comply with the Level 2 or Level 3 Flow Control requirements, as applicable, per the 1998 King County Surface Water Design Manual (KCSWDM). (See SEPA conditions in condition no. 19.) e. The storm water control facility shall be located in a separate tract and dedicated to King County unless portions of the drainage tract are used for required recreation space in accordance with KCC 21A.14.180. 'G Nam~ 8. Drainage adjustment L02V0024 is approved for this project. All conditions of approval for this adjustment shall be met upon submittal of the engineering plans. 9. A drainage easement for the conveyance from the Tract N drainage facility to 15e Ave SE shall be provided upon engineering plan submittal. 10. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. The internal access road from SE 130s Street to the beginning of the internal loop road shall be improved to the urban subcollector standard, except that portion on the west side between Lot 11 and Lot 12 is not required to be improved with a sidewalk. b. The internal loop road shall be improved to the urban subaccess road standard with sidewalks on the outside frontage of the loop road. c. SE 136'' Street (frontage and offsite) shall be dedicated, designed and improved in general conformance with the Preliminary Road Improvement Plan received 3/26/2002 with the Plat of Evendell: L.o 1 Poo 16A & L03RE038 — Evendell Revision Page 9 of 21 The frontage from 158h Ave NE to 160'h Ave NE shall be improved to the urban one-half street standard. Eighteen feet of additional right -of way shall be dedicated for this improvement. SE 136h Street frontage from the west side of J.U.D.T. `A' boundary to 158`s Ave NE shall be improved to the urban neighborhood collector standard; EXCEPT that no sidewalk construction is required on the north side. Twenty feet of additional right-of-way shall be dedicated for this improvement. SE 136"' Street from 156" Ave SE to J.U.D.T. `A' shall be improved to the urban neighborhood collector standard; EXCEPT that no sidewalk construction is required on the north side. Twenty-six feet of additional right-of-way shall be provided for this improvement. An additional 25-foot right-of-way radius is required at the southeast corner of 156" Ave SE and SE 136"' Street. Striping for a second westbound lane shall be provided within the 150-foot widened section approaching 156th Avenue SE, in a manner to be worked out at the time of submission of engineering plans. d. 160"' Ave SE FRONTAGE: The 160"' Ave SE frontage shall be improved with an 8-foot paved shoulder on the west side. Adequate provisions for road drainage shall be provided. e. Tracts A,C,F,G,H, and I shall be improved to the joint use driveway standard per Section 3.01 Q3 of the KCRS. Tract A shall include an easement to King County for the maintenance of the Tract N drainage facility. Tract A shall be owned and maintained by the owners of Lots 1 and 2. f. Tracts B, D and E shall be improved to the private access tract standard per Section 2.09 of the KCRS. g. The Applicant shall revise the channelization that has been constructed in conjunction with the plat of Highland Estates (L00P0009). These modifications to the channelization shall incorporate a revision of the current proposed painted 'island' to a southbound left turn lane with at least 60 feet of storage for left turning vehicles to (a) encourage the use of 156th Avenue SE in lieu of 158th Avenue SE and 160th Avenue SE, and (b) mitigate the potential deficient condition that would result from southbound left turning vehicles making left turns from the southbound through lane, or using the painted island as a deceleration and refuge area while waiting for gaps in northbound traffic. Channelization and illumination plans must be submitted to King County Traffic Engineering Section for review and approval of the turn lane channelization. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. {'\? 11. There shall be no direct vehicular access to or from 160'h Avenue SE from those lots which abut this street. A noto this effect shall appear on the engineering plans and final plat. 12. All utilities within proposed rights -of -way must be included within a franchise approved by the King County Council prior to final plat recording. L.OI POO] 6A & L03RE038 — Evendell Revision Page 10 of 21 13, 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 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. 14. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Preliminary plat review has identified the following specific requirements that apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the Applicant. a. This site contains a Class 2 wetland. The majority of the wetland will be protected from alteration during and after construction, with a 50-foot wide buffer around the wetland boundary. An additional 15-foot building setback is required beyond the edge of the buffer. b. A maximum of 200 square feet of wetland will be filled for construction of SE 136th Street. Mitigation shall consist of at least 400 square feet of wetland enhancement to degraded portions of the existing wetland. c. Road improvements for SE 136th Street and 160th Avenue SE will eliminate 6,989 square feet of wetland buffer. Mitigation shall consist of providing replacement buffer in the northeast portion of the site at approximately a 2:1 ratio to provide additional protection for the wetland pursuant to KCC 21 A.24.320B. Reduced impact will result in reduced mitigation. d. The proposed sewer main within the SE 136th Street right -of --way will intrude into the wetland buffer along with the road improvements. In order to protect wetland hydrology: (1) the sewer line shall be installed during the dry season (June through September), and (2) the design shall incorporate the use of pipe bed dams of bentonite or other material at intervals to preclude draining possible subsurface water flows through the gravel pipe bedding. e. Downstream drainage improvements to existing culverts and stormwater conveyances required through the SEPA MDNS shall cause no adverse alteration to existing wetlands or streams in the vicinity of the drainage improvements. f. Critical Areas staff shall review engineering plans for the plat and sewer main for conformance with these requirements. 15. The following note shall be shown on the final engineering plan and recorded plat: L.OI P0016A & L,03RE038 — Evendeil Revision Page 11 of 21 RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS 0 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. 16. Suitable recreation space shall be provided consistent with the requirements KCC 21A.14,180 and KCC 2IA. 14.190 in providing sport court[s], children's play equipment, picnic table[s], benches, etc.. a. A detailed recreation space plan (i.e., 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 the engineering plans. This plan shall comply with Ordinance # 14045. b. A performance bond for recreation space improvements shall be posted prior to recording of j] the plat. f �` . 17. A homeowners' association or other workable organization shall be established to the satisfaction / V of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). 18. Street trees shall be included in the design of all road improvements, and shall comply with Section 5.03 of the KCRS and KCC 2IA. 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. L01P0016A & L03RE038 — Evendell Revision Page 12 of 21 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. c. 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 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. 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 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 current County fees. SEPA 19. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The Applicants shall demonstrate compliance with these items prior to final approval. a. East DrainaFBasin: The 160th Ave SE downstream conveyance system shall be upgraded to provide for the 100- year storm capacity. Downstream driveway culverts/ditches and a cross -culvert under 160 h Avenue SE shall be improved as follows: Culverts P-117 and P-116 on the west side of 160'h Avenue SE, cross -culvert P-115, and culverts P-114 and P-113 on the east side of 160`h Avenue SE shall be improved as needed. The culvert designations are according to the Level 3 Downstream Drainage Analysis by Haozous Engineering dated August 26, 2002. To address a related localized flooding condition, bank and channel stabilization are also required in the unopened right-of-way for 162°d Avenue SE, in the vicinity of the easterly line of Lot 12, Rich Lea Crest (address 16046 SE 142d Street). It is estimated that stabilizing and re -grading approximately 50 to 100 feet of channel, east of 16046 SE 142nd Street, will be adequate to resolve flooding that has occurred in the past location. The culverts and channel LO1P0016A & L03RE038 — Evendell Revision Page 13 of 21 described are located from the south site boundary to a distance of approximately 1,700 feet downstream. Level 2 Flow Control design is required for the proposed stormwater detention facility. A factor of safety of 5 to 15 percent, determined by the design engineer, shall be required for detention storage volumes. b. West Draina ems: The stormwater detention facilities shall be designed to the Level 3 Flow Control Standard as described in the 1998 King County Surface Water Design Manual (KCSWDM). As an option, Level 2 Flow Control with downstream improvements can be proposed according to Core Requirement 2 of the KCSWDM. The minimum Flow Control Standard shall be Level 2. A factor of safety of 5 to 15 percent, determined by the design engineer, shall be required for detention storage volumes. The downstream impacts of the 1,700 feet of conveyance improvements shall be reviewed by the developer's engineer, and any recommendations necessary to prevent flooding or other damage from occurring as a consequence of the required conveyance improvements shall be included with the plans for review by DDES. School Mitigation Fees 20. Lots within this subdivision east of 158`h Avenue SE are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. School Walkways 21. A pedestrian access easement between 158t` Place SE and 16& Avenue SE shall be provided over either Tract H or L (as shown in Exhibit 62). The easement shall have a minimum 10 foot width and be improved with a 5 foot wide paved surface. 22. The Applicant, individually or in conjunction with other developers, shall construct an off -site walkway to Liberty High school from the site. The walkway shall be constructed within the right-of-way from 160th Ave SE, east along SE 135th Street to 166th Ave SE, and south to p( Y Liberty High School at SE 136th Street, or via alternative right-of-way and easements that become available and are approved by DDES. One acceptable alternative would be to use future right-of-way of Southeast 136th Street and 162nd Avenue Southeast to connect with the sidewalk improvement of "five lot subdivision," and through the plat of "five lot subdivision"/L00P0023 to the southwest gate of Liberty High School. The walkway shall be designed and constructed in accordance with the 1993 King County Road Standards and shown on the engineering plans for DDES review and approval. UIP0016A & lA3RE038 - Evendell Revision Page 14 of 21 Any surfacing alternative from the King County Road Standards (KCRS 3.09) may be submitted for approval through a road variance application. ORDERED this 4th day of February, 2004. James N. O'Connor King County Hearing Examiner pro tem TRANSMITTED this 4th day of February, 2004, to the following parties and interested persons of record: 4 Creeks UAC Attn: Claudia Donnelly P.O. Box 3501 Renton WA 98056 Ronda Bryant 15406 SE 136th Street Renton WA 98059 Michael Rae Cooke 13125 158th Ave. SE Renton WA 98059 Shirlene Day 14412 - 167th Pl. SE Renton WA 98059 Michelle Hagerman 13710 156th Ave. SE Renton WA 98059 Victor & Gwendolyn High 13405 - 158th Ave. SE Renton WA 98059 Scott D. Baker 7018 47th Ave. NE Seattle WA 98115 Marilyn Carlson 13616 - 156th Avae. SE Renton WA 98059 Mark Costello 13012 158th Avenue SE Renton WA 98059 Mukilteo WA 98275 Roger Dorstad Evergreen East Realty PO Box 375 Redmond WA 98073 Stephen & Yvonne Hanson 15611 SE 138th Pl. Renton WA 98059 Edward & June Hill 13527 156th St. SE Renton WA 98059 Kurt Hughes Fred & Helga Jaques 19112 NE 146th Way 13114 - 158th Ave. SE Woodinville WA 98072-6361 Renton WA 98059 Diane Kazele Don & Diane Kezele 15657 SE 137th Pl. 15657 SE 137th Pl. Renton WA 98059 Renton WA 98059 Marshall Brenden 18225 SE 128th Renton WA 98059 Ronald Coffin 16015 SE 135th Pl. Renton WA 98059-6828 Robert Darrow Haozous Engineering 13428 - 45th Court Kathy Graves 13020 - 160th Ave. SE Renton WA 98059 Valerie Hemnes 15627 SE 139th Pl. Renton WA 98059-7422 Edward & Nancy Hilton 13414 - 158th Ave. SE Renton WA 98059 Leonard J. Johnston 16016 SE 135th Renton WA 99059 Duana Kolouskova Johns Monroe Mitsunga PLLC 1500-114th Avenue SE, #102 Bellevue WA 98004 LO 1 POO16A & L03RE038 — Evendell Revision Page 15 of 21 Lakeridge Development Inc. Joann Lee Tim & Gina Lex Attn: Wayne Jones Jr. 13802 - 160th Ave. SE 13116 - 158th Ave. SE P.O. Box 146 Renton WA 98059 Renton WA 98059 Renton WA 98057-0146 Rebecca Lind Steve Lyman Jerry Marcy City of Renton, EDNSP 14505 - 160th Ave. SE P.O. Box 575 1055 S. Grady Way Renton WA 98059 Seattle WA 98111 Renton WA 98056 Fred & Gloria Martin Linda Matlock Jim McDougal 13019 - 160th Ave. SE WA State Ecol. Dept./WQSW Unit 14502 167th Pl, SE Renton WA 98059 PO Box 47696 Renton WA 98059 Olympia WA 98504-7696 Bill Mokin Eleanor Moon Steven & Peri Muhich 14404 - 162nd Ave. SE KC Executive Horse Council 13420 - 160th Ave. SE Renton WA 98059 12230 NE 61st Renton WA 98059 Kirkland WA 98033 John Nanney Kathy Nelson Sally Nipert 16169 SE 146th PI. Transportation Dept. 14004 - 156th Ave. SE Renton WA 98059 805 - 2nd Ave. S. Renton WA 98059 Issaquah WA 98027 Gary Norris Florence Nott Dave Nyblom Gary Struthers & Associates 15915 SE 134th Pl. PMB 129 3150 Richards Road #100 Renton WA 98059-6832 4820 NE 4th St., Ste. 101 Bellevue WA 98005 Renton WA 98059-4845 Richard & Anita Oliphant David Petrie David & Georgia Platt 16519 SE I45th St. 811 S. 273rd Ct. 510 Panoramic Dr. Renton WA 98059 Des Moines WA 98198 Camano Island WA 98282 David Rockabrand Marsha Rollinger Mike Romano Four Creeks UAC 15646 SE 138th P!. Centurion Development Services 11427 162nd Ave. SE Renton WA 98059 22617 8th Drive SE Renton WA 98059 Bothell WA 98021 Geneva Scholes Curtis Schuster Charles & Viola Scoby 12924 - 158th Ave. SE KBS III, LLC 13112 - 158th Ave. SE Renton WA 98059 12320 NE 8th St., Ste. 100 Renton WA 98059-8531 Bellevue WA 98005 L 01 P0016A & L03RE038 — Evendeli Revision Page 16 of 21 Seattle KC Health Dept. Karen & Jeffrey Sidebotham Daniel B_ Slaton E. Dist. Environ. Health 13004 - 158th Ave. SE 15315 SE 133rd Court 14350 SE Eastgate Way Renton WA 98059 Renton WA 98059 Bellevue WA 98007 Howard Stansbury Peggy Streit Penny Thorbeck Centurion Development 13512 - 160th Ave. SE 15650 SE 138th Pl. 22617 - 8th Dr. SE Renton WA 98059 Renton WA 98059 Bothell WA 98021 David Wailer Alex Weitz Mr. & Mrs. Bob Wilmot 15635 SE 138th Pl. 15646 SE 138th Pl. 13900 - 160th Ave. SE Renton WA 98059 Renton WA 98059 Renton WA 98059 Kurt Wilson Alvin Wolberg Harold & Eleanor Zeek Harbour Homes 16021 SE 136th St. 16612 SE 145th St. 1010 South 336th Street #305 Renton WA 98059 Renton WA 98059 Federal Way WA 98003 Greg Borba Laura Casey Kim Claussen DDES/LUSD DDES/LUSD DDES/LUSD MS OAK-DE-0100 Wetland Review Current Planning MS OAK-DE-0100 MS OAK-DE-0100 Kristen Langley Anne Noris Carol Rogers DDES/LUSD Clerk of Council LUSD/CPLN Land Use Traffic MS KCC-CC-1025 MS OAK-DE-0100 MS OAK-DE-0100 Karen Scharer Richard Warren Larry West DDES/LUSD Transportation Planner DDES/LUSD Current Planning King Co. Dept of Transportation Geo Review MS OAK-DE-0100 MS KSC-TR-0317 MS OAK-DE-0100 Bruce Whittaker DDES/LUSD Prel. Review Engineer MS OAK-DE-0100 NOTICE OF RIGHT TO APPEAL 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 February 18, 2004. 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 filed with the Clerk of the King County Council on or before February 25, 2004. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. LO 1 POO16A & L03RF-038 — Evendell Revision Page 17 of 21 Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 516 P 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 MARCH 6 and 10, 2003 AND JANUARY 22, 2004 PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L01POO16 AND LO 1 TY401; L03RE038 James N. O'Connor was the Hearing Examiner in this matter. Participating in the hearing were Karen Scharer, Kristin Langley, Bruce Whittaker and Laura Casey, representing the Department; Mike Romano, representing the Applicant; Marsha Rollinger and Gwendolyn High, representing the Intervenors; and Mark Heckert, Gary Norris, Scott Baker, Michael Rae Cooke, David Rockabrand, Dave Petry, Michelle Hagerman, Sally Nipert, Diane Kazele, Alex Weitz, Fred Jaques, Jim McDougal, John Nanney, Bill Mokin, Anita Oliphant, Vanessa Burris, June Hill, Rhonda Bryant, and Kristy Hill. The following exhibits were offered and entered into the record: Exhibit No. 1 DDES combined file LOITY401 & L0IPOOI6, application filed and dated July 6, 2001 Exhibit No. 2A DDES application for land use permit(s) LOITY401 & L01P0016, application dated July 6, 2001 2B Zone reclassification application and justification questionnaire with revision received September 6, 2001 Exhibit No. 3A DDES preliminary report prepared 02/20/03 with attachments as follow: 1. Map of rezone from R4 to R-6 2. Reduced copy of R-6 — 70 lot preliminary plat 3. Reduced copy of R-4 — alternative 46 lot plat 4. Density calculations for R-6 plat 5. City of Renton January 20, 2003, letter 6. City of Renton June 15, 2001 letter 7. Certificate of water availability dated May 30, 2001 8. School information dated July 12, 2001 9. SWM adjustment approval for L02VO024 dated October 17, 2002 3B DDES addendum report with corrections and additional information regarding schools serving the property, prepared 02/27/03 Exhibit No. 4 Revised environmental checklist received October 14, 2002 Exhibit No. 5 Mitigated determination of non -significance dated December 23, 2002 Exhibit No. 6 Affidavit of posting indicating posting dates of October 3 and 4, 2001. Exhibit No. 7A Site plan (70 lot preliminary plat map) received March 26, 2002 LOI P0016A & L03RE038 — Evendell Revision Page 18 of 21 7B Alternative site plan (46 lot preliminary plat map) received March 26, 2002 Exhibit No. 8 Assessors maps (4) for SE 14-23-05 revised 02/23/95, NE 14-23-05 revised 04/05/93, NW 14-23-05 revised 10192, and SW 14-23-05 revised 07/07/97 Exhibit No. 9 Traffic impact analysis by Garry Struthers Associates, Inc. dated June 28, 2001 Exhibit No. 10 Traffic memo dated January 29, 2002, from Garry Struthers Assoc., Inc. Exhibit No. 11 Preliminary technical information report dated June, 2001, by Haozous Eng., P.S. Exhibit No. 12 Level 3 downstream drainage analysis by Haozous Eng., P.S., dated August 26, 2002 Exhibit No. 13 Addendum (6 pages plus cover) to the level -three study dated December 5, 2002 Exhibit No. 14 Wetland evaluation and delineation report, wildlife habitat evaluation and compensatory wetland mitigation plan by Habitat Technologies, dated May 15, 2001 Exhibit No. 15 Addendum to wetland/stream/wildlife report dated October 28, 2002 Exhibit No. 16 City of Renton three -page certificate of sewer availability dated 6/15/01 Exhibit No. 17 Jaques, Fred & Helga email dated November 1, 2001 Exhibit No. 18 Carlson, Marilynn letter dated November 7, 2001 Exhibit No. 19 Revised alternative R-4 plat density calculations received 3/26/02 Exhibit No. 20 Petition from Gwendolyn High (8 pg. + cover), received September 23, 2002 Exhibit No. 21 City of Renton letter received January 22, 2003, with attachments (4 pgs.) Exhibit No. 22 Letter from G. High & M. Rollinger for Citizens Alliance for a Responsible Evendell (CARE) dated April 5, 2002 with attachments (60 pgs. + cover) Exhibit No. 23 G. High and M. Rollinger, CARE petition to intervene filed on 2/18/03 Exhibit No. 24 DDES planning map (created 7/l/2003) prepared 2/20/2003 showing new development planned in the immediate vicinity Exhibit No. 25 Letter from Greg Zimmerman, City of Renton, dated March 05, 2003 (2/12/03 memo attached) Exhibit No. 26 Certificate of Transportation Concurrency received July 6, 2001 Exhibit No. 27 Topographic map provided by City of Renton (aerial photography taken Winter, 1996) subject property in conjunction with Highland Estates Exhibit No. 28 Article from King County Journal, "Give Us Some Space, Firefighters Say..." 02/27/2003 Exhibit No. 29 Transportation service areas 2000 map — KCDDES, February, 2001 Exhibit No. 30 Community action strategies sub -area priority ranking map -- KCDOT, February, 2001 Exhibit No. 31 Assessors map of East Renton/Briarwood area with coloring Exhibit No. 32 Proposed but not entered into the record — area map showing nesting sites Exhibit No. 33 Online permit details — DDES website printouts (18 pgs.) Exhibit No. 34 Notice of application for the Bales Annexation and pre -zone application, dated January 15, 2003 — City of Renton Exhibit No. 35 Letter from Scott D. Baker, Consulting Arborist dated 2/8/03 Exhibit No. 36 Tree retention/protection buffer site plan alternatives Exhibit No. 37 C.A.R.E. households list (2 pg) Exhibit No. 38 Letter from Four Creeks Unincorporated Area Council dated March 5, 2003 Exhibit No. 39 Tree loss and possible ground water contamination depiction Exhibit No. 40 Sign -in and time donation sheet (3 pg) dated March 6, 2003 Exhibit No. 41 Transportation concurrency diagrams for 2001, 2002 & 2003 Exhibit No. 42 a Letter (2 pg) from Don & Janice Milbrath dated March 3, 2003 b Letter (2 pg) from Kristy J. Hill dated March 6, 2003 c Letter (2 pg) from Edward and June Hill dated March 6, 2003 d Letter (1 pg) from Charles W. Scoby, Viola M. Scoby, and Geneva D. Scholes dated March 1, 2003 L01POO16A & L03RE038 - Evendell Revision e f S h j Exhibit No. 43 Exhibit No. 44 a b c d f. Exhibit No. 45 a b d e Page 19 of 21 Letter (1 pg) from Laurie A. Hindes dated February 26, 2003 Letter (2 pg) from Mark Costello dated March 4, 2003 Letter (1 pg) from Eloise and Claude Stchowiak dated March 6, 2003 Letter (3 pg) from Bruce and Joyce Osgoodby dated Feb. 21, 2003, and Mar, 6, 2003 Letter (1 pg) from Richard Savage (undated) Letter (1 pg) from Dan & Lynn Peterson, also signed by Fred & Helga Jaques (undated) Letter (1 pg) from John Nanney dated March 6, 2003 Letter (1 pg) from Linda Williams dated March 5, 2003 Letter (1 pg) from Rodney S. Stewart dated March 5, 2003 Letter (1 pg) from Edward A. Schultz dated March 4, 2003 Letter (1 pg) from Joseph Matsudaira dated March 5, 2003 Letter (1 pg) from Brenda Matsudaira dated March 5, 2003 Letter (1 pg) from Richard & Anita Oliphant dated March 5, 2003 Letter (2 pg) from Mark Costello dated March 4, 2003 Letter (2 pg) from Jeff & Karen Sidebotham (undated) Letter (1 pg) signed by Nancy & Edward Hilton dated March 6, 2003 Memo (4 pg) from Michael Rae Cooke dated March 4, 2003, with attached resident survey sheet, error notes, and April 3, 2002, memo and attachments (8 pg) to King County Surface Water and Land Management The following items were entered at the March 10, 2003, continued hearing: Exhibit No. 46 Photos (9) provided by Anita Oliphant with commentary (undated) Exhibit No. 47 Letter (3 pg) from Bruce and Joyce Osgoody dated February 21, 2003 Exhibit No. 48 Letter (1 pg) from Marilynn Carlson dated March 9, 2003 Exhibit No. 49 Letter (2 pg) from Kristy Hill dated March 6, 2003 Exhibit No. 50 Letter (1 pg) from Marsha Rollinger (undated) Exhibit No. 51 Letter (1 pg) from Joseph Bostjancic dated March 5, 2003 Exhibit No. 52 Memo (1 pg) from Nick Gillen dated March 7, 2003 Exhibit No. 53 Copy of table #3 from the 2002 Issaquah school plan showing "Projected Capacity to House Sudents" Exhibit No. 54 Memo (1 pg) from Mark Heckert, Habitat Technologies, dated March 10, 2003 Exhibit No. 55 Gwendolyn High's testimony of March 6, 2003 with cover letter dated March 10, 2003 noting correction Exhibit No. 56 Letters from: a Donald & Diane Kezelle (2 pg) - undated b Vanessa Burris (1 pg) c Carolyn Ann Buckett (1 pg) d Ronda Bryant (3 pg) dated March 10, 2003 e Michael Rae Cooke (7 pg) dated 3/8/02 f Marsha Rollinger (1 pg) undated g Sally Nipert (1 pg) dated March 6, 2003 L01 P0016A & L03RE038 — Evendell Revision Page 20 of 21 h Shirley Day (1 pg) dated March 6, 2003 i Bill and Donna Makin (2 pg) dated March 6, 2003 Exhibit No. 57 Photos of hawk (2) Exhibit No. 58 DDES revised recommendation/additional conditions dated 3/10/03 The following exhibits were entered into the record at the January 22, 2004, hearing for the Evendell Revision: Exhibit No. 59 Department of Development and Environmental Services Application for major plat revision, filed 10/1/03 Exhibit No. 60a Department of Development and Environmental Services preliminary report for the January 22, 2004, public hearing on file no. L03RE038, with attachments: 1. 70-lot plat layout 2. Density calculations 3. intent to sell and purchase density credits, dated 11/26/03 4. SEPA Adoption Notice, dated 11/10/03 5. Inquiry to Issaquah School District, dated 05/23/03 6. Certificate of Water Availability, dated 9/18/03 7. Letter from City of Renton, dated 11/19/03 8. Letter from City of Renton re: Sewer Extension, dated 11/26/03 9. Transportation Concurrency (e-mail of 9/03/03 & Certificate # 01305) 10. SWM adjustment approval for file no. L02V0024, dated 10/17/02 Exhibit No. 61 Department of Development and Environmental Services corrections to the Preliminary Report to the Hearing Examiner, dated 1/22/04 Exhibit No. 62 Site Plan (plat map) for 70 lots, received October 1, 2003. Exhibit No. 63 Notice of Application, Hearing & Recommendation, 11/10/03 Exhibit No. 64 Affidavit of Posting indicating November 3, 2003 as date of posting and November 6, 2003, as the date the affidavit was received by the Department of Development and Environmental Services Exhibit No. 65 Walkway study prepared by dmp, inc., dated 8/18/03 Exhibit No. 66 School walking route analysis, annotated by DDES, prepared 1/21/04 Exhibit No. 67 3/10/03 and 3/04/03 emails from Issaquah School District and Jeremy Febus re: LOOP0023 plat conditions for school walkways Exhibit No. 68 Examiner's recommendation to the Council — L01TY401 & LOIPOO16, dated 3/28/03 Exhibit No. 69 Ordinance no. 14694 denying reclassification to R-6 under file L0ITY401 Exhibit No. 70 Ordinance no. 14695 approving the 46 lot plat of Evendell Exhibit No. 71 Jaques, Fred & Helga, e-mail regarding density, traffic, and infrastructure inadequate to support increase in density, received 1/20/04 Exhibit No. 72 Shirley A. Gaunt -Smith, note re: concerns, received 1/20/04 Exhibit No. 73 Colored copy of plat map Exhibit No. 74 SEPA MDNS for Liberty Grove Contiguous, file no. L03TY401 & L03P0005, dated 12/16/03 Exhibit No. 75 SEPA MDNS application for Liberty Grove, file no. L03TY403 & L03P0006, dated 12/16/03 Exhibit No. 76 C.A.R.E. response: Evendell plat revision, L03RE038, dated 1/22/04 Exhibit No. 77 C.A.R.E. households list Exhibit No. 78 3/28 and 4/10/00 press releases re: Transfer of Development Credits Exhibit No. 79 Six -year transit development plan showing urban centers, dated February, 2002 Exhibit No. 80 Ding County General Government Budget Advisory Task Force report, dated LA1 P0016A & UO3RE038 — Evendell Revision Page 21 of 21 6/25/03 Exhibit No. 81 A Joint City Position statement for the King County Budget Advisory Task Force Exhibit No. 82 Message to employees from King County Executive Ron Sims, re: budget advisory task force, dated 6/09/03 Exhibit No. 83 King County Council, Budget & Fiscal Management Committee Capital Budget Panel - 2004 CIP Budget Overview Exhibit No. 84 Article entitled "Facing the Challenges - In Transportation' by Harold Taniguchi dated 11.94 Exhibit No. 85 Transportation Service Areas 2000 Exhibit No. 86 High accident locations report no. 16, dated July 2003 Exhibit No. 87 King County transportation concurrency maps 2001, 2002 and 2003 Exhibit No. 88 Transportation concurrency map, level of service standards status, dated 3/07/02 Exhibit No. 89 2003 Annual Growth Report - excerpts Exhibit No. 90 King County Benchmarks Report 2003: Land Use - excerpts Exhibit No. 91 Buildable Lands Report of 8/29/02 - excerpts Exhibit No. 92 State, county, city populations report from OFM Forecasting, State of Washington Exhibit No. 93 Renton Strategic Planning Department - staff reports of 6/03, 9/23, 10/01 and 10/10/03 Exhibit No. 94 Renton Planning Commission recommendation of October 22, 2003 Exhibit No. 95 Renton Ordinance no. 5026 Exhibit No. 96 Renton City Council regular meeting minutes of November 24, 2003 Exhibit No. 97 DDES revised recommendations/additional conditions for file no. LO1P0016, 70-lot plat, dated 3/10/03 Exhibit No. 98 Photographs (5 color copies) of tree damage to Kezele and Thorbeck Homes Exhibit No. 99 No exhibit entered Exhibit No. 100 Photographs (4 color copies) taken by Diane Kezele Exhibit No. 101 Letter to the Hearing Examiner from Edward and June Hill (undated) Exhibit No. 102 Letter to the Hearing Examiner from Kristy J. Hill dated January 21, 2004 Exhibit No. 103 Letter to the Hearing Examiner from Anita and Richard Oliphant dated O1/22/04 JOC:ms/gao L01P0O16A-L03RE038 RPT RE il11/ D DO F c5 Pal r` : I BEFORE THE KING COUNTY COUNCIL IONG COUNTY, WASHINGTON Re: preliminary Plat Revision and Proposal for No. L01P0016A & L03RE038 Transfer of Density Credits for the Proposed Plat of(Proposed Ordinance Na. 2003-0490) EVENDELL TATEMENT OF APPEAL This Appeal Statement is submitted by Citizens, Alliance for a Responsible Evendell ("C.A.R.E."), a Washington non-profit corporation representing over 80 households and 150 residents of the community surrounding the proposed Evendell site. C.A.R.E. has participated fully in. the proceedings before the King County Hearing Examiner, the King County Council and King County Superior Court in this matter. I. INTRODUCTION U. S. Land Development Association/Centurion ("U.S. Land") originally submitted two Preliminary Plat applications in conjunction with a Zone Reclassification application for the parcels known as Evendell and lying South of SE 136* St., between 156`h Ave. SE and 16e Ave. SE. These applications were deemed complete by the Department of Development and Environmental Services ("DDES") as of September 20, 2001. The first plat application proposed a 46 unit subdivision in compliance with the current zoning designation of R-4. The second plat application proposed a 70 unit subdivision contingent on the approval of the zone Reclassification applicaticn. C.A.R.E., after having been granted the right to Intervene on behalf of the surrounding community by Hearing Examiner Stafford Smith, presented the concerns of, and outstanding issues raised by, the residents of the surrounding community at the Public Hearing of March 6 and.10, 2003. In his Report and Decision of March 28, Statement of Appeal -Page 1 of 14 J� of Lq, qao I Li 5 200 asp= a� 7 K.C. D.D.E.,. 2003, the Hearing Examiner pro tempore, James O'Conner, recommended denial of the rezone and 70 unit subdivision, and approval of the 46 unit subdivision. U.S. Land appealed the Hearing Examiner's recommendation to the King County Council. C.A R.E. represented the community's concerns before this Council at the Appeal Hearing of June 30, 2003. The King County Council affirmed the recommendation of the Hearing Examiner and denied the rezone while granting the 46 lot subdivision. U.S. land then filed a lawsuit challenging the actions of the King County Council in King County Superior Court. C.A.R.E. was granted Intervener status by the Honorable Judge Brian Gain on November 12, 2003. Peter Eglick, of the firm of Helsell Fetterman, represented C.A.R.E. before the Honorable Deborah Fleck in this matter on January 12, 2004. Judge Fleck issued a Memorandum of Decision on January 27, 2004 in which the recommendations of the Hearing Examiner and the actions of the King County Council denying the rezone were upheld. In parallel to the legal appeal process, U.S. Land filed a revision of the 70 unit application, No. L01P0016A, for the proposed development of Evendell. The revised application, No. L03RE038, was deemed complete by DDES on October 27, 2003. At the Public Hearing of January 22, 2004 for the revised application, C.A_R.E. continued in its role as Intervener. In his Report and Decision of February 4, 2004, the King County Hearing Examiner pro tempore, James O'Conner, recommended approval, subject to conditions, of the revised Evendell application. Statement of Appeal - Page 2 of 14 H. APPEAL ARGUMENT The Hearing Examiner's Recommendation of Approval is Inconsistent With Countywide Planning Policies and Inadequately Weighs King County Goals and Policies as Required by KCC 21A37.010. A. The purpose of the transfer of development rights program i$ to provide a voluntary, incentive -based process for permanently preserving the rural resource and Urban Separator lands that provide a public benefit. The TDR provisions are intended to supplement lands use regulations, resource protection efforts and open space acquisition programs and to encourage increased residential development density, especially inside cities, where it can best be accommodated with the least Impacts on the natural environment and public services by. 1. Providing an effective and predictable incentive process for rural, resource and Urban Separator land property owners to preserve lands with public benefit as describes in K.C.C. 21A.37.020; and 2_ Providing an efficient and streamlined administrative review system to ensure that transfers' of development rights to receiving sites are evaluated in a timely way and balanced with other county goals and policies, and are adjusted to the specific conditions of each receiving site. _ Though the legislation regulating the TDR program, in general, allows increased density within the entire area of the Urban Growth Boundary, the statement of purpose acknowledges that not all parcels within that area are equally capable of supporting such increased density. KCC 2IA.37.010 requires three things: A. Aunroprlate Location: Density increases resulting from the use of TDR must be located wbere they can best be accommodated with the least impacts B. Ballace of Goals and Zjogig: All of the goals and policies of King County must be balanced when evaluating applications for utilization of the TDR program C. Adinstirnent to the Site: The use of TDR must be adjusted to fit the circumstances of the each receiving site A. Annrnnrkate LocWinn The total number of lots and the plat layout, the proposed improvements to the roads and sewers systems, as well as the traffic, drainage and environmental impacts of the revised Evendell proposal are identical to the original 70 unit subdivision/rezone proposal that was rejected by the King County Hearing Examiner, the King County Council and King County Superior Court. The solitary difference between these proposals is the replacement of the words "Zone Reclassification" with "Transfer of Development Rights" ("TDR" ). New residential development in the Urban Growth Area should occur where facilities and services can be provided at the lowest public cost and in a timely fashion. The Urban Growth Area should have a variety of housing types and prices, including mobile home parks, multi -family development, townhouses and small -lot, single-family development. `Best" and "least" are absolute superlatives. There is no legislative justification for approval of increased density in areas that cannot `best" accommodate its negative consequences with the "least" impacts. Statement of Appeal - Page 3 of 14 The Issaquah School District has determined that there is no safe walkway for students between the Evendell site and any of the local schools (Briar -wood Elementary, Maywood Middle School or Liberty High School) even though they are only blocks away. DDES has recommended a condition, which C.A.R.E. supports, that requires additional walkway facilities to accommodate school children. However, even these recommendations can not eliminate the fact that there is no possibility of constructing a safe walkway to the elementary school. On page 7 of the DDES Recommendations Report (Exhibit 59 in Record), the Issaquah School districts requirements are clearly articulated. "...there new developments nearby should provide acceptable walking facilities to the local schools ... The district views this bus service as temporary only and requests that with construction of new nearby housing developments, safe walking access to schools be provided." All Elementary children will still have to be bussed at taxpayer expense under exceptional arrangements. The requirement for additional taxpayer funds to bus school children from Evendell to schools merely blocks away clearly violates the "lowest public cost" requirement of U-113. Phasing Development within the Urban Growth Area Development in the Urban Area will be phased to promote eff eknt use of the land, add certainty to injiumucturephMningg, and to ensure that urban services can beprovided to urban development... LU-28 Within the Urban Growth Area, growth should be directed as follows: a) first, to Centers and urbanized areas with existing infrastructure capacity; b) second, to areas which are already urbanized such that infrastructure hnnrnverments can be easily extended; and c) last to areas requiring major infrastructure improvements. LU-28 employs the superlative "first" in directing that growth should be directed where services and infrastructure currently exist in adequate levels to accommodate new growth. The closest Urban Center is in downtown Renton and is not full, neither have the areas inside the Renton City Limits been developed to the point of depleting capacity. Therefore, there is no justification for increasing density in the unincorporated area where major infrastructure improvements, such as significant construction of new sewer system network and iiftstations, are required. Such areas are specifically designated by LU-28 to develop "last" Statement of Appeal - Page 4 of 14 B. la ce of Goals and Policies The provisions of C+rdinance 11653 relating to zoning and development review are hereby enacted as a development regulation to be consistent with and implement the comprehensive plan in accordance with RCW 36.70A.120. In case of conflict, provisions of this title tame precedence over procedures presently contained in Title 19 and Title 21A. A. The Countywide Planning Policies attached to Ordinance 10450* are hereby approved and adopted for purposes of complying with RCW 36.70A.210 to begin the process of city review and ratification; to provide a policy framework for developing and updating jurisdictions' comprehensive plans; to provide a policy framework for interim controls to the extent the policies expressly require them; and to establish a program for the additional work necessary to refine, amend and implement the Countywide Planning Policies, including SEIS review and fiscal analysis. 3. For aspects of proposals where either the comprehensive plan or a previously adopted community plan, but not both, has applicable policies or plan map designations, the plan with the applicable policies or designations shall King County shall implement the Countywide Planning Policies through its Comprehensive Plan and Potential Annexation Area, service and other interlocal agreements with the cities Ideally, the policies and goals that must be balanced in consideration of applications for the use of TDR would be codified in the King County Code and the Comprehensive Plan. These regulatory instruments are formulated under the framework established in the Countywide Planning Policies in accordance with the Growth Management Act. However, the King County Code and the Comprehensive Plan are inconsistent with the Countywide Planning Policies, ratified by all jurisdictions in King County in 1992 and incorporated into the King County Code in KCC 20.10.020. After more than 10 years since the adoption of the Countywide Planning Policies, King County has failed to fully implement the specific requirements of the several applicable Countywide Planning Policies into the King County Code, the Comprehensive Plan or the required interlocal agreements with Cities in regard to their Potential Annexation Areas. Thus, in accordance with the priorities established by the above listed regulations, the Countywide Planning Policies themselves are the most specific regulation currently in force, and must be applied to this specific application. Statement of Appeal - Page 5 of 14 LU-29 All jurisdictions shall develop growth phasing plans consistent with applicable capital facilities plans to maintain an Urban Area served with adequate public facilities and services to meet at least,the six -year intermediate household and employment target ranges consistent with LU-67 and LU-68. These growth phasing plans shall be based on locally adopted definitions, service levels, and financing commitments, consistent with State Growth Management Act requirements. The phasing plans for cities shall not extend beyond their potential annexation areas. Interlocal agreements shall be developed that specify the applicable minimum zoning, a _.e�..,...,a„• +g�Aorrlc imnart mitieation and future annexation for the potential annexation areas. LU-33 Land within a city's potential annexation area shall be developed according to that city's and King County's growth phasing plans. Undeveloped lands adjacent to that city should be annexed at the time development is proposed to receive a full range of urban services. Subsequent to establishing a potential annexation area, infill lands within the potential annexation area which are not adjacent or which are not practical to annex shall be developed pursuant to fnterlocal agreements between the County and the affected city. The interlocal agreement shall establish the type of development allowed in the potential annexation area and standards for that development so that the area is developed in a manner consistent with its future annexation potential. The interlocal agreement shall specify at a minimum the applicable zoning, development cta.,a•rdQ_ h„nart mltiaation. and future annexation within the potential annexation area. Refusal to acknowledge the phasing plans of Renton violates LU-29 and LU-33. City of Renton Long Range Waste Water Management Plan / East Cedar River Basin Sewer Collection Report (see Exhibit 76 in Record), which, with their Comprehensive Plan, defines their development phasing plan for this area, states that a gravity lift station at the Elliot Bridge is the best sewer system extension option for the following reasons: • Least requirement for force main pipe of all options considered • Lowest cost of all options considered - for both construction and maintenance • Better performance than pump lift station systems • More reliable than pump lift station systems - less chance of environmental damage due to failure If our community must bear an unequal burden of density in the name of the public interest that would be served by the provision of additional sewer infrastructure, we are entitled to a system that does not subject us to the potential consequences of an inferior infrastructure. King County is in violation of the Countywide Planning Policies articulated in LU-29 and LU-33. Though LU-29 and LU-33 employ the imperative "shall", there is not one interlocal agreement between the City of Renton, in whose Potential Annexation Area Evendell is located, and King County regarding the specified land use issues. Statement of Appeal - Page 6 of 14 As a result, all plat and related land use applications have been, and continue to be, processed in violation of these fundamental legislative requirements. King County is not allowed the option to neglect to negotiate and adopt interlocal agreements "that specify the applicable minimum zoning, development standards, impact mitigation and future annexation for the potential annexation areas" at its discretion. This is a fundamental legislative requirement. Infill Development Urban growth occurs both in new neighborhoods and in existing neighborhoods. Existing neighborhoods have a history of development patterns which have created a sense of identity. At the same time a vital neighborhood adapts to change and develops its own image. New development in these neighborhoods should build on the existing patterns in a manner which respects and enriches the neighborhood... LU-69 All jurisdictions shall develop neighborhood planning and design processes to encourage infi11 development and enhance the existing community character and mix of uses. Approval of the requested increased density violates LU-69. Increased density has been proven to be incompatible with the existing community character. This application proposes exactly the same density and developed character as the originally proposed - and rejected - rezone proposal. The Comprehensive Plan and County Code fail to specify criteria of character to be considered with application for use of TDR, so again, the Countywide Planning Policy is the most specific applicable regulation. The development pattern of the wider surrounding neighborhood indicates a well defined scale of not greater than R4 development that has been in place since the early 1960s. In his recommendations for the original Evcndeli applications, the King County Hearing Examiner recorded his acknowledgment of these conditions: "Existing development in the area surrounding Evendell is generally on lots ranging from 15,000 square feet to 1 V4 acres, with a few smaller and a few larger. Redevelopment and infill will occur over time in much of the area, creating smaller lots, but a substantial portion of the area will remain as currently developed for the indefinite future. The general character of existing development is individually built homes, with yards, gardens, trees and some pasture area and outbuildings, generating an overall impression of a suburban or somewhat rural area." Many of the members of C.A.R.E. have purchased their homes fairly recently, as compared to our neighbors of thirty or more years. The most consistent factor in their decision criteria has been that this community Statement of Appeal - Page 7 of 14 is one of the last places in King County that Offers housing on large lots with large trees. Not only will the proposed development be immediately incompatible with the character of the existing neighborhood, but the site plan itself completely prevents the possibility of growth of the species or scale of trees to ever mask its presence or mitigate its impact. It will remain an expanse of rooftops and blacktop forever. In 2003 the City of Renton conducted a major study of the East Renton Plateau Potential Annexation Area in which the proposed Evendell development is located. Like King County's, Renton's Comprehensive Plan is a relatively recent legislative development - the result of the requirement of the Growth Management Act for local jurisdictions to plan for their share of anticipated growth. Interestingly, the Evendell, Liberty Grove/Liberty Grove Contiguous and Nichols Place applications were critical motivations for these studies. These applications brought to staffs attention the need to refine the zoning and development standards for this area to provide sufficient authority to ensure that the development of Renton'9 FAA would allow the achievement of core Comprehensive Plan Polices. (Renton Strategic Planning Department — Staff Reports of June 3, September 23, October 1, October 10 Exhibit 93 in Record; Renton Planning Commission Recommendation of October 22 Exhibit 94 in Record; Ordinance 5026 Exhibit 95 in Record; and Renton City Council Regular Meeting Minutes of November 24, 2003 Exhibit 96 in Record) As the acknowledged future local government for the East Renton Plateau PAA, the City of Renton is best qualified to evaluate the long term potential for development and the associated costs of such development. The results of their research were dramatic. The assumptions at the start of the process included the option of either confirming the extension of the city's standard base density of R 8(net) throughout the PAA or setting aside 2 limited bonus areas of up to R-6(net) within an area -wide designation of R-4(met). Ultimately, Renton determined that either standard would critically impede the implementation of other of its Comprehensive Plan Policies. The final action resulted in adoption of updates to their Comprehensive Plan which designates the entire PAA as R- 4(net) and requires new, more stringent, site and building design restrictions being added. Statement of Appeal - Page 8 of 14 RF-4 Each city with a potential annexation area shall enter into an interlocal agreement with the County for defining service delivery responsibilities. A financing plan for investments in the annexation areas skull be included in the interlocal agreement for capital facilities and service delivery. Level -of -service standards and financial capacity should be considered for each area, together with density issues and phasing of developments. RF-5 In order to transition governmental roles so that the cities become the provider of local urban services and the County becomes the regional government providing Countywide and rural services, unincorporated Urban Growth Areas are encouraged to annex or incorporate within the 20-year timefiame of these Policies. To achieve this goal, all cities that have identified potential annexation areas shall enter into interlocal agreements with King County that includes a plan for development standards and fwancing of capital and operating expenditures during the period prior to annexation. King County is in violation of the Countywide Planning Policies articulated in RF4 and RF-5. Since there still are no interlocal agreements as required by these policies, the Countywide Planning Policy is the only adopted criteria by which the application for use of TDR can be evaluated in this potential annexation area. "...King County supports increases in urban residential density through a rezone or a proposal to increase density through the density transfer or the density, incentive programs when the proposal will help resolve traffic, sewer, water narks or open space deficiencies in the immediate neighborhood." In his recommendations forthe original Evendell applications, the King County Hearing Examiner recorded the following in regard to U-122: "...Most of the same improvements also would be built to support the 46 lot alternative plat proposed under the existing R-4 zone classification. The impacts from the development of 46 lots require similar sewer and surface water drainage improvements..." C.A.R.E. supports this finding and finds it directly applicable to the current application for the use of TDR. Since there negligible net gain of the improvements to be provided under current zoning density as compared to the requested increased density, there is no justification to grant that requested density. King County and the cities shall collaboratively address level -of -service standards and costs. King County and the cities may share the costs of needed capital improvement programs and other services. The city of Renton specifically identified the need for roadway widening, pavement section, curb and gutter, sidewalks, street lighting, internal street system (including right-of-way width) in conformance with Renton standards in their letter of November 19, 2003. They raised specific objection to the paved shoulder and drainage ditch proposed for the frontage on 160" Ave. SE. DDES failed to fulfill the requirement to "collaboratively address level -of -service standards and costs". In fact, they failed to even acknowledge the issues raised by Renton. Statement of Appeal - Page 9 of 14 if a city desires a level -of -service higher than King County's service standard, the city should be responsible for navina all of the incremental costs of the higher level -of -service above what the County would rovide. Since DDES failed to engage with the City of Renton in any way, Renton was not afforded to opportunity to pay any incremental cost associated with their higher design and construction standards. Additionally, the City of Renton provides fire protection services for this area of unincorporated King County. This constitutes a kind of functional interlocal agreement for which consideration of Renton's standards for the accommodation of emergency vehicles and zoning must be included in the evaluation of these applications. Renton requires additional site access and road network connectivity, wider and thicker road surfaces with larger turning radii. In the absence of the interlocal agreements required by the Countywide Planning Policies, the requirement of Comprehensive Plan Policies U-208 and 209 carry all the more weight. It is not an option for King County to address these issues, or not, at its discretion. King County is required to address the issues raised by the City of Renton. DDES utterly failed to do so, and thus the recommendations proposed by staff are in violation of KC Comprehensive Plan Policy U-208 and must not be approved. Failure to coordinate the standards to which infrastructure improvements are to be constructed with the jurisdiction in whose PAA the subject parcels are found violates LU-28, LU-29, LU-33 U-208and U-209. Required mitigation must be modified to the negotiated satisfaction of both King County and the City of Renton. Urban Areas Designated for Growth Beyond 2002 In Urban Areas designated far growth beyond 2002, there 11411 be a mix of existing services which may or may not be at urban service levels. The appropriate infrastructure irnpravements for sewer and water systems will vary according to existing site conditions. New developments should occur contiguous to existing, fully -developed areas so that extension of services occurs in an orderly and cost effective manner. Phased and Cost Effective Extension of Urban Water and Server Systems CO-11 To the extent practicable, all new plats shall be contiguous to the areas identified for growth for the next ten years. The phased expansion should respect basin boundaries or other natural landscape features. The proposed Evendell development is completely and without exception isolated from any fully - developed areas. Approval of any of these applications would violate KC Countywide Planning Policy CO-11- Statement of Appeal - Page 10 of 14 1. Residential Densities The density of eight homes per acre expressed below is a long-term goal and would he an average density of sin family and multifamily developments. According to the 2003 Annual Growth Report, 50% of the anticipated growth in King County for the entire 20 year planning cycle has been achieved in the fast 38% of that cycle. Even more telling, the Unincorporated Area of the South Subregion, in which the proposed Evendell is located, has achieved 37% of its total 20 year goal in the last 2 years (9% of the total period). (King County Benchmark Report 2003: Land Use -- excerpts Exhibit 90 in Record) This rate far exceeds the anticipated and planned rate of growth, and the impacts are sorely felt in our community. Achieved Density on New Plats and Achieved Density on New Permits far exceeded the Average Planned Density for areas, such as ours, currently zoned 3-5 DU/acre in the South Subregion. Our area is more than meeting its growth targets and fulfilling the goals of the Comprehensive Plan for urban densities inside the UGB. There is no shortage of housing or of housing capacity. The Buildable Lands Evaluation Report 2002 has indicated no such shortage now or in the foreseeable future. (Buildable Lands Evaluation Report 2002 — excerpts Exhibit 91 in Record) On page 183, the Residential Capacity Analysis for the South County urban unincorporated area, in which the proposed Evendell site is located, states: "The South County Urban Unincorporated Area has a total residential capacity of 17,283 units. Its remaining target to 2012 is 4,935 households. This amounts to a surplus capacity of 12,384 units greater than its target. It has achieved 53% of its target in the fast eight years of the twenty year planning period." On page 9 the following summary conclusions are reported for the entire County: • King County has well over the capacity needed to accommodate the growth that is expected to occur by 2012. • Sufficient capacity exists to accommodate further growth beyond the 2012 planning horizon. • All the sub -areas of King County show adequate capacity for the target period through 2012, and beyond. The data clearly shows that we bave much more than sufficient capacity in this area, and in all of King County, to meet all mandated targets — without approval of any application for densities higher than the current base densities anywhere in the County or at any time within the planning period. Statement of Appeal - Page 1 I of 14 To achieve an average density within the Urban Zone, county wide, of up to eight houses per acre, there must be areas with density lower than that average. Where circumstances in a specific area, such as ours, make higher density inappropriate, this provision for the allowance of lower density makes it not only possible, but necessary to allow that lower density to be maintained. The Washington State Office of Financial Management sets the projected growth targets for all local governments. Its 2003 reports show that the rate of population increase has slowed sharply. There is a significant probability that all growth targets inside King County will be lowered as a result of these trends. (State, County, City Populations Exhibit 92 in Record) r, Adiust _ eut to the 55 The examiner's recommendation may be to grant or deny the application or appeal, of the examiner may recommend that the council adopt the application or appeal with such conditions, modifications and restrictions as the examiner finds necessary to carry out the applicable state laws and regulations and the regulations, including chaptff 43.21C RCW.. _ lu order to carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington and all agencies of the state to use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: (a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; (c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; ... 1ni\L'0 ....e. —+-A eAA;i;nnai—"Aifinne thtr;nn the Pnhlic Hearing fnr the original 1"vendell annhoations. ..�....r.... Jr- - (DDES Revised Recommendations/Additional Conditions Exhibit 97 in Record) Item #21 states: "The drip line of trees off -site west of the proposed Lots 12-19 shall be established and easement(s) shall be placed over the drip line area(s) on the lots of the subject plat. Easement area within the drip line shall be left in a natural state and no grading, placement structures or other improvements shall be allowed. Establishment of the drip line area shall be completed at the time of the engineering review." Since submission of this recommended condition by DDES, events have transpired exactly as predicted by C.A.R.E. and its expert witness, arborist Scott Baker. During the summer and fall of 2003, the owner of the easternmost Evendell parcel removed several significant maples and firs in the vicinity of the west border. In the Statement of Appeal - Page 12 of 14 wind storm of December 2003, several trees fell on and caused several thousands of dollars of damage to the homes on adjacent parcels. (Tree Damage to Kezele and Thorbeck Homes Exhibit 98 and 100 in Record) Diane Kezele reports that in 30 years of residency there has never been an .instance of trees falling is this area, much less precipitating damage on the homes. Nothing but random luck saved the occupants from injury or death. These County and State regulations guarantee protection of citizens. We request that the adjacent parcels be protected from further damage through adequate mitigation requirements. When the examiner renders a decision or recommendation, he or she shah make and enter findings of fact and conclusions from the record which support the decision and the findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the comprehensive plan, subarea or community plans, the zoning code, the land segregation code and other official laws, policies and objectives of King County, and that the recommendation or decision will not be unreasonably inco 3patible with or detrimental to affected prcperties and the general public. In light of complete lack of interlocal agreements between the City of Renton and King County for the Potential Annexation Area in which the Evendell site is located, which are required by Countywide Planning Policies LU-29, LU-33, RF4 and RF-5 as well as are required by Comprehensive Plan Policy RP-202, the Hearing Examiner's Findings are incomplete. There is no demonstration that the recommendations recorded are consistent with, carry out or implement the goals and policies required to be balanced in consideration of applications for the use of TDR as set forth in KCC 21A.37.010. Further, the Hearing Examiner's recommendations fail to protect the adjacent properties from damage as is required by KCC 20.24.070(B) and RCW 43.21 C.020(2). Statement of Appeal - Page 13 of 14 III. CONCLUSION We are the Public. Our interest is in protecting our homes, preserving the character of our existing neighborhood, promoting fair and reasonable use of property for all land owners and preventing harm to our community. King County is obligated to craft and enforce the implementation of land use regulations which are self - consistent and which protect the interests of its citizens. The Evendell proposal for increased density is not in the public interest. On the contrary, the proposed higher density development will cause the destruction of the character of the existing and established surrounding neighborhood, precipitate permanent and substantial damage to adjacent properties, and burden the community with increased noise, traffic and pollution. Approval of this application as currently recommended would not only violate the specific requirements and limitations of KCC 21A.37A10, the Comprehensive Plans of both King County (RP-202, U-113, U-122, U-208, U-209 and T-321) and the City of Renton, as well as the Countywide Planning Policies (LU-28, LU-29, LU-33, LU- 69, RF-4, RF-5 and CO-11), but also -jeopardizes King County's interests and its express goal of accelerated annexations of the Urban Unincorporated Areas by exacerbating the existing infrastructure deficit and by failing to collaboratively address level -of -service standards of the City of Renton in its Potential Annexation Area. Based on the foregoing and the record in this matter, Citizen's Alliance for a Responsible Evendell respectfully requests that this Council deny the use of Transfer of Development Rights for the Evendell Preliminary Plat, applications L )lP0016A & L03RE038, and that mitigation sufficient to prevent damage to neighboring properties be required. DATED this 29qdayof 2004. BY Gwendolyn High — President Citizens' Alliance for a Responsible Evendell P.O. Box 2936 Renton, WA 98059 Statement of Appeal - Page 14 of 14