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adequate transition zone going from east to west and lower to higher densities at its present zoning classification. However, both the R-1 and R-4 districts are classified in the Comprehensive Plan as Residential Low Density Land Use districts. RMC 4-2- 020D states, "The R-4 designation serves as a transition between rural designation zones and higher density residential zones. It is intended as an intermediate lower density residential zone." RMC 4-2-020C states, the R-1 zone is "intended to protect critical areas, provide separation between neighboring jurisdictions through designation of urban separators as adopted by the Countywide Policies, and prohibit the development of incompatible uses that may be detrimental to the residential or natural environment." As noted above, there are no critical areas on the subject site and it is not part of the designated Urban Separator. Therefore, the R-4 zoning designation meets the intent of the Comprehensive Plan Policy by providing a transition to the Urban Growth Boundary and the King County Rural Designation. Comprehensive Plan Policy LU -HH: Provide for a range of lifestyles and appropriate uses adjacent to and compatible with urban development in areas of the City and Potential Annexation Area constrained by extensive natural features, providing urban separators, and/or providing a transition to Rural Designations within King County. 17. As noted above for Policy LU -148, the subject site is not constrained by extensive natural features and is not designated as an urban separator. It does provide an adequate transition to Rural Designations within King County. As both the R-1 and R4 zones are designated Low Density Residential districts in the Comprehensive Plan, either zoning designation will meet the criteria of compatibility with this Comprehensive Plan Policy. Comprehensive Plan Policy LU -151: Base development density should range from one home per 10 acres to one home per acre on Residential Low Density (PLD) designated land with significant environmental constraints, including but not limited to: -steep slopes, erosion hazard [sic], floodplain, and wetlands or where the area is in a designated Urban Separator. Density should be a maximum of 4 dulnet acre on portions of the Residential Low Density land where these constraints are not extensive and urban densities are appropriate except as provided in Policy LU -134x. 18. The subject property does not contain critical areas and is not in a designated Urban Separator. It is designated as Residential Low Density land in the Comprehensive Plan. Since 2004, there has been no Comprehensive Plan Policy LU - 134a. The Policy specifically states that density should be a maximum of four dwelling units per net acre. Either the R-1 or the R-4 zone would meet the intent this Comprehensive Plan policy. Comprehensive Plan Policy LU -153: For the purposes of mapping, the prevalence of significant environmental constraints should be interpreted to mean critical areas encumber a significant percentage of the gross area; developable Rezone p. 15 Findings, Conclusions and Decision areas are separated from one another by pervasive critical areas or occur on isolated portions of the site and access limitations exist; the location of the sensitive areas result in a noncontiguous development pattern; the area is a designated urban separator, or application of the Critical Areas Ordinance setbackvbuffers andlor net density definition would create a situation where the allowable density could not be accommodated on the remaining net developable area without modifications or variances to other standards. 19. This policy does not apply to the subject property as there are no critical areas on site. Comprehensive Plan Policv LU -II- Designate Residential 4 du/acre zoning in those portions of the ALD designation appropriate for urban levels of development by providing suitable environments for suburban and/or estate style, single-family residential dwellings. 20. The Applicant argues the subject property is a suitable environment for suburban and/or estate style single-family residential dwellings. As there are no critical areas on-site, and there is sufficient acreage to support suburban and/or estate style single-family residential dwellings, an R-4 designation in this area would meet the criteria of this Comprehensive Plan Policy. Comprehensive Plan Policy L U-157: Within the Residential 4 du/acre zoned area allow a maximum density of four units per net acre to encourage larger lot development and increase the supply of upper income housing consistent with the City's Housing Element. 21. The subject site is not currently zoned R-4. The R4 zoning designation already allows a maximum density of four units per net acre. There is no site plan application currently before the Examiner; therefore, there is no way to ascertain what style of housing at what income level might be constructed on any lot, with any zoning. This Comprehensive Plan Policy does not apply. Comprehensive Plan Poli EIV -1: Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply, energy production, and open space. 22. On page 6 of the Staff Report, Policy EN -1 is presented as, "Prevent development on lands where development would create hazards to life, property, or environmental quality." The Staff version appears to have been superseded in 2009. Comprehensive Plan Policy EN -1 in the currently adopted Comprehensive Plan is presented above. As currently adopted, this Comprehensive Plan Policy does not apply. Rezone p. 16 Findings, Conclusions and Decision Consistency with the Zoning Classification. 23. On page 7 of the Staff Report, Staff state, "The R-1 zone is established to provide and protect suitable environments for residential development of lands characterized by pervasive critical areas were limited residential development will not compromise critical areas. It is intended to implement the RLD Comprehensive Plan designation. The zone provides for suburban estate single-family and clustered single-family residential dwellings, at a maximum density of one dwelling unit per net acre, and allows for small-scale farming associated with residential use. While the site is not directly encumbered by critical areas it is adjacent to a stream and drains into a large drainage basin that has been described as having moderate and extensive flooding which is exacerbated by increases in development. Moreover, the proposal would not be consistent with the R-4 designation in that it would be considered a spot zone and would not offer a transition between rural and higher density residential zones. Based on the analysis above the subject property is most properly zoned R- l and a rezone to R-4 is not supported." With respect to the City's zoning code, the Applicant stated the subject properties are more appropriately zoned R-4 based on the City's zoning description and intents. The Applicant noted the zoning code statement of purpose for both the R -I and R4 zones. The applicable section for each zone is stated below (emphasis added). RMC 4-2-020C Residential-] DU/Acre-(R-1): The Residential -1 Dwelling Unit Per Net Acre Zone (R-1) is established to provide and protect suitable environments for residential development of lands characterized by pervasive critical areas where limited residential development will not compromise critical areas. It is intended to implement the Low Density Residential Comprehensive Plan designation. The zone provides for suburban estate single family and clustered single family residential dwellings, at a maximum density of one dwelling unit per net acre, and allows for small scale farming associated with residential use. Density bonus provisions, of up to eighteen (18) dwelling units per acre, are intended to allow assisted living to develop with higher densities within the zone. It is further intended to protect critical areas, provide separation between neighboring jurisdictions through designation of urban separators as adopted by the Countywide Policies, and prohibit the development of incompatible uses that may be detrimental to the residential or natural environment. No minimum density is required. (Ord. 5590, 2-28-2011). RMC 4-2-020D Residential -4 DU/Acre (R-4): The Residential -4 Dwelling Units Per Net Acre Zone (R4) is established to promote urban single family residential neighborhoods serviceable by urban utilities and containing amenity open spaces. Rezone p. 17 Findings, Conclusions and Decision It is intended to implement the Residential Low Density Comprehensive Plan designation. The Residential -4 Dwelling Units Per Net Acre Zone (R-4) will allow a maximum density of four (4) dwelling units per net acre. The R-4 designation serves as a transition between rural designation zones and higher density residential zones. It is intended as an intermediate lower density residential zone. Larger lot subdivisions are preferred; however, "small lot clusters" are allowed on sites where open space amenities are created. Resulting development is intended to be superior in design and siting than that which would normally otherwise occur. Small lot clusters may also meet objectives such as the provision of efficient sewer services. (Ord. 5355, 2-25-2008). As noted above, the property is not characterized by the presence of pervasive critical areas. It is also not designated as an Urban Separator. The Applicant has demonstrated through expert testimony that stormwater and environmental impacts may be fully mitigated through application of the City's existing Critical Areas Ordinance and development codes and in accordance with the 2009 King County Surface Water Design Manual. Additionally, the City will have the opportunity to provide development and environmental review for any permits for future development in the rezone area. Both the R-1 and R-4 zones are designated Low Density Residential districts in -the Comprehensive Plan. Both zones provide an effective transition between higher density residential development to the west and rural development in the unincorporated County to the east. The R-4 zone is, in fact, intended to be a transition zone. Furthermore, the rezone site is serviceable by urban utilities including natural gas, public sewer, and public water. The buffer along Greene Creek may be used to provide amenity open spaces. For these reasons, the rezone to R-4 is supported. DECISION The Hearing Examiner recommends approval of the rezone request. Dated this 1 st day of November, 2011. (!�c'aoJ Emily Terrell City of Renton Hearing Examiner Pro Tem Rezone P. 18 Findings, Conclusions and Decision approve or deny any site plan for this property based on impacts to critical areas, stormwater, or any other development regulation within the City code. Concerns related to material damage from the rezone in the form of a loss of the existing peaceful and bucolic natural surroundings, potential stormwater and environmental impacts, potentially higher crime, potentially lower property values, and the potential for more traffic have not been substantiated. Traffic impacts will be relatively minor in proportion to existing traffic. Expert testimony suggests potential stormwater and environmental impacts can be fully mitigated. As no site plan is currently proposed, issues related to future development including the type of homes, income range of potential new residents, or any other information related to new development cannot be assessed at this time. No substantial evidence was provided to prove the rezone would provide material damage the surrounding property owners. Additionally, the SEPA DNS issued on July 18, 2011 was not appealed. Consistency with the Comprehensive Plan. IL Several Comprehensive Plan policies are relevant to the rezone application. City Staff provided an up/down analysis of four Comprehensive Plan policies including LU -51, LU -147, LU -151, and EN -1. In each case, City Staff felt the application had failed consistency requirement with the applicable Comprehensive Plan policy. In their analysis of Comprehensive Plan consistency, Staff referred to their discussions in relation to the rezone criteria. The Applicant discussed Comprehensive Plan consistency for LU -11, LU -FF, LU -147, LU -148, LU - HH, LU -151, LU -153, LU -11 and LU -157. Each of these policies is discussed in detail below. Comprehensive Plan Policy LU -11: Minimum density requirements shall be established to ensure that land development practices resulted in average development density in each land use designation sufficient to meet adopted growth targets and create greater efficiency in the provision of urban services. 12. City Staff noted in the Hearing the City of Renton is on track to meet its Buildable Lands requirements under the Growth Management Act. As no further density is required to meet GMA requirements, no action is required related to this Comprehensive Plan Policy. Comprehensive Plan Policy LU -5.1: Zoning should be applied areas for purposes of resource protection, when appropriate, during the annexation process. 13. City Staff stated in the Staff Report (page b) this Comprehensive Plan objective has not been met. However, this property was annexed with an existing pre - zoning. As stated by Staff in both the Staff Report and the Hearing, the R -i designation was applied, in part, to preserve the existing critical areas in the May Creek Drainage Basin. The pre -zoning designation was applied to the properties when annexed in May 2009. The question at issue here is not the zoning applied during the Rezone p. 13 Findings, Conclusions and Decision annexation process, but whether or not an alternative zoning designation may be applied to the property going forward. The intent of the policy is to provide resource protection, when appropriate. As discussed earlier, the Applicant has provided reasonable evidence that resources may be protected through the application of the City's existing critical areas ordinance and the 2009 King County Surface Water Design Manual in accordance with the recommendations of the 2001 May Creek Basin Action Plan. Comprehensive Plan Policy LU -FF: Manage and planfor high-quality residential growth in Renton and the Potential Annexation Area that supports transit by providing urban densities, promotes efficient land use utilization, and create stable neighborhoods incorporating built-in amenities and natural features. 14. The City of Renton has many zones and development standards that promote the implementation of this policy,. This policy is related to citywide issues and is not necessarily applicable to individual lots. As discussed above, the City is meeting its GMA requirements for population growth. No further action is required related to this Comprehensive Plan Policy. Comprehensive Plan Policy LU -147: Adopt urban density of at least four (4) dwelling units per net acre for residential uses except in areas with identified and documented sensitive areas and are areas identified as urban separators. 15. City Staff contend this area should not be rezoned to four dwelling units per net acre because this increased development density would conflict with the recommendations of the May Creek Basin Action Plan. The Applicant noted there are no critical areas on the subject site. The Applicant also notes the property is not included within a designated Urban Separator. The Action Plan allows for the contemplation of increased residential densities in circumstances where a qualified hydrologic analysis demonstrates that stormwater can be treated and managed to pre - developed conditions. The 2009 King County Surface Water Design Manual requires any stormwater treatment facility to treat stormwater to pre -developed, forested conditions. The Applicant's expert testimony suggests all potential stormwater and environmental impacts can be fully mitigated. The site does not contain critical areas, impacts to stormwater and critical areas can be fully mitigated, and the area is not a designated urban separator, therefore rezoning the property to allow for four dwelling units per net acre for residential uses is appropriate. This Comprehensive Plan Policy is met. Comprehensive Plan Policy LU -148: Encourage larger lot single-family development in areas providing a transition to the Urban Growth Boundary and King County Rural Designation. The City should discourage more intensive platting patterns in these areas. 16. The Urban Growth Boundary is located along Nile Avenue on the subject property's eastern boundary. In testimony, City Staff stated the rezone area is an Rezone p. 14 Findings, Conclusions and Decision b. The request supports the adopted business plan goals established by the City Council; or c. The request eliminates conflicts with existing elements or policies; or d. The request amends the Comprehensive Plan to accommodate new policy directives of the City Council. 4. RMC 4-9-020F(2) requires applications to support the vision embodied in the Comprehensive Plan, support the adopted business plan goals established by the City Council, eliminate conflicts with existing elements or policies, and/or amend the Comprehensive Plan to accommodate new policy directives of the City Council. Of these, the only applicable criterion is the support for the vision embodied in the Comprehensive Plan. RCM_ 4-9-180F(2). Criteria for Rezones Not Requiring Cornnrehensive Plan Amendment! .....,. The Reviewing Official shall make the following findings: d. The rezone meets the review criteria in subsection F1 of this Section. 5. RMC 4-9-180F(2)(d) requires the rezone to meet to review criteria in subsection RMC 4-9-180F(1). RMC 4-9-180F(1)(a). Is consistent with the policies set forth in the Comprehensive Plan; 6. The analysis of specific Comprehensive Plan policies and objectives below will discuss how the application meets the Comprehensive Plan policies and vision. RCM 4-9-180F(1)(b). At least one of the following circumstances applies: i. The property subject to rezone was not specifically considered at the time of the last area land use analysis and area zoning; or ii. Since the most recent land use analysis or the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. 7. RMC 4-9-180F(l)(b) requires one of two circumstances. to apply; the first is that the property subject to the rezone was not specifically considered at the time the last area land -use analysis and area zoning. The second requirement is that since the most recent land use analysis for the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. The first of these criterions is not met because the subject property was Rezone P. 9 Findings, Conclusions and Decision considered during the 2005 area -wide land use review in response to the Growth Management Hearings Board decision on minimum residential densities. Development in the area immediately surrounding the subject property has materially changed since the pre -zoning was set in 1997 including the construction of the 53 - home Stonegate subdivision to the subject's west and north and the construction of Windstone, a 76 -home development located to the south of the subject property which was built out at a realized density of approximately 4 dwelling units per acre. Since the last area -wide zoning review in 2005, there have also been significant improvements to public infrastructure in the form of a sewer line and sewer lift station adjacent to the subject property as well as the provision of natural gas lines along the northern border the subject property. Also, in 2009, King County adopted a new stormwater management manual that requires stormwater to be managed to pre - developed, forested conditions. The new stormwater regulations represent a significant change to the way stormwater is managed and treated from the regulations in place at the time of the last area -wide zoning review. RCM 4-9-180F(2). Criteria for Rezones Not Requiring Comprehensive Plan Amendment. The Reviewing Official shall make the following findings: a. The rezone is in the public interest, 8. RMC 4-9-180F(2)(a) requires the Official to find the rezone is in the public interest. Page 4 of the Staff Report states, "the Applicant asserts that the proposed density would only further the existing development densities in the area, which are also in compliance with the Growth Management Act (GMA) ... while the surrounding properties might be developed with a density range comparable to the R- 4 zoning designation, this would not constitute a public interest to further expand the R-4 designation and/or development potential in the additional area," (emphasis added). The Applicant testified the rezone implements the Comprehensive Plan and serves the public interest by promoting urban densities in the Urban Growth Area in accordance with the Growth Management Act. The Applicant also demonstrated the build -out densities in the area already approach 4 dwelling units per acre. The Staff Report further stated, "The property will still be surrounded by the City's R- 1 zoning designation and the properties to the south would are [sic] pre -zoned R-1 should they annexed into the city. The subject parcels would also continue to be bisected by an R-1 tract." As noted both in the above italicized text, and in the Applicant's response, build -out densities surrounding the subject property are closer to 4 du/ac than 1 du/ac in the areas immediately south of the subject properties as well as within 1,000 feet of the subject properties to the west. Though the properties to the subject's south are pre -zoned R-1, these lots are predominantly build -out at higher Rezone P. 10 Findings, Conclusions and Decision densities. When these properties annex into the City, the majority of them will not meet the R-1 pre -zoning designation. The Stonegate development was -built at an overall density of 1.38 du/ac; because of the need to preserve critical areas and open space. However, the lot sizes for home sites within Stonegate average around 15,OOOsf per lot, a realized build -out density of approximately 3 dwelling units per acre for the portions of the plat with developed lots. The Comprehensive Plan views both the R-1 and R-4 districts as Low Density Residential. The public interest is not undermined by incompatible adjoining land use designations as asserted in the Staff Report because the zoning designations are highly similar and the realized densities are in fact more comparable with R-4. An issue associated with the public interest criterion is whether the proposed rezone constitutes an illegal spot zone. The Staff Report references the judicial standard for illegal spot zoning from Narrowsview Preservation Association v. City of Tacoma, 84 Wn.2d 416 (1974), in which the court ruled: "We have recently stated that illegal spot zoning is arbitrary and unreasonable zoning action by which a smaller area is singled out of a larger area or district and specially zone for use classification totally different from and inconsistent with the classification of the surrounding land, not in accordance with the comprehensive plan. " The proposed rezone is not arbitrary or unreasonable and it is not inconsistent with the classification of surrounding land. As to consistency of classifications, the R4 classification is different from the surrounding R-1 classification, but its differences are consistent with the Comprehensive Pian. The Renton Comprehensive Plan defines both the R-1 Residential zone and the R-4 Residential zone as Residential Low Density Land Use designations. The purpose statement encompassing both zones states this designation is, "appropriate for a range of low intensity residential and employment where land is either constrained by sensitive areas or the City has the opportunity to add larger lot housing stock, at urban densities of four dwelling units per net acre, to its inventory ... Lands that either do not have significant sensitive areas, or can be adequately protected by the critical areas ordinance, are zoned Residential 4." As determined in Finding of Fact No. 6, the Critical Areas Ordinance provides adequate protection to May Creek and the off-site critical areas in conjunction with the 2009 King County Surface Water manual. Consequently, a rezone to R-4 would be consistent with the Comprehensive Plan. Further, as previously discussed, the R-4 designation would not be incompatible with the surrounding R-1 classification given that the actual densities of the surrounding properties are similar to those of the proposal. Given these factors the proposed rezone cannot be considered "totally different" from the surrounding R-1 zones and it is certainly not incompatible. While it is true the proposed rezone would be bisected by a lower density zone, the area of Rezone P. 11 Findings, Conclusions and Decision the bisection is a 30 foot utility easement which may not be developed in any case. Its presence does not constitute an illegal spot zone. As to whether the rezone could be characterized as arbitrary or unreasonable, the Applicant has amply demonstrated that new stormwater regulations eliminate the underlying rationale for the R-1 designation in this area, i.e. protecting critical areas from stormwater run-off. The Applicant has provided a sound policy justification for the rezone and there is nothing in the record that suggests that -the rezone would create any corresponding public detriment. City Staff stated the Action Plan recommendations related to zoning densities must be enforced because the interlocal agreement adopting these recommendations is still in place and therefore must still be needed. Enforcement of the interlocal agreement is outside of the jurisdiction of the Hearing Examiner and is not relevant to the rezone criteria. RCM 4-9-180F(2). Criteria for Rezones Not Requiring Comprehensive Plan Amendment: The Reviewing Official shall make the followingfindings: b. The rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner 9. RMC 4-9-18OF(2)(b) requires the Official to determine if the rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner. Both the Staff and Applicant agree granting the rezone would further the preservation and enjoyment of substantial property rights of the petitioner by increasing the allowable zoning in the area and thereby increasing the development potential of the property. RCM 4-9-180E{2). Criteria for Rezones Not Requiring Comprehensive Plan Amendment: . The Reviewing Official shall make the followingfindings: c. The rezone is not materially detrimental to the public welfare of the properties of other persons located in -the vicinity thereof 10. RMC 4-9-180F(2)(c) requires the Official to determine if the proposal is materially detrimental to the public welfare of the properties of other persons located in the vicinity of the subject property. Staff argued the proposal would be materially detrimental to the public based on the potential for increased flooding and damage to critical areas in the May Creek Drainage Basin. As discussed above, Staff did not provide conclusive evidence to demonstrate the Applicant's expert testimony is false and that the recommendations of the Action Plan cannot be met. Additionally, if the property is rezoned and eventually platted, the City will have the ability to review and Rezone p. I2 Findings, Conclusions and Decision 5. Adverse Impacts. Members of the public testified they were concerned that their properties would suffer material damage from the rezone in the form of a loss of the existing peaceful and bucolic natural surroundings, potential stormwater and environmental impacts, potentially higher crime, potentially lower property values, and the potential for more traffic. Given the size of the rezone at less than 8 acres -and the surrounding development density, the proportion of increased traffic related to the rezone is relatively minor. Expert testimony suggests potential stormwater and environmental impacts -can be fully mitigated. As no specific development project is currently proposed, issues related to future development including the type of homes, income range of potential new residents, or any other information related to new development cannot be assessed at this time and there is nothing in the record to suggest that the City's permitting review processes would not be able to fully mitigate all project specific impacts. There are no material adverse impacts discernable from the record. Additionally, the SEPA DNS issued on July 18, 2011 was not appealed. The Examiner concludes, as evidenced by the DNS, there are no potential adverse impacts if the proposed rezone is granted. 6. Impacts to Critical Areas. As noted on page 4 of the Staff Report, there are no critical areas on-site. There are off-site critical areas. Expert testimony stated approximately 10 feet of the off-site critical area buffer would impact the subject site. The 2001 May Creek Basin Action Plan provides recommendations for protection of the May Creek Drainage Basin. These recommendations relate to development density and also to how stormwater management is treated. Specifically, the Basin Plan (page 3-29) states, "in areas of the basin draining to May Creek or any of its tributaries upstream of the Coal Creek Parkway bridge, existing zoning densities (including adopted pre -zoning for unincorporated areas to be annexed) should not be increased unless a qualified hydrologic analysis demonstrates that stormwater runoff peaks and volumes can be fully mitigated to pre -developed conditions," (Exhibit 4). Since the adoption of the Action Plan, stormwater regulations have changed considerably. The Action Plan was created when the 1999 King County Surface Water regulations .were in place. In 2009, King County adopted new stormwater regulations that require, amongst other things, stormwater treatment and management to pre -developed forested conditions. in expert testimony, Chad Allen stated his company had performed the hydraulic analysis contemplated in the Action Plan and determined that stormwater runoff peaks and volumes could be fully mitigated to pre - developed conditions using the Level 2 flow control criteria in the 2009 King County Surface Water Design Manual (E-khibit 6). The City's Critical Areas Ordinance ("CAO") prescribes buffers for critical areas, including streams and wetlands. As required by the Growth Management Act, the buffers and other CAO protective measures are based upon best available science to fully protect critical areas from the adverse impacts of development. Prior to adoption of the 2009 siormwater regulations, the May Creek Basin Action Plan provided compelling evidence that the CAO is in fact not adequate to protect against the impacts of stormwater runoff. For the reasons identified in the preceding paragraph, the adoption of the 2009 Rezone p. 7 Findings, Conclusions and Decision stormwater regulations negates the evidentiary value of that study. Application of the City's Critical Areas Ordinance in conjunction with the 2009 King County Surface Water regulations will provide adequate protection to both the off-site critical areas and the larger May Creek Drainage Basin. It is recognized that the precedent set by this decision could be used to question all of the City's R-1 zoning. However, it should be noted that this decision is based upon the evidence of this record. The Applicant was able to provide compelling expert testimony that the 2009 stormwater regulations were adequate to protect critical areas. There was no evidence to the contrary. Clearly, in future rezone requests if the City or other parties are able to produce evidence that lower densities are still necessary to protect critical areas, the resulting recommendation could well change. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. RMC 4-9-180D provides that the Hearing Examiner shall make recommendations on rezones that do not require a comprehensive plan amendment. The proposed rezone is consistent with the Comprehensive Plan Land Use Map and as further concluded below the project is otherwise consistent with the City of Renton Comprehensive flan. Substantive: 2. Zoning Designation. The property is currently zoned R-1 Residential. Permit Review Criteria RMC 4-9-18OF Decision Criteria for Change of Zane Classification. RMC 4-9-180F(1). Criteria for Rezones Requiring a Comprehensive Plan Amendment: The following findings shall be made: The proposed amendment meets the review criteria in RMC 4-9-020; 3. RMC 4-9-18OF requires rezone applications to conform to RMC 4-9- 020F. RMC 4-9-020F(2). All applications must meet at least one of the following criteria: a. The request supports the vision embodied in the Comprehensive Plan; or Rezone p. 8 Findings, Conclusions and Decision Ms. Timmons entered Exhibit 13 which is the City of Renton Resolution 3506 adopting the May Creek Basin Plan's recommendations and creating an interlocal agreement for its execution. Upon questioning from the Hearing Examiner, Ms. Timmons stated she was concerned about impacts to critical areas even given the new stormwater standards. She further stated the interlocal agreement is still current and needed. Ms. Timmons entered Exhibit 14, Renton Ordinance 4667 for the May Valley rezone in 1997. in reference to how the zoning designation was created, she noted the Ordinance is the regulatory mechanism setting the zoning for the area notwithstanding any discussion that led to its adoption. Ms. Timmons also entered Exhibit 15 into the record. Exhibit 15 is the staff report to the Planning Commission on an area -wide Comprehensive Plan land use review in 2005. This land use review was prompted by a Growth Management Hearing's Board decision related to minimum residential densities, the so-called "bright line". Therefore, this area was considered in the last area -wide rezone review. The Planning Commission did not choose to recommend a change from the R-1 zoning in this area to the City Council. Also upon rebuttal, Mr. Allen stated there had been a change in circumstance since the Iast area -wide zone review in the form of new stormwater standards. The 2009 standards are far superior to the 1999 standards that were in place at the time of the 2001 May Creek drainage plan. Mr. Allen stated he felt stormwater impacts could be fully mitigated under the new stormwater codes. EXDIBITS All exhibits listed in the Exhibit List on Page 2 of the staff report, dated September 13, 2011, are admitted. In the addition, the following exhibits were admitted during the hearing on this matter: Exhibit 5A -H: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Public Comment Letters A: Prellwitz B: Schwartzenberger C: Williams and Schwartzenberger D: Taylor E: Kombol F: Mackay G: Wilson H: Kombol Memorandum of Authorities in Support (5f Rezone, October 17, 2011 Application Narrative, January 18, 2011 Plat Description and Application Summary for Horne Rezone Request, Ed Home Letter from John Altman, September 13, 2011 Letter from Robert Wilson, undated Rezone p. 5 Findings, Conclusions and Decision Exhibit 11: Map showing Rezone Area and Stonegate Plat Open Space Exhibit 12: Phoenix Development v. City of Woodinville decision, June 2011 Exhibit 13: City of Renton, Washington Resolution 3506 and Renton City Council meeting minutes, May 21, 2001 Exhibit 14: City of Renton, Washington Ordinance 4667, June 2, 1997 Exhibit 15: Planning Commission rezone analysis discussion, September 7, 2005. FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Newfourth, LLC. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 1:00 P.M. at Renton City Hall in the Council Chambers on October 18, 2011. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone to change approximately 7.37 acres from R-1 Residential to R4 Residential at the intersection of 148th Ave. SE (Nile Avenue) and NE 26th St. in the City of Renton. The Comprehensive Plan designation is Residential Low Density. The R-4 zoning designation is consistent with the uses contemplated in the Comprehensive Plan's Residential Low Density use designation. The rezone area comprises 12 subject parcels with eight existing homes. The remaining four parcels are vacant. The proposed rezone area was a part of a larger 74 acre pre -zone. The May Valley pre -zone Phase I in I996 (adopted by Ordinance 4667 in 1997), pre -zoned the property Residential ldu/ac. The subject parcels were annexed into the City in May of 2009 and maintained their pre -zoned R-1 designation. 4. Characteristics of the Area. Properties surrounding the rezone area are either vacant or developed single family residences. Properties to the north and west are located within the City and are zoned R-1. Properties the south are located within unincorporated King County and are zoned R-4. However these properties are pre- zoned R-1 by the City should they annex. Properties to the east are located opposite the Urban Growth Boundary and are currently zoned RA5 with one residential unit per five acres or RA 10 with one residential unit per 10 acres in the unincorporated County. There are no critical areas on-site. There is a Class W stream (Greene Creek) and an associated Class III wetland off-site proximal to the southeast corner of the site. May Creek is Iocated to the north of the site beyond existing residential development and open space. The property is located within the May Creek Drainage Basin. Rezone p. 6 Findings, Conclusions and Decision its original bed, which alleviated flooding issues that had been caused by the alteration of its flow. Mr. Horne stated Stonegate was platted to a build -out density equivalent to R-5, with the realized density of R-2 or R-3. He noted development to the south of the rezone area is also at a build -out equivalent to R-4. There is also a nearby Urban Separator district which was designated in 2001. The Urban Separator designation does not cover the proposed rezone area. Mr. Horne stated the properties along the Nile Avenue are already developed to a build -out density equivalent to R-4, and therefore the issue of whether the rezone area makes an effective transition zone between the city and the more rural densities in unincorporated King County across Nile Avenue is moot. Finally, Mr. Horne stated the R-1 zoning was overlaid on the properties when they had already been substantially built out to an R-4 equivalent density. Chad Allen, a licensed stormwater engineer from Encompass Engineering and Surveying, testified his firm prepared the application, site plan, and a Level I Downstream Drainage Analysis (Exhibit 6). Mr. AIlen stated the developed densities surrounding the rezone area are more consistent with an R-4 zoning, than an R-1 zoning. He further stated, the Greene Creek buffer is wider than what would currently be required by the critical areas ordinance. Mr. Alien stated he felt the application was in compliance with the City's Comprehensive Plan policies. John Altman, a wetland ecologist with Altman, Oliver Associates, LLC., stated his firm had prepared a September 2011 on-site reconnaissance and had submitted letters to the file (Exhibit 9). He noted there are a Class III wetland and a Class IV stream at the southwest corner of the site. He stated there are very few critical areas on-site. He further noted the site is not separated by critical areas and is not limited by critical areas in terms of access to the property or development continuity. Mr. Altman further stated May Creek is off-site and separated by a major roadway and several houses from the proposed rezone area_ He stated there would be no impact on the creek or its buffers from the proposed rezone. In terms of Greene Creek, Mr. Altman stated the wetland buffer would intrude less than 10 feet into the proposed rezone area. Bill Kombol has an ownership interest in the proposed rezone area. He spoke in support of the application, noting the property is more closely suited to the definition of an R-4 rather than an R-1 zone. He noted the potential benefits from a large subdivision stormwater system rather than through piecemeal development. He also stated he felt the application was in compliance with Comprehensive Plan policies LU -147, LU -151, LU -146 and LU -153. Steve Beck is the manager of Newfourth, LLC. The company has an ownership interest in properties within the rezone. Mr. Beck is a real estate agent. He spoke in support of the application. He noted the potential for improved safety, stormwater detention and treatment, and sidewalks. Rezone p. 3 Findings, Conclusions and Decision Bob Wilson also spoke in support of the application. Madonna Messina owns property abutting Greene Creek. She spoke in opposition to the rezone, stating she liked the rural nature of the area. She also stated concerns regarding safety, stormwater management and environmental protection. Deborah Rogers of the Stonegate subdivision stated the Stonegate subdivision plat was originally proposed for twice as many homes as are currently there. She expressed concerns about protection of the creeks and stormwater management. Bruce Christopherson noted all but one home in the rezone area already has access to the public sewer line. He expressed concerns about fish and wildlife habitat. He stated he felt this was not an appropriate transition zone. He noted that Stonegate is built to a density of 1.38 du./ac. The Applicant had stated that Stonegate was built to a density closer to 2-3 du/ac, but the Applicant failed to account for open space requirements within the Stonegate plat. Dan Larkin stated he opposed the application because he likes the rural nature of the area and is concerned about protection of the ecosystem surrounding the creeks. Richard Wilson is an attorney with the firm Hillis, Clark, Martin and Peterson, PS. Mr. Wilson was retained by the Stonegate Homeowners Association. Mr. Wilson referenced a letter he submitted to the record (Exhibit 3G). Mr. Wilson stated he felt the application represented an illegal spot zone. He noted without the inclusion of Tract 1 in the rezone application, the effect of the rezone would be to create two islands of R-4 zoning surrounded by R-1 zoning. He stated the use was very different from existing uses and not in accordance with the Comprehensive Plan. Mr. Wilson stated the decision to put this area in the R-1 zone was not arbitrary. The Council chose to retain the pre-zonirig designation in 2009 when they annexed the property. He further stated he believed the application did not meet the public interest. Mr. Wilson quoted section 3.30 of the May Creek Basin Plan and stated he felt any up -zoning in this area would be detrimental based on the history of flooding downstream. Mr. Wilson stated the Stonegate Homeowners Association felt the existing zoning is appropriate. He further stated the Hearing Examiner must give deference to the Staff opinion, especially with respect to the Comprehensive Plan. Finally, Mr. Wilson noted there is no GMA requirement for further density in this area. In rebuttal, Ms. Timmons stated the Applicant hasn't demonstrated the rezone serves the public interest. She reiterated the Staff opinion that the rezone does not meet the goals and policies of the Comprehensive Plan. She also stated there had been no material change in circumstance since the last area -wide rezone. She again stated she felt the application created a spot zone. She also stated the rezone area does make an adequate transition zone going from east to west and lower to higher densities. Rezone p. 4 Findings, Conclusions and Decision CITY OF RENTON NOV 0 3 2011 REEly CITY CLERK S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON Emily Terrell, Bearing Examiner Pro Tem RE: Home Rezone Request FINDINGS OF FACT, CONCLUSIONS Rezone OF LAW AND RECOMMENDATION- LUA 11-023, ECF INTRODUCTION The Applicant has requested a rezone to change approximately 7.37 acres from R-1 (Residential 1 dwelling unit per acre) to R-4 (Residential 4 dwelling units per acre). The Examiner recommends approval of the rezone request. ORAL TESTIMONY Rocale Timmons, Planner for the City of Renton, described the project and presented the Staff Report. Ms. Timmons presented this application as an application for rezone without the need for Comprehensive Plan Amendment. Ms. Timmons noted the rezone requests affected 12 parcels, encompassing nearly 7.4 acres. She further noted there are eight existing homes on site which will stay. To the west of the subject property is Greene Creek. North of the subject property and beyond the Stonegate subdivision is May Creek. Ms. Timmons reported the application was submitted July 2011. A SEPA DNS was issued on July 22, 2011. There were no appeals. Ms. Timmons stated the property had been annexed into the City of Renton in 2009 from unincorporated King County. In 1997, the property was pre -zoned with an R-1 zoning designation. When the property was annexed into the City, its pre -zoning designation remained the same. Ms. Timmons reported the areas north and west of the property are zoned Residential 1, with one dwelling unit per acre. The area located to the east of the property in unincorporated King County is zoned rural RA5 and Rural R1 OA, allowing for one dwelling unit per 5 acres and one dwelling unit per 10 acres, respectively. Properties to the south of the subject are also in unincorporated King County with an R-4 zoning designation, allowing for four dwelling uniis per acre to be developed. Ms. Timmons stated the City Staff recommends a denial of the rezone request for four reasons. Ms. Timmons noted the City created the R -I zone and other low density zones to offer a diversity of housing options and also to offer a transition between the city center and rural areas in King County. Ms. Timmons stated the City Staff felt the Rezone P. 1 Findings, Conclusions and Decision Applicant had failed to demonstrate compliance with the Comprehensive Plan. The current zone was placed on this property for resource protection, and Staff felt the Applicant failed to prove the rezone would not deteriorate environmental quality in the immediate and downstream areas. Furthermore, Ms. Timmons stated the May Creek Drainage Plan recommends keeping the zone in its current very Iow density level to prevent further downstream flooding incidents. Finally, Ms. Timmons stated the rezone is inconsistent with zoning and existing developed densities. Ms. Timmons felt that any of these four were enough singly to recommend denial of the application. The Applicant was represented by Duana Kolougkova of the firm Johns, Monroe, Mitsunaga, Kolougkov'd, PLLC. Ms. Kolougkova started by referencing a Memorandum of Authorities in support of the rezone (Exhibit 6). She explained this MOA was a compilation of her legal review of the issues surrounding the application and an expert on-site analysis. She then noted that the City's SEPA DNS was not appealed. She noted that the Applicant has provided a Level I Downstream Analysis and a critical areas review of the subject site. Ms. Kolouskova stated the Applicant felt the City Staff analysis was incorrect on all counts. She noted comment from the public that there is concern this is a spot zoning. She noted the Applicant disagreed with this assessment arguing the rezone is consistent with the current built densities in the area and* is in compliance with Comprehensive Plan policies. She further stated the property's current R-1 designation is inconsistent with the physical characteristics and surrounding development of the subject site. Further, she stated the 1996 pre -zoning discussion was arbitrary and could have resulted in either an R-1 or R-4 zoning designation. She also noted it is possible to both rezone the property and meet the May Creek Basin Action Plan recommendations. The Applicant, Ed Horne, provided a PowerPoint presentation (Exhibit S). Mr. Horne has lived in the area for 27 years. He is a licensed professional engineer working in research and development at Boeing. Mr. Horne stated approximately 113 of the rezone area was already developed at the equivalent to R-4 densities. He also noted the rezone request did not include the Stonegate utilities easement which bisects the requested rezone area. Mr. Horne stated the rezone would be in the public interest by providing sidewalks, lowering crime, increasing the tax base, removing blight, providing short term jobs, increasing property values in the nearby area, and providing connections to the public sewer system. Mr. Horne also noted the new surface water regulations require treatment to better than existing conditions and, in fact, to pre -developed forested conditions. He also noted the rezone would protect critical areas. Mr. Horne stated, that May Creek is separated from the rezone area by an existing development. There is a small Class III wetland and an associated Class IV stream and the southeast corner of the proposed rezone area. The stream, Greene Creek, has a buffer set in 1997. Mr. Horne stated Greene Creek was ditched and piped prior to the development of the Stonegate subdivision in 1997. When Stonegate was constructed, the creek was moved back to Rezone p. 2 Findings, Conclusions and Decision It is intended to implement the Residential Low Density Comprehensive Plan designation. The Residential -4 Dwelling Units Per Net Acre Zone (R-4) will allow a maximum density of ' four (4) dwelling units per net acre. The R-4 designation serves as a transition Between rural designation zones and higher density residential zones. It is intended as an intermediate lower density residential zone. Larger lot subdivisions are preferred; however, "small lot clusters" are allowed on sites where open space amenities are created. Resulting development is intended to be superior in design and siting than that which would normally otherwise occur. Small lot clusters may also meet objectives such as the provision of efficient sewer services. (Ord_ 5355, 2-25-2008). As noted above, the property is not characterized by the presence of pervasive critical areas. It is also not designated as an Urban Separator. The Applicant has demonstrated through expert testimony that stormwater and environmental impacts may be fully mitigated through application of the City's existing Critical Areas Ordinance and development codes and in accordance with the 2009 King County Surface Water Design Manual. Additionally, the City will have the opportunity to provide development and environmental review for any permits for future development in the rezone area. Both the R-1 and R-4 zones are designated Low Density Residential districts in- the Comprehensive Plan. Both zones provide an effective transition between higher density residential development to the west and rural development in the unincorporated County to the east. The R-4 zone is, in fact, intended to be a transition zone. Furthermore, the rezone site is serviceable by urban utilities including natural gas, public sewer, and public water. The buffer along Greene Creek may be used to provide amenity open spaces. For these reasons, the rezone to R-4 is supported. DECISION The Hearing Examiner recommends approval of the rezone request. Dated this 1 st day of November, 2011. c Emily Terrell, City of Renton Hearing Examiner Pro Tem Rezone P. 18 Findings, Conclusions and Decision Consistency with the Zoning Classification. 23. On page 7 of the Staff Report, Staff state, "The R-1 zone is established to provide and protect suitable environments for residential development of lands characterized by pervasive critical areas were limited residential development will not compromise critical areas. It is intended to implement the RLD Comprehensive Plan designation. The zone provides for suburban estate single-family and clustered single-family residential dwellings, at a maximum density of one dwelling unit per net acre, and allows for small-scale farming associated with residential use. While the site is not directly encumbered by critical areas it is adjacent to a stream and drains into a large drainage basin that has been described as having moderate and extensive flooding which is exacerbated by increases in development. Moreover, the proposal would not be consistent with the R-4 designation in that it would be considered a spot zone and would not offer a transition between rural and higher density residential zones. Based on the analysis above the subject property is most properly zoned R-1 and a rezone to R-4 is not supported." With respect to the City's zoning code, the Applicant stated the subject properties are more appropriately zoned R-4 based on the City's zoning description and intents. The Applicant noted the zoning code statement of purpose for both the R-1 and R-4 zones. The applicable section for each zone is stated below (emphasis added). RMC 4-2-020C Residential -I DU/Acre (R -l): The Residential -1 Dwelling Unit Per Net Acre Zone (R-1) is established to provide and protect suitable environments for residential development of lands characterized by pervasive critical areas where limited residential development will not compromise critical areas. It is intended to implement the Low Density Residential Comprehensive Plan designation. The zone provides for suburban estate single family and clustered single family residential dwellings, at a maximum density of one dwelling unit per net acre, and allows for small scale farming associated with residential use. Density bonus provisions, of up to eighteen (18) dwelling units per acre, are intended to allow assisted living to develop with higher densities within the zone. It is further intended to protect critical areas, provide separation between neighboring jurisdictions through designation of urban separators as adopted by the Countywide Policies, and prohibit the development of incompatible, uses that may be detrimental to the residential or natural environment. No minimum density is required. (Ord. 5590, 2-28-2011). RMC 4-2-020D Residential -4 DU/Acre-(R-4): The Residential4 Dwelling Units Per Net Acre Zone (R4) is established to promote urban single family residential neighborhoods serviceable by urban utilities and containing amenity open spaces. Rezone p. 17 Findings, Conclusions and Decision areas are separated from one another by pervasive critical areas or occur on isolated portions of the site and access limitations exist, the location of the sensitive areas result in a noncontiguous development pattern; the area is a designated urban separator; or application of the Critical Areas Ordinance setbackslbufers andlor net density definition would create a situation where the allowable density could not be accommodated on the remaining net developable area without modifications or variances to other standards. 19. This policy does not apply to the subject property as there are no critical areas on site. Comprehensive Plan Poli LU -H.• Designate Residential 4 du/acre zoning in those portions of the ALD designation appropriate for urban levels of development by providing suitable environments for suburban and/or estate style, single-family residential dwellings. 20. The Applicant argues the subject property is a suitable environment for suburban and/or estate style single-family residential dwellings. As there are no critical areas on-site, and there is sufficient acreage to support suburban and/or estate style single-family residential dwellings, an R-4 designation in this area would meet the criteria of this Comprehensive Plan Policy. Comprehensive Plan Policy LU -157. Within the Residential 4 du/acre zoned area allow a maximum density of ,four units per net acre to encourage larger lot development and increase the supply of upper income housing consistent with the City's Housing Element. 21. The subject site is not currently zoned R4. The R-4 zoning designation already allows a maximum density of four units per net acre. There is no site plan application currently before the Examiner; therefore, there is no way to ascertain what style of housing at what income level might be constructed on any lot, with any zoning. This Comprehensive Plan Policy does not apply. Comprehensive Plan Policy FN -1: Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply, energy production, and open space. 22. On page 6 of the Staff Report, Policy EN -1 is presented as, "Prevent development on lands where development would create hazards to life, property, or environmental quality." The Staff version appears to have been superseded in 2009. Comprehensive Plan Policy EN -1 in the currently adopted Comprehensive Plan is presented above. As currently adopted, this Comprehensive Plan Policy does not apply. Rezone p. 16 Findings, Conclusions and Decision annexation process, but whether or not an alternative zoning designation may be applied to the property going forward. The intent of the policy is to provide resource protection, when appropriate. As discussed earlier, the Applicant has provided reasonable evidence that resources may be protected through the application of the City's existing critical areas ordinance and the 2009 King County Surface Water Design Manual in accordance with the recommendations of the 2001 May Creek Basin Action Plan. Comprehensive Plan Policy.LU-FF.• Manage and plan for high-quality residential growth in Renton and the Potential Annexation Area that supports transit by providing urban densities, promotes efficient land use utilization, and create stable neighborhoods incorporating built-in amenities and natural features. 14. The City of Renton has many zones and development standards that promote the implementation of this policy.. This policy is related to citywide issues and is not necessarily applicable to individual lots. As discussed above, the City is meeting its GMA requirements for population growth. No further action is required related to this Comprehensive Plan Policy. Comprehensive Plan Policy LU -147: Adopt urban density of at least four (4) dwelling units per net acre for residential uses except in areas with identified and documented sensitive areas and are areas identified as urban separators. 15. City Staff contend this area should not be rezoned to four dwelling,units per net acre because this increased development density would conflict with the recommendations of the May Creek Basin Action Plan_ The Applicant noted there are no critical areas on the subject site. The Applicant also notes the property is not included within a designated Urban Separator. The Action Plan allows for the contemplation of increased residential densities in circumstances where a qualified hydrologic analysis demonstrates that stormwater can be treated and managed to pre - developed conditions. The 2009 King County Surface Water Design Manual requires any stormwater treatment facility to treat stormwater to pre -developed, forested conditions. The Applicant's expert testimony suggests all potential stormwater and environmental impacts can be fully mitigated. The site does not contain critical areas, impacts to stormwater and critical areas can be fully mitigated, and the area is not a designated urban separator, therefore rezoning the property to allow for four dwelling units per net acre for residential uses is appropriate. This Comprehensive Plan Policy is met. Comprehensive Plan _Policy LU -148: Encourage larger lot single-family development in areas providing a transition to the Urban Growth Boundary and King County Rural Designation. The City should discourage more intensive platting patterns in these areas. 16. The Urban Growth Boundary is located along Nile Avenue on the subject property's eastern boundary. In testimony, City Staff stated the rezone area is an Rezone p. 14 Findings, Conclusions and Decision adequate transition zone going from east to west and lower to higher densities at its present zoning classification. However, both the R-1 and R4 districts are classified in the Comprehensive Plan as Residential Low Density Land Use districts. RMC 4-2- 020D states, "The R4 designation serves as a transition between rural designation zones and Higher density residential zones. It is intended as an intermediate lower density residential zone." RMC 4-2-020C states, the R-1 zone is "intended to protect critical areas, provide separation between . neighboring jurisdictions through designation of urban separators as adopted by the Countywide Policies, and prohibit the development of incompatible uses that may be detrimental to the residential or natural environment." As noted above, there are no critical areas on the subject site and it is not part of the designated Urban Separator. Therefore, the R4 zoning . designation meets the intent of the Comprehensive flan Policy by providing a transition to the Urban Growth Boundary and the King County Rural Designation. Comprehensive Plan Poli LU -HH.- Provide for a range of lifestyles and appropriate uses adjacent to and compatible with urban development in areas of the City and Potential Annexation Area constrained by extensive natural features, providing urban separators, and/or providing a transition to Rural Designations within King County. IT As noted above for Policy LU -148, the subject site is not constrained by extensive natural features and is not designated as an urban separator. It does provide an adequate transition to Rural Designations within King County. As both the R-1 and R-4 zones are designated Low Density Residential districts in the Comprehensive Plan, either zoning designation will meet the criteria of compatibility with this Comprehensive Plan Policy. Comprehensive Plan PoliLU-151: Base development density should range from one home per 10 acres to one home per acre on Residential Low Density (RLD) designated land with significant environmental constraints, including but not limited to:. steep slopes, erosion hazard [sic], floodplain, and wetlands or where the area is in a designated Urban Separator. Density should be a maximum of 4 dulnet acre on portions of the Residential Low Density land where these constraints are not extensive and urban densities are appropriate except as provided in Policy LU -134a. 18. The subject property does not contain critical areas and is not in a designated Urban Separator. It is designated as Residential Low Density land in the Comprehensive Plan. Since 2004, there has been no Comprehensive Plan Policy LU - 134a. The Policy specifically states that density should be a maximum of four dwelling units per net acre. Either the R-1 or the R-4 zone would meet the intent this Comprehensive Plan policy. Com rehensive Plan Poli LU -153: For the purposes of mapping, the prevalence of significant environmental constraints should be interpreted to mean critical areas encumber a significant percentage of the gross area, developable Rezone P. 15 Findings, Conclusions and Decision approve or deny any site plan for this property based on impacts to critical areas, stormwater, or any other development regulation within the City code. Concerns related to material damage from the rezone in the form of a loss of the existing peaceful and bucolic natural surroundings, potential stormwater and environmental impacts, potentially higher crime, potentially lower property values, and the potential for more traffic have not been substantiated. Traffic impacts will be relatively minor in proportion to existing traffic. Expert testimony suggests potential stormwater and environmental impacts can be fully mitigated. As no site plan is currently proposed, issues related to future development including the type of homes, income range of potential new residents, or any other information related to new development cannot be assessed at this time. No substantial evidence was provided to prove the rezone would provide material damage the surrounding property owners. Additionally, the SEPA DNS issued on July 18, 2011 was not appealed. Consistency with the Comprehensive Plan. 11. Several Comprehensive Plan policies are relevant to the rezone application. City Staff provided an up/down analysis of four Comprehensive Plan policies including LU -51, LU -147, LU -151, and EN -1. In each case, City Staff felt the application had failed consistency requirement with the applicable Comprehensive Plan policy. In their analysis of Comprehensive Plan consistency, Staff referred to their discussions in relation to the rezone criteria. The Applicant discussed Comprehensive Plan consistency for LU -11, LU -FF, LU -147, LU -148, LU - HH, LU -151, LU -153, LU -Il and LU -157. Each of these policies is discussed in detail below. Comprehensive Plan Policy LU -11: Minimum density requirements shall be established to ensure that land development practices resulted in average development density in each land use designation sufficient to meet adopted growth targets and create greater efficiency in the provision of urban services. U. City Staff noted in the Hearing the City of Renton is on track to meet its Buildable Lands requirements under the Growth Management Act. As no further density is required to meet GMA requirements, no action is required related to this Comprehensive Plan Policy, Comprehensive Plan Policy LU -51: Zoning should be applied areas for purposes of resource protection, when appropriate, during the annexation process. 13. City Staff stated in the Staff Report (page 6) this Comprehensive Plan objective has not been met. However, this property was annexed with an existing pre - zoning. As stated by Staff in both the Staff Report and the Hearing, the R-1 designation was applied, in part, to preserve the existing critical areas in the May Creek Drainage Basin. The pre -zoning designation was applied to the properties when annexed in May 2009. The question at issue here is not the zoning applied during the Rezone p. 13 Findings, Conclusions and Decision the bisection is a 30 foot utility easement which may not be developed in any case. Its presence does not constitute an illegal spot zone. As to whether the rezone could be characterized as arbitrary or unreasonable, the Applicant has amply demonstrated that new stormwater regulations eliminate the underlying rationale for the R-1 designation in this area, i.e. protecting critical areas from stormwater run-off. The Applicant has provided a sound policy justification for the rezone and there is nothing in the record that suggests that the rezone would create any corresponding public detriment - City Staff stated the Action Plan recommendations related to zoning densities must be enforced because the interlocal agreement adopting these recommendations is still in place and therefore must still be needed. Enforcement of the interlocal agreement is outside of the jurisdiction of the Hearing Examiner and is not relevant to the rezone criteria. RCM 4-9-180F(2). Criteria for Rezones Not Requiring Comprehensive Plan Amendment: _ The Reviewing Official shall make the following findings: b. The rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner 9. RMC 4-9-180F(2)(b) requires the Official to determine if the rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner. Both the Staff and Applicant agree granting the rezone would further the preservation and enjoyment of substantial property rights of the petitioner by increasing the allowable zoning in the area and thereby increasing the development potential of the property. RCM 4-9-18dF(2). Criteria_ for Rezones Not Requiring Comprehensive Plan Amendment: The Reviewing Official shall make the following findings: c. The rezone is not materially detrimental to the public welfare of the properties of other persons located in -the vicinity thereof 10. RMC 4-9-180F(2)(c) requires the Official to determine if the proposal is materially detrimental to the public welfare of the properties of other persons located in the vicinity of the subject property. Staff argued the proposal would be materially detrimental to the public based on the potential for increased flooding and damage to critical areas in the May Creek Drainage Basin. As discussed above, Staff did not provide conclusive evidence to demonstrate the Applicant's expert testimony is false and that the recommendations of the Action Plan cannot be met. Additionally, if the property is rezoned and eventually platted, the City will have the ability to review and Rezone p. 12 Findings, Conclusions and Decision densities. When these properties annex into the City, the majority of them will not meet the R-1 pre -zoning designation. The Stonegate development was built at an overall density of 1.38 du/ac because of the need to preserve critical areas and open space. However, the lot sizes for home sites within Stonegate average around 15,000sf per lot, a realized build -out density of approximately 3 dwelling units per acre for the portions of the plat with developed Iots. The Comprehensive Plan views both the R -i and R-4 districts as Low Density Residential. The public interest is not undermined by incompatible adjoining land use designations as asserted in the Staff Report because the zoning designations are highly similar and the realized densities are in fact more comparable with R4. An issue associated with the public interest criterion is whether the proposed rezone constitutes an illegal spot zone. The Staff Report references the judicial standard for illegal spot zoning from Narrowsview Preservation Association v. City of Tacoma, 84 Wn.2d 416 (1974), in which the court ruled: "We have recently stated that illegal spot zoning is arbitrary and unreasonable zoning action by which a smaller area is singled out of a larger area or district and specially zone for use classification totally different from and inconsistent with the classification of the surrounding land, not in accordance with the comprehensive plan. " . The proposed rezone is not arbitrary or unreasonable and it is not inconsistent with the classification of surrounding land. As to consistency of classifications, the R-4 classification is different from the surrounding R-1 classification, but its differences are consistent with the Comprehensive PIan. The Renton Comprehensive Plan defines both the R -I Residential zone and the R4 Residential zone as Residential Low Density Land Use designations. The purpose statement encompassing both zones states this designation is, "appropriate for a range of low intensity residential and employment where land is either constrained by sensitive areas or the City has the opportunity to add larger lot housing stock, at urban densities of four dwelling units per net acre, to its inventory ... Lands that either do not have significant sensitive areas, or can be adequately protected by the critical areas ordinance, are zoned Residential 4." As determined in Finding of Fact No. 6, the Critical Areas Ordinance provides adequate protection to May Creek and the off-site critical areas in conjunction with the 2409 King County Surface Water manual. Consequently, a rezone to R4 would be consistent with the Comprehensive Plan. Further, as previously discussed, the R-4 designation would not be incompatible with the surrounding R-1 classification given that the actual densities of the surrounding properties are similar to those of the proposal. Given these factors the proposed rezone cannot be considered "totally different" from the surrounding R I zones and it is certainly not incompatible. While it is true the proposed rezone would be bisected by a lower density zone, the area of Rezone P. 11 Findings, Conclusions and Decision considered during the 2005 area -wide land use review in response to the Growth Management Hearings Board decision on minimum residential densities. Development in the area immediately surrounding the subject property has materially changed since the pre -zoning was set in 1997 including the construction of the 53 - home Stonegate subdivision to the subject's west and north and the construction of Windstone, a 76 -home development located to the south of the subject property which was built out at a realized density of approximately 4 dwelling units per acre. Since the last area -wide zoning review in 2005, there have also been significant improvements to public infrastructure in the form of a sewer line and sewer lift station adjacent to the subject property as well as the provision of natural gas lines along the northern border the subject property. Also, in 2009, King County adopted a new stormwater management manual that requires stormwater to be managed to pre - developed, forested conditions. The new stormwater regulations represent a significant change to the way stormwater is managed and treated from the regulations in place at the time of the last area -wide zoning review. RCM 4-9-180F(2). Criteria for Rezones Not Requiring Comprehensive Plan Amendment- _ _ The Reviewing Official shall make the following findings: a. The rezone is in the public interest, 8. RMC 4-9-180F(2)(a) requires the Official to find the rezone is in the public interest. Page 4 of the Staff Report states, "the Applicant asserts that the proposed density would only further the existing development densities in the area, which are also in compliance with the Growth Management Act (GMA) ... while the surrounding properties might be developed with a density range comparable to the R- 4 zoning designation, this would not constitute a public interest to further expand the R-4 designation and/or development potential in the additional area," (emphasis added). The Applicant testified the rezone implements the Comprehensive Plan and serves the public interest by promoting urban densities in the Urban Growth Area in accordance with the Growth Management Act. The Applicant also demonstrated the build -out densities in the area already approach 4 dwelling units per acre. The Staff Report further stated, "The property will still be surrounded by the City's R- I zoning designation and the properties to the south would are [sic) pre -zoned R-1 should they annexed into the city. The subject parcels would also continue to be bisected by an R-1 tract_" As noted both in the above italicized text, and in the Applicant's response, build -out densities surrounding the subject property are closer to 4 du/ac than 1 du/ac in the areas immediately south of the subject properties as well as within 1,000 feet of the subject properties to the west. Though the properties to the subject's south are pre -zoned R-1, these lots are predominantly build -out at higher Rezone P. 10 Findings, Conclusions and Decision b. The request supports the adopted business plan goals established by the City Council; or c. The request eliminates conflicts with existing elements or policies; or d The request amends the Comprehensive Plan to accommodate new policy directives of the City Council. 4. RMC 4-9-020F(2) requires applications to support the vision embodied in the Comprehensive Plan, support the adopted business plan goals established by the City Council, eliminate conflicts with existing elements or policies, and/or amend the Comprehensive Plan to accommodate new policy directives of the City Council. Of these, the only applicable criterion is the support for the vision embodied in the Comprehensive Plan. RCM 4-9-180F(2). Criteria for Rezones Not Requiring Comprehensive Plan Amendment: The Reviewing Official shall make the following findings: d. The rezone meets the review criteria in subsection FI of this Section. 5. RMC 4-9-180F(2)(d) requires the rezone to meet to review criteria in subsection RMC 4-9-180F(1). RMC 4-9-180F(1)(4). Is consistent with the policies set forth in the Comprehensive Plan; 6. The analysis of specific Comprehensive Plan policies and objectives below will discuss how the application meets the Comprehensive Plan policies and vision. RCM 4-9-180F(1)(b). At least one of the following circumstances applies: i. The property subject to rezone was not specifically considered at the time of the last area land use analysis and area zoning; or ii. Since the most recent land use analysis or the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. 7. RMC 4-9-19OF(l)(b) requires one of two circumstances to apply; the first is that the property subject to the rezone was not specifically considered at the time the Iast area land -use analysis and area zoning. The second requirement is that since the most recent land use analysis for the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. The first of these criterions is not met because the subject property was Rezone P.9 Findings, Conclusions and Decision stormwater regulations negates the evidentiary value of that study. Application of the City's Critical Areas Ordinance in conjunction with the 2009 King County Surface Water regulations will provide adequate protection to both the off-site critical areas and the larger May Creek Drainage Basin. It is recognized that the precedent set by this decision could be used to question all of the City's R-1 zoning. However, it should be noted that this decision is based upon the evidence of this record. The Applicant was able to provide compelling expert testimony that the 2009 stormwater regulations were adequate to protect critical areas. There was no evidence to the contrary. Clearly, in future rezone requests if the City or other parties are able to produce evidence that lower densities are still necessary to protect critical areas, the resulting recommendation could well change. CONCLUSIONS OF LAW Procedural: 1. Authorily of Hearing Examiner. RMC 4-9-180D provides that the Hearing Examiner shall make recommendations on rezones that do not require a comprehensive plan amendment. The proposed rezone is consistent with the Comprehensive Plan Land Use Map and as further concluded below the project is otherwise consistent with the City of Renton Comprehensive Plan. Substantive: 2. Zoning Designation. The property is currently zoned R-1 Residential. Permit Review Criteria RMC 4-9-180F Decision Criteria for Change of Zone Classification. RMC 4-9-180F(1). Criteria for Rezones Requiring a Comprehensive Plan Amendment: The following findings shall be made: The proposed amendment meets the review criteria in RMC 4-9-020, 3. RMC 4-9-18OF requires rezone applications to conform to RMC 4-9- 020F. RMC 4-9-020F(2). All applications must meet at least one of the following criteria: a. The request supports the vision embodied in the Comprehensive Plan; or Rezone P. 8 Findings, Conclusions and Decision 5. Adverse Impacts. Members of the public testified they were concerned that their properties would suffer material damage from the rezone in the form of a loss of the existing peaceful and bucolic natural surroundings, potential stormwater and environmental impacts, potentially higher crime, potentially lower property values, and the potential for more traffic. Given the size of the rezone at less than 8 acres -and the surrounding development density, the proportion of increased traffic related to the rezone is relatively minor. Expert testimony suggests potential stormwater and environmental impacts can be fully mitigated. As no specific development project is currently proposed, issues related to future development including the type of homes, income range of potential new residents, or any other information related to new development cannot be assessed at this time and there is nothing in the record to suggest that the City's permitting review processes would not be able to fully mitigate all project specific impacts. There are no material adverse impacts discernable from the record. Additionally, the SEPA DNS issued on July 18, 2011 was not appealed. The Examiner concludes, as evidenced by the DNS, there are no potential adverse impacts if the proposed rezone is granted. 6. Impacts to Critical Areas. As noted on page 4 of the Staff Report, there are no critical areas on-site. There are off-site critical areas. Expert testimony stated approximately 10 feet of the off-site critical area buffer would impact the subject site. The 2001 May Creek Basin Action Plan provides recommendations for protection of the May Creek Drainage Basin. These recommendations relate to development density and also to how stormwater management is treated. Specifically, the Basin Plan (page 3--29) states, "in areas of the basin draining to May Creek or any of its tributaries upstream of the Coal Creek Parkway bridge, existing zoning densities (including adopted pre -zoning for unincorporated areas to be annexed) should not be increased unless a qualified hydrologic analysis demonstrates that stormwater runoff peaks and volumes can be fully mitigated to pre -developed conditions," (Exhibit 4). Since the adoption of the Action Plan, stormwater regulations have changed considerably. The Action PIan was created when the 1999 King County Surface Water regulations .were in place. In 2009, King County adopted new stormwater regulations that require, amongst other things, stormwater treatment and management to pre -developed forested conditions. In expert testimony, Chad Allen stated his company had performed the hydraulic analysis contemplated in the Action Plan and determined that stormwater runoff peaks and volumes could be frilly mitigated to pre - developed conditions using the Level 2 flow control criteria in the 2009 King County Surface Water Design Manual (Exhibit 6). The City's Critical Areas Ordinance ("CAO") prescribes buffers for critical areas, including streams and wetlands. As required by the Growth Management Act, the buffers and other CAO protective measures are based upon best available science to fully protect critical areas from the adverse impacts of development. Prior to adoption of the 2009 stormwater regulations, the May Creek Basin Action Plan provided compelling evidence that the CAO is in fact not adequate to protect against the impacts of stormwater runoff For the reasons identified in the preceding paragraph, the adoption of the 2009 Rezone p. 7 Findings, Conclusions and Decision Exhibit 11: Map showing Rezone Area and Stonegate Plat Open Space Exhibit 12: Phoenix Development v. City of Woodinville decision, rune 2011 Exhibit 13: City of Renton, Washington Resolution 3506 and Renton City Council meeting minutes, May 21, 2001 Exhibit 14: City of Renton, Washington Ordinance 4667, June 2, 1997 Exhibit 15: Planning Commission rezone analysis discussion, September 7, 2005. FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Newfourth, LLC. 2. Hearin;. The Hearing Examiner conducted a hearing on the application at 1:00 P.M. at Renton City Hall in the Council Chambers on October 18, 2011. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone to change approximately 7.37 acres from R-1 Residential to R-4 Residential at the intersection of 148th Ave. SE (Nile Avenue) and NE 26th St. in the City of Renton. The Comprehensive Plan designation is Residential Low Density. The R-4 zoning designation is consistent with the uses contemplated in the Comprehensive Plan's Residential Low Density use designation. The rezone area comprises 12 subject parcels with eight existing homes. The remaining four parcels are vacant. The proposed rezone area was a part of a Iarger 74 acre pre -zone. The May Valley. pre -zone Phase 1 in 1996 (adopted by Ordinance 4667 in 1997), pre -zoned the property Residential Idu/ac. The subject parcels were annexed into the City in May of 2009 and maintained their pre -zoned R-1 designation. 4. Characteristics of the Area. Properties surrounding the rezone area are either vacant or developed single family residences. Properties to the north and west are located within the City and are zoned R-1. Properties the south are located within unincorporated King County and are zoned R-4. However these properties are pre- zoned R -I by the City should they annex. Properties to the east are located opposite the Urban Growth Boundary and are currently zoned RA5 with one residential unit per five acres or RA10 with one residential unit per 10 acres in the unincorporated County. There are no critical areas on-site. There is a Class IV stream (Greene Creek) and an associated Class III wetland off-site proximal to the southeast corner of the site. May Creek is Iocated to the north of the site beyond existing residential development and open space. The property is located within the May Creek Drainage Basin. Rezone p. 6 Findings, Conclusions and Decision Ms. Timmons entered Exhibit 13 which is the City of Renton Resolution 3506 adopting the May Creek Basin Plan's recommendations and creating an interlocal agreement for its execution. Upon questioning from the Hearing Examiner, Ms. Timmons stated she was concerned about impacts to critical areas even given the new stormwater standards. She further stated the interlocal agreement is still current and needed. Ms. Timmons entered Exhibit 14, Renton Ordinance 4667 for the May Valley rezone in 199.7. In reference to how the zoning designation was created, she noted the Ordinance is the regulatory mechanism setting the zoning for the area notwithstanding any discussion that led to its adoption. Ms. Timmons also entered Exhibit 15 into the record. Exhibit 15 is the staff report to the Planning Commission on an area -wide Comprehensive Plan Iand use review in 2005. This land use review was prompted by a Growth Management Hearing's Board decision related to minimum residential densities, the so-called "bright line". Therefore, this area was considered in the last area -wide rezone review. The Planning Commission did not choose to recommend a change from the R-1 zoning in this area to the City Council. Also upon rebuttal, Mr. Allen stated there had been a change in circumstance since the last area -wide zone review in the form of new stormwater standards. The 2009 standards are far superior to the 1999 standards that were in place at the time of the 2001 May Creek drainage plan. Mr. Allen stated he felt stormwater impacts could be fully mitigated under the new stormwater codes. MW_ 1_11 MI All exhibits listed in the Exhibit List on Page 2 of the staff report, dated September 13, 2011, are admitted. In the addition, the following exhibits were admitted during the hearing on this matter: Exhibit 5A -H: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Public Comment Letters A: Prellwitz B: Schwartzenberger C: Williams and Schwartzenberger D: Taylor E: Kombol F: Mackay G: Wilson H: Kombol Memorandum of Authorities in Support of Rezone, October 17, 2011 Application Narrative, January 18, 2011 Plat Description and Application Summary for Horne Rezone Request, Ed Home Letter from John Altman, September 13, 2011 Letter from Robert Wilson, undated Rezone p. 5 Findings, Conclusions and Decision Bob Wilson also spoke in support of the application. Madonna Messina owns property abutting Greene Creek. She spoke in opposition to the rezone, stating she liked the rural nature of the area. She also stated concerns regarding safety, stormwater management and environmental protection. Deborah Rogers of the Stonegate subdivision stated the Stonegate subdivision plat wa's originally proposed for twice as many homes as are currently there. She expressed concerns about protection of the creeks and stormwater management. Bruce Christopherson noted all but one home in the rezone area already has access to the public sewer line. He expressed concerns about fish and wildlife habitat. He stated he felt this was not an appropriate transition zone. He noted that Stonegate is built to a density of 1.38 du/ac. The Applicant had stated that Stonegate was built to a density closer to 2-3 du/ac, but the Applicant failed to account for open space requirements within the Stonegate plat. Dan Larkin stated he opposed the application because he likes the rural nature of the area and is concerned about protection of the ecosystem surrounding the creeks. Richard Wilson is an attorney with the firm Hillis, Clark, Martin and Peterson, PS. Mr. Wilson was retained by the Stonegate Homeowners Association. Mr. Wilson referenced a letter he submitted to the record (Exhibit 3G). Mr. Wilson stated he felt the application represented an illegal spot zone. He noted without the inclusion of Tract I in the rezone application, the effect of the rezone would be to create two islands of R-4 zoning surrounded by R-1 zoning. He stated the use was very different from existing uses and not in accordance with the Comprehensive Plan. Mr. Wilson stated the decision to put this area in the -R-1 zone was not arbitrary. The Council chose to retain the pre -zoning designation in 2009 when they annexed the property. He further stated he believed the application. did not meet the public interest. Mr. Wilson quoted section 3.30 of the May Creek Basin Plan and stated he felt any up -zoning in this area would be detrimental based on the history of flooding downstream. Mr. Wilson stated the Stonegate Homeowners Association felt the existing zoning is appropriate. He further stated the Hearing Examiner must give deference to the Staff opinion, especially with respect to the Comprehensive Plan. Finally, Mr. Wilson noted there is no GMA requirement for further density in this area. In rebuttal, Ms. Timmons stated the Applicant hasn't demonstrated the rezone serves the public interest. She reiterated the Staff opinion that the rezone does not meet the goals and policies of the Comprehensive Plan. She also stated there had been no material change in circumstance since the last area -wide rezone. She again stated she felt the application created a spot zone. She also stated the rezone area does make an adequate transition zone going from east to west and lower to higher densities. Rezone p. 4 Findings, Conclusions and Decision its original bed, which alleviated flooding issues that had been caused by the alteration of its flow. Mr. Horne stated Stonegate was platted to a build -out density equivalent to R-5, with the realized density of R-2 or R-3. He noted development to the south of the rezone area is also at a build -out equivalent to R-4. There is also a nearby Urban Separator district which was designated in 2001. The Urban Separator designation does not cover the proposed rezone area. Mr. Horne stated the properties along the Nile Avenue are already developed to a build -out density equivalent to R-4, and therefore the issue of whether the rezone area makes an effective transition zone between the city and the more rural densities in unincorporated King County across Nile Avenue is moot. Finally, Mr. Horne stated the R -I zoning was overlaid on the properties when they had already been substantially built out to an R-4 equivalent density. Chad Allen, a licensed stormwater engineer from Encompass Engineering and Surveying, testified his firm prepared the application, site plan, and a Level 1 Downstream Drainage Analysis (Exhibit 6). Mr. Allen stated the developed densities surrounding the rezone area are more consistent with an R-4 zoning, than an R -I zoning. He further stated, the Greene Creek buffer is wider than what would currently be required by the critical areas ordinance. Mr. Allen stated he felt the application was in compliance with the City's Comprehensive Plan policies. John Altman, a wetland ecologist with Altman, Oliver Associates, LLC., stated his firm had prepared a September 2011 on-site reconnaissance and had submitted letters to the fate (Exhibit 9). He noted there are a Class IIl wetland and a Class IV stream at the southwest corner of the site. He stated there are very few critical areas on-site. He further noted the site is not separated by critical areas and is not limited by critical areas in terms of access to the property or development continuity. Mr. Altman further stated May Creek is off-site and separated by a major roadway and several houses from the proposed rezone area. He stated there would be no impact on the creek or its buffers from the proposed rezone. 1n terms of Greene Creek, Mr. Altman stated the wetland buffer would intrude less than 10 feet into the proposed rezone area. Bill Kombol has an ownership interest in the proposed rezone area. He spoke in support of the application, noting the property is more closely suited to the definition of an R-4 rather than an R-1 zone. He noted the potential benefits from a large subdivision stormwater system rather than through piecemeal development. He also stated be felt the application was in compliance with Comprehensive Plan policies LU -147, LU -151, LU -146 and LU -153. Steve Beck is the manager of Newfourth, LLC. The company has an ownership interest in properties within the rezone. Mr. Beck is a real estate agent. He spoke in support of the application. He noted the potential for improved safety, stormwater detention and treatment, and sidewalks. Rezone p. 3 Findings, Conclusions and Decision Applicant had failed to demonstrate compliance with the Comprehensive Plan. The current zone was placed on this property for resource protection, and Staff felt the Applicant failed to prove the rezone would not deteriorate environmental quality in the immediate and downstream areas. Furthermore, Ms. Timmons stated the May Creek Drainage Plan recommends keeping the zone in its current very Iow density level to prevent further downstream flooding incidents. Finally, Ms. Timmons stated the rezone is inconsistent with zoning and existing developed densities. Ms. Timmons felt that any of these four were enough singly to recommend denial of the application. The Applicant was represented by Duana Kolouskova of the firm Johns, Monroe, Mitsunaga, Kolouskova, PLLC. Ms. Kolouskova started by referencing a Memorandum of Authorities in support of the rezone (Exhibit 6). She explained this MOA was a compilation of her legal review of the issues surrounding the application and an expert on-site analysis. She then noted that the City's SEPA DNS was not appealed. She noted that the Applicant has provided a Level 1 Downstream Analysis and a critical areas review of the subject site. Ms. Kolouskova stated the Applicant felt the City Staff analysis was incorrect on all counts. She noted comment from the public that there is concern this is a spot zoning. She noted the Applicant disagreed with this assessment arguing the rezone is consistent with the current built densities in the area and' is in compliance with Comprehensive Plan policies. She further stated the property's current R-1 designation is inconsistent with the physical characteristics and surrounding development of the subject site. Further, she stated the 1996 pre -zoning discussion was arbitrary and could have resulted in either an R-1 or R-4 zoning designation. She also noted it is possible to both rezone the property and meet the May Creek Basin Action Plan recommendations. The Applicant, Ed Horne, provided a PowerPoint presentation (Exhibit S). Mr. Horne has lived in the area for 27 years. He is a licensed professional engineer working in research and development at Boeing. Mr. Horne stated approximately 113 of the rezone area was already developed at the equivalent to R-4 densities. He also noted the rezone request did not include the Stonegate utilities easement which bisects the requested rezone area Mr. Horne stated the rezone would be in the public interest by providing sidewalks, lowering crime, increasing the tax base, removing blight, providing short term jobs, increasing property values in the nearby area, and providing connections to the public sewer system. Mr. Horne also noted the new surface water regulations require treatment to better than existing conditions and, in fact, to pre -developed forested conditions. He also noted the rezone would protect critical areas. Mr. Horne stated. that May Creek is separated from the rezone area by an existing development. There is a small Class III wetland and an associated Class N stream and the southeast corner of the proposed rezone area. The stream, Greene Creek, has a buffer set in 1997. Mr. Horne stated Greene Creek was ditched and piped prior to the development of the Stonegate subdivision in 1997. When Stonegate was constructed, the creek was moved back to Rezone p. 2 Findings, Conclusions and Decision CITY OF RENTOht NOV 0 3 2011 RECEIVED CITY CLERIC'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON Emily Terrell, Hearing Examiner Pro Tem RE: Home Rezone Request FINDINGS OF FACT, CONCLUSIONS Rezone OF LAW AND RECOMMENDATION., LUA 11-023, ECF INTRODUCTION The Applicant has requested a rezone to change approximately 7.37 acres from R-1 (Residential 1 dwelling unit per acre) to R-4 (Residential 4 dwelling units per acre). The Examiner recommends approval of the rezone request. ORAL TESTIMONY Rocale Timmons, Planner for the City of Renton, described the project and presented the Staff Report. Ms. Timmons presented this application as an application for rezone without the need for Comprehensive Plan Amendment. Ms. Timmons noted the rezone requests affected 12 parcels, encompassing nearly 7.4 acres. She further noted there are eight existing homes on site which will stay. To the west of the subject property is Greene Creek. North of the subject property and beyond the Stonegate subdivision is May Creek. Ms. Timmons reported the application was submitted July 2011. A SEPA DNS was issued on July 22, 2011. There were no appeals. Ms. Timmons stated the property had been annexed into the City of Renton in 2009 from unincorporated King County. In 1997, the property was pre -zoned with an R-1 zoning designation. When the property was annexed into the City, its pre -zoning designation remained the same. Ms. Timmons reported the areas north and west of the property are zoned Residential 1, with one dwelling unit per acre. The area located to the east of the property in unincorporated King County is zoned rural RA5 and Rural RI OA, allowing for one dwelling unit per 5 acres and one dwelling unit per 10 acres, respectively. Properties to the south of the subject are also in unincorporated King County- with an R-4' zoning designation, allowing for four dwelling uniis per acre to be developed. Ms. Timmons stated the City Staff recommends a denial of the rezone request for four reasons. Ms. Timmons noted the City created the R 1 zone and other low density zones to offer a diversity of housing options and also to offer a transition between the city center and rural areas in King County. Ms. Timmons stated the City Staff felt the Rezone P. 1 Findings, Conclusions and Decision If you Have any questions regarding this :matter,."please'call,me at (425) 430-7219. Sincerely, ' Roca Timmons } '-Ass ciate Planner cc: , Newfourth LLC /Owner Ed Horne /Applicant i Parties of Record File,No: LUAll-023 ` Enclosure". Lil..�' 0t r Denis Law Mayor City Of • November 8, 2011 Department of Community and Economic Development Alex Pietsch, Administrator. Tom Redding Encompass Engineering -and Surveying 165 NE Juniper St, Ste 201 Issaquah, WA 98027 SUBJECT: H_earine Examiner Recommendation Horne Rezone, LUA11-023, ECF, R Dear Mr. Redding: This letter is to inform you that the date of decision issuance by.the City of Renton Hearing Examiner on the above -captioned project is November 1, 2011. A copy of the Hearing Examiner decision is enclosed. NOTICE of RIGHT of RECONSIDERATION "Any interested person feeling that the recommendation of the Examiner is based on an erroneous procedure,'errors of law or fact, error in judgment, or the discovery of new evidence which could not - be reasonably available at the prior hearing may" file a request/motion for reconsideration in writing on or. before 5:00 p.m., November 22, -2011. The [request/niotion-for reconsideration] shall set forth the specific errors relied upon. [RMC 4-8-100G4] Any request/motion for. reconsideration shall be addressed to the Renton Hearing Examiner and filed with the City Clerk. See RMC 4-8-10OG4 and RMC 4-8-110E8 for additional information and requirements regarding reconsideration. NOTICE of RIGHT of APPEAL. This- recommendation becomes final and conclusive as .of the fifteenth calendar day after the date of issuance of this letter unless reconsideration is timely requested. If reconsideration is timely .requested, the Examiner's order granting or denying reconsideration becomes the final and conclusive recommendation for the City. The Examiner's final recommendation is subject to the right of the applicant, City, or a party of record with standing, as provided in RMC 4-8-110F1, to file an appeal with the City Council in accordance with the procedures -of RMC 4-8-1101F. Any appeal must be filed in'writing on or before 5:00 p.m., November 22, 2011. See RMC 4-8-110E9 and RMC.4- 8-11OF for additional information and requirements regarding appeals to the City Council. Renton City Hall + 1055 South Grady Way + Renton, Washington 98057. • rentonwa.gov CIA � r Q U � d a zq4 4-1 c, a C>a o w � o .o � 4 Q PARTIES OF RECORD HORNE REZONE LUA11-023, ECF, R Dennis Rattle 600 Stewart Street ste: #1920 Seattle, WA 98101 tel: (206) 233-9600 eml: drattie@tarragon.com (party of record) Madonna Messina 2218 Lyons Avenue NE Renton, WA 98059 tel: (425) 785-1354 eml: madonna@consultcascade.com (party of record) Ed Horne 5604 NE 24th Street Renton, WA 98059 tel: (206) 571-8524 (applicant) Richard Wilson Hills Clark Martin & Peterson P,S 1221 Second Avenue ste: #500 Seattle, WA 98101 tel: (206) 470-7604 (party of record) Jay Bankson 569 Graham Avenue NE Renton, WA 98059 (party of record) Diane & Dennis Schwa rtzenberger 601 Shattuck Avenue S Renton, WA 98057 (party of record) Robert Wilson 21703 60th Street E Lake Tapps, WA 98391 (party of record) Debra Rogers 5326 NE 22nd Court Renton, WA 98059 (party of record) Bruce Christopherson 5502 NE 24th Court Renton, WA 98059 (party of record) Newfourth LLC 19244 39th Avenue S SeaTac, WA 98188 tel: (425) 444-0461 (owner) Karen Walter Watersheds & Land Use Team Leader Muckeshoot Indian Tribe Fisheries Division 39015 172nd Avenue SE Auburn; WA 98092 tel: (253) 876-3116 (party of record) Doug Prellwitz 14302 156th Avenue SE Renton, WA 98059 (party of record) Sherry Williams & Greg Schwa rtzenberg er 2706 NE 5th Court Renton, WA 98056 (party of record) Paul F. Mackay, Jr. 5625 NE 26th Street Renton, WA 98059 (party of record) Bryan & Kendra Vadney 5404 NE 24th Court Renton, WA 98059 tel: (425) 235-7239 eml: blyvadney@aol.com (party of record) Tom Redding Encompass Engineering and Surveying 165 NE Juniper Street ste; #201 Issaquah, WA 98027 (contact) Claudia Donnelly 10415 147th Avenue SE Renton, WA 98059 (party of record) Duana Kolouskova Johns Monroe Mitsunaga Kolouskova, PLLC Bellefield Office Park - Alderwood Building 1601 114th Avenue SE ste: #110 Bellevue, WA 98004 tel: (425) 467-9966 (party of record) Kolin Taylor 4735 NE 4th Street Renton, WA 98058 (party of record) William Kombol 30533 - 234th Avenue SE Black Diamond, WA 98010 (party of record) Betsy Reamy 2502 Lyons Avenue NE Renton, WA 98059 (party of record) Updated: 11/08/11 (Page 1 of 2) PARTIES OF RECORD HORNE REZONE LUA11-023, ECF, R Robin Nordberg Dan Larkin John Altmann 5502 NE 24th Court 5302 NE 22nd Court PO Box 578 Renton, WA 98059 Renton, WA 98059 Carnation, WA 98014 (party of record) (party of record) (party of record) Updated: 11/08/11 (Page 2 of 2) Encompass, �. ENGINEERING S SURVEYING LEVEL 1 DOWNSTREAM DRAINAGE REPORT for Horne Rezone January 18, 2011 aw ♦JPMs q�l+� WASy; 1 = ti� :Z 9 '. 14 16%," Encompass Engineering Job No. 10526 Prepared For Ed Horne 5604 NE 24th St. Renton, WA 98059 Western Washington Division 165 NE Juniper St., Ste 201, Issaquah, WA 98027 Phone: (425) 392-0250 Fax: (425) 391-3055 www.EncompassES.net City of Renton Planning Division APF d 8 z0i1 iiwit Eastern Washington Division 108 East 2nd Street, Cle Elum, WA 98922 Phone: (509) 674-7433 Fax: (509) 674-7419 z SCALE 1 " = 200' SITE/VICINITY MAP Location: West of 148`h Avenue SE, between NE 26'h Street and SE 102"d Street King County Tax Parcels: 032305-9233, 032305-9219, 032305-9106, 032305-9221, 032305-9322, 032305-9257, 032305-9224, 032305-9258, 032305-9193, 032305-9194, 032305-9004, and 032305- 9199 Project Overview This project involves a proposal to rezone twelve lots from R-1 to R-4. The site is located just west of 148`h Avenue SE, between NE 26`h Street and SE 102"d Street. Seven of the lots have existing single-family residences on them, and one of the lots has an existing barn. The remaining four lots are vacant—two out of this four are used for pasture. The site borders on the east side of a small creek, Greene's Creek (May Creek tributary # 288). Level 1 Downstream Drainage Analysis Scope of Analysis Study Area Definition and Maps The purpose of this study is to describe the area downstream of the site. This study extends to beyond 1 mile downstream from the site. See Downstream Map, Downstream Map Detail and SiteNicinity Map. Resource Review The following resources were used for this study (see Appendix for partial copies of studies): • King County Imap • Final Adopted MAY CREEK BASIN ACTION PLAN, April 2001, by King County staff and others • Final Draft May Creek Drainage and Restoration Plan, King County, Washington, December 19, 2008, by GeoEngineers • BASELINE STREAM CONDITIONS, MAY CREEK CHANNEL RESTORATION, CIP#9A1205, April 15, 2010 by Erick Thompson and Kerry Bauman, KCDOT • Hydraulic and Hydrologic Analysis of the May Creek Channel Restoration Project, December 15, 2010, by Jeff Burkey, KCWLRD • SEPA Checklist for May Creek Channel Restoration Project, dated 9/2/10 • Stonegate I1 Lift Station and Pipeline Project Critical Areas Report, August 2008, by ESA Adolfson Field Inspection The area downstream of the site was field inspected on January 6, 2011. The rezone is shown as two adjacent, but noncontiguous areas, with the north area labeled Rezone Area 1 on the Downstream Drainage Map Detail, and the south as Rezone Area 2. Rezone Area 1 The majority of Rezone Area 1 drains north where runoff enters a 12" storm pipe located adjacent to the NE 26th Street R/W (A). Flows in this pipe leave the site flowing northeast to a CB in 261h, then north under a recreational area, discharging into the May Creek floodplain/wetland area, about 250' downstream from the site (B). This pipe discharges and sheetflows north across heavy grass to May Creek (C) (about 500' downstream from the site) and/or infiltrates into the ground. May Creek in this area has a very flat gradient, a heavily sedimentated channel, and is very prone to flooding (the channel was full, the water was flowing slowly, and on the verge of flooding at the time of this site visit). The channel in this area is about 10' wide and is overgrown in areas. May Creek flows west, crossing under a small bridge at about 1/4 mile downstream from the site (1) (see Downstream Drainage Map). A little further along, the gradient of the stream increases, the creek flow picks up velocity, and the channel was no longer on the verge of overflowing its banks. At about 2000' feet downstream from the site, a larger arch -bridge crosses the creek at 143`d Avenue SE (J). At this point, the creek has an estimated gradient of about 1%-3% with a well-defined channel width of about 15', a flow depth of about 1.5' deep, and a rocky bottom. This channel continues west to one mile downstream from the site where it crosses a high and wide bridge at Coal Creek Parkway SE (K). In this area the channel has a steeper gradient (estimated at about 5%) with about a 20' width. Other than the near -flooded channel of May Creek in the area between (B) and (J), there were no obvious drainage issues, overtopping or excessive erosion. King County is apparently has a project scheduled to dredge this part of the May Creek channel, possible in 2011 (CIP#9A1205)--see the attached excerpts from stream conditions reports and a SEPA checklist in the Appendix for additional detail of the channel conditions/etc. Rezone Area 2 The majority of Rezone Area 2 drains northwest into Greene's Creek that is adjacent to the northwest corner of Rezone Area 1 (D). In this area, the stream has a overgrown channel with of 3' to 20' wide with a mostly gravel bottom (fairly flat gradient) and a depth of about 4' (E). This creek flows northeast about 350' where it crosses under NE 26th Street though a 5.5' X 4' arch culvert (F}—the channel is about 4' wide in this area. From the street crossing, the creek flows north though a steeper gradient, rip -rapped channel initially about 4' wide (4' deep channel and 6" deep flow), but narrowing to about 2' wide (G) (8f' high banks with larger rip rap). At about 700' downstream from the site, the channel become very shallow, fans out and is lost in the underbrush. From debris patterns, it appears that the stream infiltrates and is only defined as stream flow in very high flow scenario. From here, the flows travel either underground, or overground about 150' where it would enter May Creek --at a point about 200' downstream from where flows from Rezone Area 2 flows into May Creek. Flows continue west through May Creek as described above. There were no apparent drainage issues along this downstream drainageway. King ounty Drainage Complaints A review of the available Drainage Complaints reports from King County shows that there are no documented drainage problems along the 1 mile downstream drainage path, other than Complaint # 2010-0432 where a property owner living on May Creek wrote a series of letter to King County officials suggesting that the upcoming dredging of May Creek (CIP#9A1205) might release more water from the currently impounded flood water upstream from his house, and perhaps causing more erosion in May Creek in the area of his property. King County provided analysis that suggested that there would not be a problem created. The other drainage complaints were mostly water quality issues from past construction or other drainage issues in drainageways not part of the downstream for this rezone area. See attached King County Drainage Complaints Map and copies of drainage complaints. N Downstream Drainage Map Detail V=200' :NNI 9 A 0 z 0 e fl O'n0 p U) v d 0 D i D CL Y EL A y d W� P Ib N E E c'm F.o Grp � a r° -2 c 7 0 - u r .o m O1 c2 'u LU C 0 0 a o 1� fl 1 J 5 a E 1 2 xv CL Ln 1� O a a 0��o cm V� tom - y E CL D a° v+ 0 ° gym POc t4 D _D°3 C •� CL v c V z.v QL CL N Pin .a s m rot c�� Iry m �� N N „S 0 a En y 3 �i c 0 oZ Appendix I Excepts from Final Draft May Creek Drainage and Restoration Plan, King County, Washington, December 19, 2008 GEof NG04.0 S �� t��`j �{�Iia ji•�;I! , f Y J r j A i ' f r� FINAL DRAFT MAY CREEK DRAINAGE AND RESTORATION PLAN KING COUNTY, WASHINGTON DECEMBER19,2008 FOR KING COUNTY WATER AND LAND RESOURCES DIVISION MID-PUGET SOUND FISHERIES ENHANCEMENT GROUP File No. 10791-005-00 Final Draft May Creek Drainage and Restoration Plan King County, Washington File No. 10791006-00 December 19, 2008 Prepared for: King County Water and Land Resources Division Mid -Puget Sound Fisheries Enhancement Group 7400 Sand Point Way NE BLDG 30, RM 202 Seattle, Washington 98115 Attention: Troy Fields, Executive Director Prepared by: GeoEngineers, Inc. 8410 164"` Avenue NE Redmond, Washington 98052 (425 ) 861-6000 Joh% T. Monahan for fisheries Scientist M n Inhari Associate Fluvial Geomorphologist RED PAlO110791U05k111Min41sW"enibcr iUUy Finpl DraW07YIW500 Ntny C•mek.dkx f:op rightO 2009 by (enl:nginws, Inc, All tights Mumed PrCViCtWY NYtiC%;; The cvntcmt or thus do utwsst SIC pri4m6wy to GcvEogiam f, inc, &W Are intended sokly Pru use by our chrnts and their denten t=M1 to es« hMk GeoFn&OCfs' enpobilWO wtd nndcrswAtng of projoct requirements as grey relmo to pertbrming dw services proposed fbr n tpecilk project Copies orthis daimmt m its cunreats may out be discltrscd to wry other parties without the wi hien canwm orCoolingineen Flk No. 10791.001-00 TABLE OF CONTENTS Page No. INTRODUCTION...........................................................................................................................................1 PROJECTBACKGROUND...........................................................................................................................1 PROBLEM STATEMENT AND PROJECT OBJECTIVES............................................................................ 2 PROJECTAPPROACH................................................................................................................................ 3 TECHNICAL INFORMATION UPDATES........................................................................................... 4 ENVIRONMENTALSETTING....................................................................................................................... 5 REGIONALSETTING......................................................................................................................... 5 Geologic History and Topography.............................................................................................6 Geology..................................................................................................................................... 6 BasinHydrology ........................... ............................................................................................. 7 MAY CREEK BASIN SUBAREAS.....................................................................................................11 MAY VALLEY SUBAREA CONDITIONS..........................................................................................11 Historic Valley Condition..........................................................................................................12 Existing Valley Conditions....................................................................................................... 13 MAY VALLEY SUBAREA REACH CHARACTERISTICS.................................................................15 Reach 1. Subarea boundary (RM 3.9) to 148th Avenue SE bridge (RM 4.5) .........................16 Reach 2. 148th Avenue SE (RM 4.5) to Colasurdo/Fisher boundary line (RM 5.35) ..............18 Reach 3 Colasurdo-Fisher Fence Line (RM 5.35) to 164th Avenue SE (RM 5.93) ...............19 Reach 4. 164`h Avenue SE (RM 5.93) to Hendrix Creek Confluence Area (RM 6.35)........... 21 Reach 5. Hendrix Creek Confluence Area (RM 6.35) to SR -900 Bridge (RM 7.02) .............. 22 Reach 6. SR -900 Bridge Crossing (RM 7.02) to Upper May Valley Subarea Boundary ....... 24 RESTORATION CONCEPTS..................................................................................................................... 25 DIRECT CHANNEL MODIFICATION............................................................................................... 25 INDIRECT CHANNEL MODIFICATION............................................................................................ 25 In -stream Structures................................................................................................................26 BankStructures.......................................................................................................................27 In -Stream Nutrient and Substrate Management......................................................................27 OFF -CHANNEL MODIFICATIONS...................................................................................................27 FEASIBILITY OF RESTORATION ACTIONS.............................................................................................28 DIRECT CHANNEL MODIFICATION............................................................................................... 28 INDIRECT CHANNEL MODIFICATION............................................................................................ 29 In -stream Structures................................................................................................................29 BankStructures....................................................................................................................... 29 In -Stream Nutrient and Substrate Management...................................................................... 30 OFF -CHANNEL MODIFICATIONS................................................................................................... 30 RESTORATION ACTIONS AND PRIORITIZATION .............. ...... ............................................................. . 31 DEVELOPMENT OF RESTORATION ACTIONS............................................................................. 31 PRIORITIZATION CRITERIA AND PROCESS................................................................................ 32 File No. 10791-005-00 Page i GeoEr�sMeeas December 19, 2008 TABLE OF CONTENTS (CONTINUED) RECOMMENDATIONS.................................................................................................... PRIORITIZED CONCEPTUAL PROJECTS .................... .................................. I... Reach1........................................................................................................ Reach2........................................................................................................ Reach3........................................................................................................ Reach4........................................................................................................ Reach5........................................................................................................ Reach6........................................................................................................ OTHER ALTERNATIVE ACTIONS RECOMMENDED FOR CONSIDERATION.. Passe No. ........... 34 ......................... 34 ......................... 34 ......................... 34 ......................... 35 ......................... 35 ......................... 35 ......................... 35 ......................... 36 LIMITATIONS.......................................................................................................................................... I ... 36 REFERENCES............................................................................................................................................ 37 List of Tables Table 1. Overall Ranking and Rank Definitions........................................................................................14 Table 2. Ineffective Flow Parameter Rankings.......................................................................................... 14 List of Figures Figure 2. Flow Hydrograph for USGS Gauge Station 12119600 - From September 1964 to July 1972 ........................9 Figure 3. Flow Hydrograph for Gauge Station 37a — From March 1999 to January 2007 ............... ........................ ....10 APPENDICES Appendix A — GIS -Based Figures Figure 1 —Vicinity Map Figure 2 and 3 - In report text (see above List of Figures) Figure 4— May Creek Sub Areas Figure 5 — May Valley Habitat Features Figure 6 -- May Creek Habitat Restoration - Reach 1 Figure 7 — May Creek Habitat Restoration - Reach 2 Figure 8 — May Creek Habitat Restoration - Reach 3 Figure 9 — May Creek Habitat Restoration - Reach 4 Figure 10 — May Creek Habitat Restoration - Reach 5 Figure 11 — May Creek Habitat Restoration - Reach 6 Figure 12 — May Creek Habitat Restoration - Conceptual Projects All Figure 13 — May Creek Habitat Restoration - Conceptual Projects Reach 1 Figure 14 — May Creek Habitat Restoration - Conceptual Projects Reach 2 Figure 15 — May Creek Habitat Restoration - Conceptual Projects Reach 3 Figure 16 — May Creek Habitat Restoration - Conceptual Projects Reach 4 Figure 17 — May Creek Habitat Restoration - Conceptual Projects Reach 5 Figure 18 — May Creek Habitat Restoration - Conceptual Projects Reach 6 Appendix 3 -- Conceptual Project Descriptions Appendix C — Planning -Level Cost Estimate Details Appendix D — Report Limitations and Guidelines for Use File No. 10791-005.00 Page ii GloEmomeERs December 19, 2008 FINAL DRAFT MAY CREEK DRAINAGE AND RESTORATION PLAN KING COUNTY, WASHINGTON FOR KING COUNTY WATER AND LAND RESOURCES DIVISION AND MID-PUGET SOUND FISHERIES ENHANCEMENT GROUP INTRODUCTION GeoEngineers, Inc (GeoEngineers) was contracted by the Mid -Puget Sound Fisheries Enhancement Group (MPSFEG) to develop a Conceptual Restoration Plan (CRP) for the May Valley Subarea, located within the May Creek Basin, near Renton, Washington (Figure 1, Appendix A). King County funded the development of this CRP. GeoEngineers and OTAK of Kirkland (the project team) worked with MPSFEG to develop this plan. The May Valley Subarea consists of a relatively long, narrow low -relief floodplain bounded on three sides by upland slopes. The floodplain, which is zoned for rural/agricultural use with accompanying residential and farm related structures, has a long history of flooding and is subject to multiple episodes of flooding every year. Although a natural function of the valley is to temporarily store floodwater, it is clear that storage periods have increased considerably over the past few decades, rendering valley properties virtually inaccessible and unusable until mid -summer. The extended duration is one result of the combined effects of alterations to the stream channel, riparian vegetation, floodplain wetlands and upland drainage basins, all of which have exacerbated the frequency and duration of valley flooding. This Conceptual Restoration Plan summarizes past, current, and projected future conditions in the May Creek Basin and provides an overview of proposed actions planned in the May Creek Basin. Based on this information, a suite of 33 conceptual projects are recommended for consideration. If constructed, these projects will begin to address local flood control issues, degraded aquatic habitat, and other associated issues in the May Valley. King County, the City of Renton, the City of Newcastle, the State of Washington and the May Creek Citizens Advisory Committee invested personal time and energy identifying and prioritizing problems within the Basin and developing recommendations to resolve those problems. These efforts culminated in the production of the May Creek Basin Action Plan (Action Plan), finalized and adopted in April of 2001 (King County 2001). Recommendations provided in this CRP were guided by technical information contained in the May Creek Current and Future Conditions Report (King County 1995), and on the expertise and experience of natural resource professionals and the citizens in the May Creek basin. PROJECT BACKGROUND The May Creek drainage basin is situated on the east side of Lake Washington in King County, Washington (Figure I, Appendix A). Over the past several decades the May Creek Basin has been subject to numerous flooding issues related to urban and rural development. For example, the May Valley area is presently subject to frequent episodes of long duration flooding, the Canyon section (downstream from May Valley) is subject to increased erosion, and the entire length of the stream has experienced reduced usage by salmonids and wildlife. In order to address the many issues and problems facing the May Creek basin, King County developed the Action Plan (King County 2001). The Plan was based on several supporting studies that reflected conditions documented in 1995. File No. 10791-005-00 Page I GaoEMGtmztg5_0 December 19, 2008 We understand that earlier flood control planning efforts were attempted in the 1960s and 1970s. In the 1960s, a Flood Control Zone District drainage plan bond was proposed and failed due to issues regarding fees on new development, dredging, and fears that flood -proofing would increase development in the valley. In the 1970s, May Creek residents approved plans to deepen the May Creek channel and control runoff from new development onsite; however, the group had no authority to implement these proposals and no actions were taken. During this period valley residents urged King County to acknowledge that portions of the creek have been ditched, and thus mechanically created to convey both low flows and periodic flooding out of the valley. In 1980, King County prepared a drainage basin plan for the May Creek Basin in cooperation with the City of Newcastle Community Plan (King County 1980). Following completion of the Newcastle Plan, the County completed the "May Creek Current and Future Conditions Report," dated August 1995 and the "May Creek Basin Action Plan," dated April 2001 (King County 2001). We also understand that some landowners maintained some portions of the channel until the 1990s, after which regulations limited their ability to do so. PROBLEM STATEMENT AND PROJECT OBJECTIVES The CRP addresses Recommendation 5 in the May Creek Basin Action Plan (Action Plan, King County 2001), which focuses on reducing the duration of flood in the May Valley. Recommendation 5 states that successful projects must be allowable under current regulations and permitting requirements, and, to the extent possible, be implemented and maintained by valley residents. However, projects must also comply with King County Critical Areas Ordinance (CAO) codes, which specify that projects must be designed primarily to provide significant habitat elements (channel meanders, buffer plantings and in -channel wood). Projects meeting these requirements may include flood reduction measures such as channel clearing; however, flood reduction can not be the primary purpose of the project. Based on directives posed by the King County Action Plan and CAO, the intent of this CRP is to provide a suite of projects that 1) help reduce the duration of local flooding, 2) enhance fish habitat, and 3) can be implemented and/or maintained by local residents. The development of measures to eliminate or reduce, the frequency of significant flood events within the Valley is beyond the scope of this CRP. individual projects are intended to reduce the duration of flooding from flows ranging from the 2- to 5 -year recurrence interval storms. Based on information derived from the Basin Current and Future Conditions Report (King County 1995) and May Creek Basin Action Plan (King County 2001), observed increases in both the frequency and duration of flooding are the end result of several factors, all of which are related to increases in stonnwater runoff, valley topography/gradient, and sediment supply. In general, the increased runoff results in increased rates of hillslope sediment production and delivery to drainage channels, and increased rates of water and sediment transport through upper basin channels to the valley, where most of the sediment is deposited in the mainstem channel. Once there, the sediment tends to accumulate in low gradient portions of the mainstem channel, filling portions of the channel, obstructing flow, and thus reducing the conveyance capacity of the creek. lnfilled portions of the creek have become susceptible to the growth of invasive aquatic vegetation which capture more sediment and further restrict channel conveyance. Significant reductions in conveyance capacity have resulted in a significant reduction of in -channel flow storage, loss of aquatic habitat, more frequent flooding, and longer periods of post -flood recession and recovery. This condition has been further exacerbated by construction of bridge crossings, culverts and beaver dams, which impede all but the lowest flows. The primary objectives of the projects described in this Plan are provided below: Reduce the duration of flood events in May Valley, Increase conveyance of surface water out of May Valley, Reduce erosion and sedimentation impacts in the Valley, File Na 10791-005.00 Page 2 GroEMGmu23.� December 19, 2008 • Reduce the effects of hydraulic barriers created by culverts, bridges, and other obstructions, • Avoid impacts to downstream landowners, particularly those in the canyon section of May Creek, • Improve fish passage and habitat along May Creek and priority tributaries, and • Enhance the riparian and wetland functions along May Creek. PROJECT APPROACH Our approach to achieving the objectives described above includes three principle phases: 1) identify and evaluate the relationship (and importance) of physical in -channel and floodplain conditions and processes to local flood duration problems, 2) develop conceptual projects designed to reestablish the dynamic equilibrium of the stream and address specific factors contributing to local flood duration problems, and 3) evaluate the expected benefits of projects to reduce flood duration, to improve habitat or to address other restoration priorities identified in Recommendation 5 of the Action Plan (King County 2001). The initial phase of this project included a review of available existing documents and studies for both the May Creek Basin and May Valley. Although this CRP focuses on projects in May Valley, all available information regarding May Creek Basin conditions were reviewed to gain an understanding of basin -scale controls on valley flooding. Information specific to geologic, geomorphic, and hydraulic processes in the upper basin and valley were reviewed to provide a more complete picture of the processes that are contributing to the observed increases in flood frequency and duration periods in the Valley. This information was also used to help identify specific problem areas in the May Valley and in the design and analysis of each project. With an understanding of Basin and May Valley conditions, the team identified projects with potential for achieving two objectives: 1) improving in -channel processes and aquatic habitat, and 2) reducing flood duration periods resulting from high frequency events. All identified projects were further evaluated with respect to flood control effectiveness, implementation feasibility, permit requirements, water quality issues, landowner cooperation, cost and probability of success. Projects I through 29 described in this CRP were developed using well-established principles of ecosystem restoration, most of which are based on the premise that hydrologic, hydraulic, and geomorphic processes control stream channel form and function, as well as the development of aquatic habitat features. These projects focus on restoring key fluvial and biological processes and reconnecting habitat features within the watershed as a means of achieving, over the long term, greater flood conveyance and recovery of the ecosystem (Ehrenfeld 2000, Bates 2003). However, existing land use and infrastructure access issues within the May Valley demand more immediate solutions than can be achieved through process -based projects alone (Projects I through 29). Therefore, four projects (IFP i through IFP 4) were developed to address ineffective flow areas known to exist in the Valley. These projects focus on mechanical alteration of the channel cross section, and are intended to reduce flood duration periods and improve fish passage. It is important to understand that while these projects offer immediate benefits to flood -prone properties, the life span, (the period of effective project performance) will likely be short, given the ambient basin and reach scale conditions, unless implemented in concert with more process -based projects I through 29. The final list of feasible projects was selected and prioritized based on 1) proximity to areas with critical issues and 2) the ability of the projects to address CRP project objectives, including: flooding, fish habitat, erosion water quality, and sedimentation. The prioritization offers a sequencing of project implementation intended to incrementally improve conditions in the May Valley. File No. 10791-005-00 Page 3 GeoUGtNeeRs„�j December 19, 2008 TECHNICAL INFORMATION UPDATES The project team reviewed available information provided by the Mid -Puget Sound Fisheries Enhancement Group (MPSFEG), King County, local community resources, Washington State agencies, Federal Agencies, and GeoEngineers. Where access was granted and landowners were available, the project team conducted site visits and met with landowners through the May Valley Subarea. New information was added, as necessary, to the existing project data base compiled by King County. New information included geomorphic, hydrologic, hydraulic and biologic characterizations provided in the May Creek Current and Future Conditions Report (King County 1995) and the May Creek Basin Action Plan (King County 2001). Where new information was not available, the Conditions Report (1995) and Action Plan (King County 2001) were used as primary references, supplemented with other available data. The information reviewed and used to characterize the basin, valley, and reach conditions included: • FEMA flood maps, • Geologic, soils and topographic maps, • Current road and parcel boundary maps. • Recent aerial black/white and infrared photography • Current critical/sensitive areas maps, • August 2007 Priority Habitat and Species (PHS) maps by Washington State Department of Fish and Wildlife (WDFW), and • Light Detection and Ranging (LiDAR) data and maps. The project team created a GIS data base and developed a LiDAR based floodplain surface topography model to update geomorphic, biologic and flooding conditions described in the May Creek Basin Action Plan. The GIS data base and LiDAR provides a basis for assessing the following: • Changes in conditions since publication of the Conditions Report (King County 1995). • Cause/effect relationships controlling flooding and ecological conditions throughout the May Valley. • Identification of channel constrictions, flow obstructions, topographic lows on the floodplains, and possible wetlands and near shore features that may represent possible project sites. The adequacy of existing data and basin information presented in the Basin Action Plan and appendices was reviewed for applicability to the objectives of the CRP. The reviewed data included assumptions and input parameters used in the HSPF and HEC -2 computer analyses. The model evaluated the area between 148`h Avenue SE and 164`' Avenue SE. The models were reviewed to: • assess how storage in the wetlands, overbank, and channel were modeled, • assess how well these natural storage areas simulate the attenuation of flood flows at various locations in the May Valley reach, and • evaluate how cross sections have changed, and whether there is sufficient existing information throughout the May Valley to evaluate alternatives. All collected data were reviewed with respect to important information gaps and/or inaccuracies. The evaluation focused on assessing whether the description of May Creek conditions offered in the Current and Future Conditions Report provides an accurate reflection of current basin conditions. As a result of the evaluation, the existing HSPF and HEC -2 model analyses were modified to more accurately reflect current conditions using site-specific surveying. The HEC -2 model was converted to a HEC -RAS model, which is a more accurate model for establishing flow rates, depths, durations, velocities and the time required for floodwaters to drain from the May Valley reach. The HEC -RAS model was also used to evaluate areas of ineffective flow and their respective water surface elevations for specific high frequency recurrence interval File No. 10791-005-00 Page 4 GwEttctllt:t:R5_0 December 19. 2008 storm events. Additional survey was conducted to provide site specific topographic information for use in the HEC -RAS computer model. The models and GIS database were used to evaluate the following: • Channel sections affected by constrictions, such as pinch points caused by bridges, and flow obstructions such as beaver dams and undersized culverts. • Channel sections determined to have ineffective flow during high frequency (2 -year recurrence) events. • Potential flood -prone areas. • Factors contributing to prolonged duration of local flooding. • Potential flood reduction sites. • Potential habitat restoration sites. • Selection of sites requiring additional engineering analysis. Field reconnaissance and data verification site visits were conducted throughout the basin and at possible project sites in the Valley. The reconnaissance included investigation of wetland and riparian conditions, channel erosion and deposition and floodplain features. Field data was added to the GIS data base and the results were used to develop project concepts included in this Plan. ENVIRONMENTAL SETTING This section generally describes the geologic processes that formed the current structure of the May Creek Basin. It is these processes that established the current drainage pattern in the area and set the basic geologic and fluvial geomorphic structure within which each of the proposed projects for the Valley must function. The following background information was derived from the May Creek Current and Future Conditions Report dated August 1995 and the May Creek Basin Action Plan dated April 2001. REGIONAL SETTING The May Creek drainage basin is part of the Lake Washington Watershed. The May Creek drainage system (main stem and tributaries) encompasses a 14 -square mile (8,960 acre) area located on the east side of the Lake. Basin headwaters originate at about Elevation 1,600 feet, in the rugged foothills of Cougar and Squak Mountains. The basin is situated between the Cedar River, Coal Creek, and Issaquah Creek drainages. It serves a diverse mix of land uses ranging from planned urban communities to more sparsely settled rural residences and small farms. The Basin consists of four distinct topographic sections; from upstream to downstream these sections are 1) the steep upper foothills section, 2) the May Valley, 3) May Creek Canyon, and 4) the delta and eastern shoreline of Lake Washington. The upper foothills section is drained by several branching tributaries which join to form a single main stem channel where the steep terrain transitions to the low gradient topography of May Valley. The May Valley is situated between Elevations 550 and 660. The valley consists of a long, narrow relatively flat, floodplain oriented from southeast to northwest and bounded on the northeast and southwest by moderately inclined valley slopes. The valley slopes are drained by numerous tributaries that flow across the floodplain to join with the mainstem channel. The May Creek Canyon is a steep, narrow ravine deeply incised in the face of shoreline bluffs adjacent to Lake Washington. The Creek descends through the canyon from about elevation 550 feet mean sea level (MSL) to approximately elevation 20 feet MSL. The Delta section extends from the Pile No. 10791-005-00 Page 5 GeoENGINuRsS_9 December 19, 2008 mouth of the canyon where the creek flows across the low gradient landform of the Lake Washington shoreline and onto a small delta formed from May Creek sediment deposits Geologic History and Topography The current shape and topography of the May Creek Basin were determined primarily by large scale geologic events that took place from roughly 35 million to about I million years ago. These events included upward folding associated with tectonic uplift and mountain -building that formed the Cascade and Olympic Mountain Ranges. These same events included a west-northwest trending fold that formed Newcastle Hills, Cougar Mountain, and Squak Mountain. The May Creek basin lies on the southwest side of this fold. The topography of greater Puget Sound area and, in particular, Lake Washington, was further defined by the advance and retreat of numerous episodes of continental glaciation. Approximately 16,500 years ago advancing glacial ice flowed south into the greater Puget Sound area. As the glacial ice advanced, lowland areas were scoured to form Puget Sound, numerous adjacent lakes, and upland flat-topped plateaus. In the Lake Washington/May Creek area, the advance and retreat of the glacier resulted in the formation of an ice - scoured platform surrounded by the west and south flanks of Cougar Mountain. The scoured platform, which formed May Valley, is situated at Elevation 600 feet and drops away abruptly at the western edge to form a portion of the eastern lake bluff. During the final episodes of glacial advance and retreat, May Creek became a major meltwater drainage channel, and developed a conveyance corridor wide enough to accommodate the large volume of glacial runoff flowing into what is now Lake Washington. This ancestral stream eroded glacial deposits to a base level that forms the present-day elevation of the May Valley. The Vashon glacier continued to melt and had receded as far north as the Strait of Juan de Fuca by about 13,600 years ago. As the ice receded from more areas, drainages began to flow north out to the Strait of Juan de Fuca, lowering Puget Sound to its approximate present-day elevation. This initiated a second phase of erosion in the May Creek Basin. As water levels in Puget Sound and Lake Washington continued to lower, the mouth of May Creek eroded down to a new base elevation, exposing bedrock in the May Creek Canyon section and lower portion of the Valley. The receding glacier and meltwater erosion of the May Creek Basin created a well defined valley with steep sidewalls. The steep walls and multiple layers of glacial deposits on the valley walls were susceptible to landsliding and erosion, especially where the sandy deposits are exposed. As a result, both the valley -slopes and stream channel have been highly sensitive to erosion since the retreat of the glacial ice. With the on -set of human activity over the last 100 years, surface water runoff and stream discharge generated from within the basin has increased significantly, subsequently, increasing post -glacial erosion rates and the supply of fine sediments to the May Creek valley. Geology Three major geologic units underlie the May Creek Basin • Bedrock, comprising Cougar Mountain, Squak Mountain, Newcastle Hills and uplands in the immediate vicinity of May Valley. • Glacial -consolidated sediment deposits that form the gentle rolling plateau south of May Valley. • Unconsolidated sediments derived from the upper May Creek Basin and uplands surrounding the May Valley. File No. 10791-003-00 page 6 (slolrmGmerRS-0 December 19, 2008 The bedrock includes two formations: The Renton Formation, which consists of non-marine sandstone and claystone containing numerous coal beds, and the Tukwila Formation, consisting of andesitic volcanic sandstone, tuff, mudflow breccia and minor lava flows. Bedrock is primarily exposed at the surface in the uplands north of the valley; and at a few sites on the south and west sides of the valley. The glacial-consolidated sediments include advance outwash deposits, till and recessional outwash deposits. The advance outwash deposits were deposited in May Valley about 15,000 years ago by rivers of meltwater and in lakes that formed along the margins of the glacier as it moved to the south. The advance outwash deposits generally consist of well-bedded sand and gravel, with almost no silt or clay. These sediments are exposed along much of the May Valley sidewalls. The sediments are susceptible to water erosion, resulting in ravines and gullies. The till was deposited from the base of the glacial ice as it moved over the advance outwash deposits. The till is composed mainly of a dense, highly compacted, poorly sorted mix of clay, silt and gravel. These deposits are typically 5 to 30 feet thick within the May Creek Basin. The till has very low infiltration and relatively high runoff rates. The recessional outwash consists of moderately to well sorted sand and gravel with little silt and sand deposited by meltwater flow of the receding glacier. Recessional outwash is exposed on the upland plateau in the southern part of the basin and along the south-trending outwash channels. These deposits vary from 0 to about 33 feet in thickness, and have moderate infiltration and runoff rates. The unconsolidated sediments composed of sand, gravel, and boulders in the basin and valley are derived from post-glacial processes including gravel mining, stream erosion as May Creek began to incise through glacial and non-glacial deposits; landsliding of glacial sediments from basin walls, weathering processes, stream erosion; and alluvial fan and debris fan development. These sediments are abundant throughout the May Valley and along the inner canyon walls of tributary creeks. In the May Creek Basin, the Valley is comprised mostly of alluvial deposits (water deposited sediment) up to 500 feet thick overlying bedrock. The west end of the valley is confined by a small notch in the bedrock where the alluvium thins out to exposed bedrock where the channel drops into the high gradient May Creek Canyon. The upper most section of the canyon (RM 0.6 to 3.9) is composed of compact advance outwash and possible bedrock. The lower portions of the canyon section are composed of sand and gravel outwash and alluvium and till. The May Creek channel has incised through the outwash and till. Further up channel erosion is slowed by the more compact outwash and possible bedrock. Basin Hydrology The May Creek drainage system includes approximately 26 miles of mapped streams, two small lakes and over 400 acres of wetlands. The mainstem of May Creek flows nearly 9 miles from its headwaters to Lake Washington. Major tributaries include the North, Bast, and South Forks of May Creek, Honey Creek, Indian Meadow Creek, Long Marsh Creek and Boren Creek. Two lakes, Lake Kathleen in the southeast and Lake Boren in the northwest, are also located within the Basin. The majority of the water entering the streams and lakes originates from stormwater runoff and limited groundwater springs and seeps. The storms are typically of long-duration and low-intensity. Average annual precipitation levels range from 44 to 49 inches. Snow occasionally falls at the higher elevations, but the snowfall has no significant impact on the hydrology of the basin. However, it should be noted that over the last several years, the occurrence of several rain-on-snow events has generated high volumes of stormwater run-off. File Na 10791-005.00 Page 7 GwENGmteas-0 December 19, 2008 Increases in stormwater run-off may be occurring for a number of reasons, including: • increased impervious and semi -impervious area (bedrock, glacial till, , roof tops, pavement, and compacted soils such as lawns); • possible increase in the intensity of storm events which exceed the infiltration capacity of the soil; and , • Lack of soil storage capacity due to saturated soil conditions. Estimated changes in runoff are presented in the Conditions Report (King County 1995), and is further evaluated later in this report. Modeling results presented in the Conditions Report predicted that the change from predominately forested land cover to more commercial and agricultural land use would effectively increase the basin -wide average of effective impervious area from 0 to 7 percent. The models also estimated that, without any changes in zoning or development regulations, the total future impervious area would likely increase to 12 percent. The increase in impervious area, as well as high ground water levels, were predicted to increase peak flows and flood durations in the valley from 15 to 20 percent, as compared to predevelopment conditions post-dicted for the 2-, 25- and 100 -year events. In addition to these changes in landuse in the uplands of the basin, changes to the natural stream channels through dredge and fill activities and the removal of streamside vegetation have also changed runoff patterns, flood attenuation, nutrient assimilation, stream channel morphology and flow conveyance capabilities. GeoEngineers performed hydrologic analyses to evaluate whether run-off changes since 1990 predicted in the Conditions Report (King County 1995) have been realized as a result of development over the past 10 to 15 years. The analyses required developing two streamflow hydrographs to evaluate actual runoff before and after 1990. A streamflow hydrograph represents the changes in streamflow as measured over time. Streamflow data from two gage stations on May Creek were used for hydrographic input. Gauge station 37A is located near the mouth of May Creek downstream of Lake Washington Boulevard. The project team was able to acquire intermittent flow data from this station. The U.S. Geological Survey (USGS) maintained the station from September 1964 to July 1972, producing hourly flow data (USGS Gauge #12119600). King County maintained this station from November 1983 through April 1993, producing data at 15 -minute intervals. Flow data from gauge 37A from September 1964 to July 1972 was used to represent conditions prior to the year 1990, as modeled in the Conditions Report (King County 1995). The average daily discharge in cubic feet per second (cfs) at Gage 37A from September 1964 to July 1972 is shown below in Figure 2. Gage station 37B is located near the Coal Creek Parkway SE crossing of May Creek. This station has been maintained by King County from November 1988 to present, producing flow data on 15 minute increments. Flow data from gage 37B from March 1999 to January 2007 was used to represent conditions between 1990 and the present. The average daily discharge in cis at Gage 37B from March 1999 to January 2007 is also shown below in Figure 2 below, File No, 10791-005.00 Page 8 GEoEKeEgEiaS�i December 19, 2008 120- -Pre -Urbanization (1964-1972) —Post -Urbanization (1999-2007)1 100- 60 .- - — - - - --- - --- --- -- -- - - ---- - m 0 60 - ---- - ...- - — - — - -- - — - - --- L- - -- f5 N Q 40 20 - - _» _._ _ _- __ __. _.- ....... a 5eptamber October November December January February Mamh April May June July August Month of Year Figure 2. Average daily streamflow hydrographs for May Creek, USGS Gauge Station 12119600 depicting pre (1964-1972) and past (1999-2007) urbanization periods. To further compare average annual flows an average monthly discharge hydrograph was developed for both the pre and post -urbanized period of record. To determine if there are any significant deviations from pre - urbanized condition the 95 percent Confidence Intervals were plotted for the pre -urbanized record. The 95 percent confidence intervals show a range of values where there is a 90 percent chance that the average monthly discharge will fall within that estimated range. This allows us to see if there are any statistical differences between both periods of record. Figure 3 shows the average monthly discharge graph for both the pre and post -urbanized conditions. Flow data from the two gauges were compared to evaluate whether expected changes in flow since 3990 have been realized. To compare the data, average daily discharges were compared for each pre and post - urbanized period of record. The post -urbanized period shows a 12 percent increase in average daily discharge during the runoff months of November through March. During the low flow months from April through October the post -urbanized period of record shows a 6 percent decrease in average daily discharge. When summarized throughout the year there is only estimated to be a 2 percent increase in average daily discharge. File No. 10791-005-00 Page 9 GEoE NoiuEells December 19, 2008 Figure 3. Average daily streamflow hydrographs for May Creek, USGS Gauge Station 42119600 depicting pre (1964-1972) and post (1999-2007) urbanization periods. The average monthly discharge graph shows that the yearly hydrograph, post -urbanized condition (1999- 2007) has a steeper rising limb. The steeper limb indicates that urban runoff reaches the basin outlet faster than runoff from the forested condition (pre -urbanized), probably in response to the presence of impervious surfaces. The post -urban hydrograph appears to peak in January, approximately the same time as for pre - urbanized conditions. August and September base flow conditions show relatively low base flows, which were also indicated by the average daily discharge analysis. There appear no significant differences between average monthly flows, however, this could be a result of individual storm events being washed out by low and base flow averages. Based on these observations, the stream flow hydrographs shown in Figure 2 appears to better portray individual storm events and was therefore used in the analysis of discharge differences between pre and post -urbanized conditions. It is important to consider that each average day and average month hydrograph has been developed using only 8 years of data, which is a relatively short period of time to perform any type of hydrologic analysis, Results for such small datasets should be construed as provisional and interpretation of results should recognize the potential for error. Figure 2 demonstrates that stream flows between 1964 and 1972 were generally higher than those measured between 1999 and 2007 during low flow events and were generally lower than post -urbanized flows during the peak runoff season. The flows for the high flow events have increased approximately 12 percent. This is slightly less of an increase than predicted in the Conditions Report (King County 1995). This increase in flow can be attributed to the lack of interception caused by the removal of forested cover as well as the File No. 10791-005-00 Page 10 GEOENGtNEERS December 19, 2008 70 - - +Pre -Urbanization (1964-1972) Post -Urbanization (1999-2007) 60 so 40 m COm 30 .12a 20 10 0 Month Figure 3. Average daily streamflow hydrographs for May Creek, USGS Gauge Station 42119600 depicting pre (1964-1972) and post (1999-2007) urbanization periods. The average monthly discharge graph shows that the yearly hydrograph, post -urbanized condition (1999- 2007) has a steeper rising limb. The steeper limb indicates that urban runoff reaches the basin outlet faster than runoff from the forested condition (pre -urbanized), probably in response to the presence of impervious surfaces. The post -urban hydrograph appears to peak in January, approximately the same time as for pre - urbanized conditions. August and September base flow conditions show relatively low base flows, which were also indicated by the average daily discharge analysis. There appear no significant differences between average monthly flows, however, this could be a result of individual storm events being washed out by low and base flow averages. Based on these observations, the stream flow hydrographs shown in Figure 2 appears to better portray individual storm events and was therefore used in the analysis of discharge differences between pre and post -urbanized conditions. It is important to consider that each average day and average month hydrograph has been developed using only 8 years of data, which is a relatively short period of time to perform any type of hydrologic analysis, Results for such small datasets should be construed as provisional and interpretation of results should recognize the potential for error. Figure 2 demonstrates that stream flows between 1964 and 1972 were generally higher than those measured between 1999 and 2007 during low flow events and were generally lower than post -urbanized flows during the peak runoff season. The flows for the high flow events have increased approximately 12 percent. This is slightly less of an increase than predicted in the Conditions Report (King County 1995). This increase in flow can be attributed to the lack of interception caused by the removal of forested cover as well as the File No. 10791-005-00 Page 10 GEOENGtNEERS December 19, 2008 increase of impervious area. Conversely, the low -flow events were found to be less frequent after 1990 (1999 to 2007) as compared with events prior to 1990 (1954 to 1972). Such results are not unusual in an urbanized basin where development leads to a significant increase in the percentage of impervious surfaces. As impervious surface area increases, a greater percentage of rainfall in the basin leaves the basin as stormwater shortly after the storm event, resulting in a decrease in infiltration of precipitation and subsequently, the groundwater table. These conditions have led to a decrease in groundwater discharge to the stream during low -flow periods of the year, resulting in lower discharges during base flow events. In summary, the May Valley basin shows evidence of urbanization as indicated by changes in the peak and timing of high and low flow events throughout the year. MAY CREEK BASIN SUBAREAS In previous studies the basin was divided into four regional subareas (Figure 4) for discussion and analysis. The four subareas are the: • Lower Basin Subarea, which extends from the mouth of May Creek at Lake Washington upstream to River Mile 3.9 (RM 3.9), above the Coal Creek Parkway S.E, crossing; • May Valley Subarea, which includes the upper May Valley floodplain and adjacent lower valley areas from RM 3.9 to the hydrologic divide to the east; • Highlands Subarea, which includes the area lying north of May Valley and east of the Lower Basin, including the steep southern slopes of Cougar Mountain and the southwest portion of Squak Mountain; and • East Renton Plateau Subarea, which includes the area south of May Valley and east of the Lower Basin Subarea. Detailed descriptions for each of the sub -areas are provided in the Action Plan (King County 2001). MAY VALLEY SUBAREA CONDITIONS The May Creek basin continues to experience growth in urban and suburban development. The May Valley Subarea, however, still remains mostly rural with landuses such as livestock management and quarry mining. Although the western portion of the subarea continues to experience more residential and commercial growth, the eastern portion of the basin will likely be preserved as a rural area, based on the location of the Urban Growth Area Boundary, which bisects the basin at 148'x' Avenue SE. The following basin and valley conditions were discussed in the Action Plan (King County 2001): • The dominant hydraulic function of the May Valley is to store floodwaters. The Valley is subject to long -duration flooding, likely in response to an increase in high-flow stormwater run-off events throughout the basin. • The most extensive flooding in the basin occurs within May Valley. Development, dredging and filling in the floodplain have altered natural drainage patterns, reduced natural storage areas, and placed structures in the path of drainage. Longer duration floods are projected in concert with predicted increases in storm water runoff. • Deposition of sediment derived from natural erosion occurred even before human development began to alter natural processes within the Basin. Sediment deposition has been accelerated by development because of increased stormwater flows and changes in local land cover and increased impervious surfaces, Sediment deposition is slowly reducing the capacity of May Creek in the valley, worsening flooding and degrading fish habitat. Sediment escaping the May Valley is transported as far downstream as Lake Washington. File No. 10791-005-00 Page 11 GtoEmGmEERS December 19, 2008 Nonpoint pollution from roads, quarries, developing sites and commercial operations, animal - keeping practices and grazing in riparian areas and failing septic systems are negatively effecting water quality and aquatic habitat in May Creek. Development activities in the basin, including filling wetlands, increased stormwater runoff and peak flows, increased sediment and pollution in the water, and removal of coniferous forest cover, have historically degraded stream and wetland habitats. The following summaries of historic and existing valley conditions are provided to illustrate changes that have occurred in the May Valley Subarea. Historic Valley Condition May Valley is historically a natural floodplain and, as a result has historically experienced frequent and sometimes extensive flooding, even before humans began altering natural processes through the active use of the valley. The natural flooding events were altered with the advent of activities such as logging, coal mining, and agriculture. Prior to the onset of basin development, the May Valley floodplain was likely a predominately coniferous forested wetland that periodically filled with floodwaters as described in the Current and Future Conditions Report (King County 1995). May Valley was cleared and drained in the late 1800's to support agricultural and residential uses that persist to this day. The woodland area in May Valley today consists mainly of thin stands of deciduous trees and scrubs occurring at irregular intervals along May Creek, as compared to a more diverse mixture of deciduous and coniferous trees and shrubs that would have occupied the entire valley bottom prior to development. These and other practices led to the loss of vegetation, channelization of the streams, and further development onto the floodplains. These processes resulted in locally accelerated erosion, sediment deposition in stream channels, flooding of manmade structures, and loss of fish habitat. Through the years, flooding problems in the valley have worsened as a result of ongoing construction in the floodplain and development in upland areas, which have increased storm water runoff to the mainstem and tributary creeks and, subsequently, the May Valley. Sediment deposition in the valley has continued to reduce the conveyance capacity of the May Creek channel, in spite of past creek dredging conducted in attempts to temporarily improve conveyance and flood relief within the valley. The Conditions Report (King County 1995) suggests that, historically, the May Valley Subarea was drained by several well to poorly defined channels set in a forested wetland composed of mature western red cedar, Sitka Spruce, and western hemlock. The history of landuse in the valley from predevelopment to the 1960's is summarized in the following paragraph from the Conditions Report (King County 1995): "A 1909 USGS map of the area shows considerable stream meandering. USGS Maps of the 1920s indicate that some channel straightening had occurred. The earliest aerial photographs from 1936 show stream channelization to be almost as it is today, indicating that the channel was most likely straightened and dredged between 1910 and 1936 In the 1940's, due to extensive flooding and increased sediment loads, the County dredged the creek and deposited dredge material on surrounding properties. By the 1960's sediment had again accumulated in much of May Creek. " The Conditions Report also states that the 1992/1993 condition of the substantially since 1936 as a result of the abandonment of agricultural relatively high-quality, predominantly deciduous, forested, shrub -scrub, some locations." wetland "has actually improved lands and natural restoration of and emergent wetland habitats in File No. 10791-005-00 Page 11 GtoEmmotttR3-0 December 19, 1008 Existing Valley Conditions GeoEngineers conducted stream reconnaissance surveys during three separate site visits in August 22, 2006, February 12, 2007 and July 19, 2007. The August reconnaissance survey was conducted during a period of low flow (approximately 2 cfs). The February reconnaissance survey was completed at a moderate flow (approximately 12 cfs), soon after and immediately prior to periods of high wintertime flows and flooding (approximately 90 cfs). Evidence of extensive flooding during periods of high flow was observed. Flooding was still occurring in some areas, with flows at or just above bankfuil discharge levels. The July site visit was completed at a time of moderately -low flow (approximately 5 cfs). No areas were found to be actively flooding during the July visit. Some sections of May Creek were observed to be close to bankfull discharge levels, however, water surface elevations in some sections of May Creek were affected by in -channel obstructions (e.g. beaver dam, reed canarygrass). The purpose of the site visits were to observe and document existing physical conditions and flow patterns within the subbasin as well as sections of the creek immediately upstream and downstream of the valley. Information obtained from the site reconnaissance was later used to divide the valley into six geomorphic reaches to evaluate and describe existing conditions and to propose possible remedial projects for the reaches. Conversations with landowners, together with observations made during site visits were also used to guide the prioritization of supplemental survey work by the project team. During the July 2007 site visit, the area surrounding the 148`h Avenue SE bridge crossing was identified as a high priority for supplemental survey work. Supplemental cross-section surveys, hydrologic and hydraulic modeling were completed in 2006 and 2007. The results of the study are summarized in the memorandum to Mid -Sound Fisheries dated November 8, 2006 and in communications used to produce this report. Attempts were made to reproduce the May Creek Future Mitigated HSPF conditions documented in the Conditions Report (King County 1995). However, modeled discharge and velocity results were generally lower than those documented in the Conditions Report (King County 1995). Several potential reasons for the discrepancies between the models include the following: • Documentation of exact parameters used in the 1995 Conditions Report were generally not available, • Exact dates over which the modeling was completed for the Conditions report were not known, • Evaporation data has been modified since the modeling was completed, • Precipitation data may have been modified since the modeling was completed, • Coefficients and other parameters used in the modeling for the 1995 Conditions Report could not be verified. Eleven discrete areas in the main channel of May Creek were identified as having ineffective flow during the supplemental survey work completed between the 148"` Avenue SE and 164`h Avenue SE bridges. The supplemental survey work was used to refine model calibration and to better reflect current conditions. Based on model results, the project team identified four areas of ineffective flow: • Two areas near 1481h bridge (approximately RM 4.5), • Two bridges upstream from the 148th Avenue bridge w Cottom Stables (Jones) Bridge (approximately RM 4.6) ■ Private bridge upstream of Cottom Stables (near the Red Barn, approximately RM 4.9). Model results identifying these four locations as discrete areas of ineffective flow confirmed the findings of prior reports and observations made in the field. These areas, therefore, were deemed high priorities for flood mitigation and habitat restoration. File No, 10791-005-00 Page 13 GwEMGmrans December 19, 2008 Additional hydrologic and hydraulic modeling was completed in 2008 to reevaluate areas of ineffective flow. Throughout the May Creek corridor there are numerous stretches where water is not effectively flowing downstream. These areas create many problems for the stream and adjacent land owners. Slow moving water allows for deposition of sediment within the channel. This deposition tends to fill in the channel, promote shallow flooding, and tends to raise flood elevations. Stagnant water can also allow for more active vegetation growth within the channel, which can choke and block flow. These areas of ineffective flow also increase water temperature and promote nesting areas for mosquitoes and other unwanted insects. The HEC -RAS model for the May Creek Valley was utilized in determining specific segments of ineffective flow. This analysis was conducted for a high frequency return event, and the 2 -year flow was utilized to determine these areas. The Creek was analyzed and ranked for ineffective flow areas by combining three different ineffective flow indicators, from the HEC -RAS including: 1) model average,'channel velocity, 2) in - channel conveyance, and 3) the overall top width of the water. Each parameter was ranked from zero to five, where a zero is the best rank, and five is the worst. These three rankings were then averaged to determine an overall effective flow ranking. A low ranking meant that the section of the Creek was effectively conveying water downstream while a high ranking meant the section of Creek was not effectively conveying water downstream. Table 1 shows the overall ranking system and defines what each rank means in terms of ineffective flow areas. Table 1. Overall Ranking and Rank Definitions Rank Rank Definition 0,0-1.0 No Ineffective Flow Minor Ineffective Flow — A 1.1-2.0 -- 2.1-3.0 _ Average Ineffective Flow Moderate Ineffective Flow Extreme Ineffective Flow 3.140 4.1-5.0� The first ineffective flow indicator used in the analysis is the average channel velocity. This was used to determine areas where slow moving water was present; this condition could lead to channel deposition and excessive vegetation growth. In -channel conveyance is the second parameter used. The in -channel conveyance shows how much of the water is flowing within the defined channel; during a 2 -year event the majority of the water should be conveyed within the channel's banks. The third parameter is the overall top width of the water; this parameter indicates areas where broad shallow flooding exists due to overtopping of the banks and ineffective flow conditions exit. Table 2 below shows the three parameters and their ranking levels. Table 2. Ineffective Flow Parameter Rankings Rank Velocity (ft/sec) Channel Conveyance (%) Top Width (ft) 5 4 0-1 1-2 Y 0-20 20 40 40-80 60-75 75-90 >90 >250 150-250 3 -- 2 __- 2-2.5 - 2.5-3.5 3.5-5 ~ 100-150 50-100 1 25-50 0 >5 1 0-25 File No. 10791-005-00 Page 14 GIo±ENGmuR3-0 December 19, 2008 From this ranking system four segments were identified as having moderate to extremely ineffective flow areas under existing conditions. The next step involved modeling the proposed conditions to verify the reduction of ineffective flow following mitigation. As mitigation efforts were modeled it became apparent that some ineffective flow areas were propagating upstream. Ultimately, some of the ineffective flow areas were lengthened to create a final condition where there were no adverse impacts upstream of these mitigation areas. The final four proposed mitigation segments are the following: • Segment 1 from RM 4.281 to 4.892, • Segment 2 from RM 5.050 to 5.300, • Segment 3 from RM 5.477 to 6.533, and • Segment 4 from RM 6.945 to 7.296. MAY VALLEY SUBAREA REACH CHARACTERISTICS The function of the stream channel, floodplain, and aquatic habitat in the May Valley Subarea is governed by the large-scale features described in the regional setting and May Valley Subarea sections. Any efforts to address flooding, fish habitat or other problems in the May Valley Subarea must take these fundamental influences into account. This section of the report builds upon the large-scale framework described above by describing reach and site-specific characteristics of the May Valley Subarea. These reach and site-specific features present small-scale challenges and opportunities which any proposed restoration efforts must address to be effective. The reach descriptions described below were developed from information documented in various reports and conditions observed in the study area during site visits. Reach boundaries and reach -specific features and conditions are illustrated in Figures 6-11 (Appendix A). Previous reports divided the May Valley Subarea into four units. However, for the purposes of this project, the May Valley Subarea was delineated the into 6 geomorphic reaches to better illuminate site-specific opportunities and challenges regarding flood reduction and habitat improvement for each of the 6 reaches. The extent of each or the six reaches is below from downstream to upstream: fl&gV a Reach 1 - from the western May Valley Subarea boundary at River Mile (RM 3.9) upstream to the 148'h Avenue SE bridge (RM 4.5), -F'o�a-VVO* Reach 2 - from the 148th Avenue SE bridge (RM 4.5) upstream to the Colasurdo/Fisher property t�JJyW ArP—' fence line (RM 5.35), • Reach 3 - from the Coiasurdo/Fisher fence line (RM 5.35) upstream to the 164th Avenue SE bridge (RM 5.93), • Reach 4 - from the 164th Avenue SE bridge (RM 5.93) to the Hendrix Creek Confluence Area (RM 6.35), • Reach 5 - from the Hendrix Creek Confluence Area (RM 6.35) upstream to the Highway 9001 Renton -Issaquah Highway (RM 7.02), • Reach 6 - from the Highway 900 (RM 7.02) upstream to the east end of the May Valley Subarea boundary along the North and South Forks of May Creek. Each of the reaches in the May Valley Subarea were delineated based on their unique geomorphic characteristics and reach -specific problems, as defined in the Action Plan (King County 2001), including: wetland, stream, and fish habitat condition and use, flooding, water quality, erosion, and sediment deposition. File No. 10791-005-00 Page 15 QoEWINEERs-O December 19. 2008 Reachl Subarea boundary (RM 3.9) to 14e Avenue SE bridge (RM 4.5) Mainstem Reach Description and Conditions Reach I is approximately 0.6 miles long, beginning at the May Valley Subarea boundary located at RM 3.9 and ending at the 148"h Avenue SE at RM 4.5 (Figure 6, Appendix A). This reach is transitional between the high -gradient canyon section of May Creek, downstream from Coal Creek Parkway, and the low - gradient main portion of May Valley upstream of 148'h Avenue SE. The reach is a migratory corridor for anadromous salmonid species and provides some spawning and rearing habitat. Aquatic and riparian habitat in this reach has been impaired by erosion, channel incision, habitat simplification, and loss of large woody debris. ,;� ; ��„ • ter• �. May Creek in Reach 1 includes an incised channel such as this adjacent the Duffus property near RM 4.0. This section of May Creek has a mean annual flow of approximately 13.6 cfs (Conditions Report, King County 1995). In general, most flood events in Reach 1, including the 100 -year flow event, are contained within the stream channel (Conditions Report, King County 1995). Channel conditions include the following: From RM 3.9 upstream to a point just above the 143"1 Avenue SE bridge, the May Creek channel is confined. The channel has a moderate gradient with instream and riparian habitat that has been degraded by erosion and headcutting. • From 143`d Avenue SE bridge (RM 4.1) and 146'h Avenue SE bridge (RM 4.3) the streambed gradient decreases and the stream has greater access to the floodplain. There are no known significant flooding or erosion problems in this part of the reach, but aquatic habitat has been assessed as degraded in the Conditions Report (King County 1995) and Action Plan (King County 2001). o From the 146'h Avenue SE bridge upstream to the 148'x' Avenue SE bridge crossing, May Creek transitions into a low -gradient stream with an undersized channel and wide floodplain. The undersized channel frequently floods into a wetland described in the Action Plan (King County 200 1) as degraded. o An ineffective flow segment exists from RM 4.3 to RM 4.9. The Conditions Report (King County 1995) indicated that HEC -2 model results showed the bridges across May Creek at the Coal Creek Parkway, the 143" Avenue SE, and the 146'h Avenue SE roads as having sufficient elevation (capacity) to accommodate 100 -year floodwaters of both current (King County 1995) and future conditions. HEC -RAS modeling conducted by OTAK in 2006 and 2007 confirms those findings. File No. 10791-005-00 Page 16 GEOEt4rixzER5_O December 19, 2008 Tributaries and Conditions Two tributaries flow into May Creek within Reach 1. An unnamed tributary (# 0287D) flows into May Creek from the north (right) bank at RM 4.4, approximately 700 feet downstream from the 148`' Avenue SE bridge crossing. This tributary is approximately 0.4 miles long and contains fish passage barriers located at RM 0.08 (culvert) and 0.1 l (pond spillway) respectively. The tributary tends to incise and scour vertically through sandy gravel alluvium overlying compact till or bedrock. The May Creek channel was observed to be unobstructed by silt or vegetation at the point of confluence with tributary # 287D, and appears capable of accommodating tributary inflow. There was some erosion in tributary # 287D, as the confluence area was largely devoid of vegetation due to clearing and use as animal pasture. An unnamed tributary (# 287D) flows into May Greek from the right (north) bank near RM 4.4. The second tributary, Greene's Creek (tributary # 288), enters May Creek from the south (left bank) near RM 4.5, just downstream from the 148'h Avenue SE bridge crossing May Creek. This tributary has a mean annual flow of approximately 1.5 cfs and is expected to receive ever increasing flows due to development (Conditions Report 1995). It is currently eroding through compact silty glacial outwash near the confluence. The channel functions primarily as a stormwater drainage ditch, conveying water from recently built residential developments to the mainstem Creek. High stormwater flows are detained in a stormwater pond of approximately 1 acre in area, located near the confluence with May Creek. Reed canarygrass Phalaris arundinacea), willow (Salix -spm.), and other riparian vegetation grow densely near the confluence of Greene's Creek and May Creek, obscuring the confluence area. If planted and allowed to mature, riparian vegetation coupled with the placement of large woody debris may stabilize the channel, but increased flows are anticipated to continue to carry sediment (sand/silt) to May Creek. Fish Distribution and Habitat Use This reach has the highest anadromous salmonid species use of all the May Creek reaches in the Valley. The upstream limit of distribution for such species as sockeye (OncorhYnchus nerka), steelhead (O. mvkiss) and Chinook salmon (O. tsha-_wytscha) is either within or below this reach (RM 4.5). The reach is primarily a migratory corridor for coho salmon and cutthroat trout. These species are able to move upstream to spawn and rear in reaches of May Creek and tributaries, as described later in this document. The aquatic, riparian and wetland habitat in Reach I has been degraded as a result of landuse management include historic logging and mining activities, and more recent animal pasture activities. File No. 10791-003-00 Page 17 GtaEwGtmzFftSL0 December 19, 2008 ww Af JO LU lei U.1 r .F e � ( ;r (13 a t 8 ;� d gLom Lo S IV ui man■ it rwi i�w avv na �� r o�Fwr, w Pvw w uiµpawl� CWIBJOI%Oa d MAMA X10 a, U 12 W ZI cn ai us Z u! v 0 j a) Z j 7 W T (n Y (A O tiJ ww Af JO LU lei U.1 r .F e � ( ;r (13 a t 8 ;� d gLom Lo S IV ui man■ it rwi i�w avv na �� r o�Fwr, w Pvw w uiµpawl� CWIBJOI%Oa d MAMA X10 uj c 2 �1w tl O 1+.y u r C LL = N U m c V = U N a W U L q s m Q D tY T6T, y I� E y z L^ E - n 2 O iQ G i a rn Q a 4 3 L m m" ai E 0 am�ae�ee� W sv N 4 F U U U LU C W W 14 N U U W OOVi 0 z LL iV p r% LU t0 W to a = w Z _v W w o liJ U N � � Appendix II SEPA Checklist for May Creek Channel Restoration Project, 912110 L9 King County Environmental Checklist May Creek Channel Restoration Project Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project pians without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. I f you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional infonnation reasonably related to determining if there may be significant adverse impact. Use of Checklist for Nonproject Proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SKET FOR NONPROJECT ACTIONS (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project A. BACKGROUND 1. Name of proposed project, if applicable: May Creek Drainage Improvement Project (9A 1205) 2. Name of applicant.• King County Department of Natural Resources and Parks Water and Land Resources Division 3. Address and phone number of applicant and contact person: 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 Contact: Doug Chin, Project Manager Phone: (206) 296-8315 Fax: (206) 296-0192 Email: Doug.Chin@kingcounty.gov kingcounty.gov 9. Date checklist prepared: August 2010 5. Agency requesting checklist: King County Department of Natural Resources and Parks Water and Land Resources Division 6. Proposed timing or schedule (including phasing, if applicable): The activities described in this checklist are estimated to be completed in the summer of 2011, except for the planting which will be completed during the dormant season (approximately November 2011 to February 2012). The exact project schedule is dependent on when the necessary permits and property owner agreements are obtained. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If ye.s, explain. Yes. The May Creek Basin Action Plan (King County 2001) and the May Creek Drainage and Restoration Plan (GeoEngineers Inc. 2008) make a series of recommendations to reduce flooding and improve habitat in May Valley. These include the removal of channel obstructions such as beaver dams, accumulated sediment, and vegetation choking the channel. This project addresses a subset of 2 KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project the drainage improvements and restoration recommendations in these plans; additional recommended actions may be proposed as future projects. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The following documentation has already been prepared and is directly related to this proposal: • May Creek Current and Future Conditions Report (King County and City of Renton 1995) • May Creek Basin Action Plan (King County 2001) • May Creek Drainage and Restoration Plan (GeoEngineers Inc. 2008) • May Creek Erosion Stabilization Draft Report — May Creek Sediment Transport Study Phase 3 (Anchor QEA LLC 2010) • May Creek Weiland Delineation Report (King County 2010) • May Creek Baseline Stream Conditions (King County 2010) • May Creek Hydraulic Study (King County 2010) The following documentation has not yet been finalized for this project: • May Creek Stream and Wetland Mitigation Plan • May Creek Detailed Stream Habitat Survey • Effects Determination for Section 7 of the Endangered Species Act 9. Do you know whether applications are pending far governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are known to be pending. 10. List any government approvals or permits that will be needed for your proposal, if known. The Following permits will likely be required for this project. The exact list of required permits will be determined based on feedback received from the regulatory agencies. • U.S. Army Corps of Engineers Section 404 Individual Permit o Compliance with Section 7 of the Endangered Species Act o Compliance with Section 106 of National Historical Preservation Act • Washington Department of Ecology 401 Water Quality Certification • Washington Department of Ecology National Pollutant Discharge Elimination System Permit • Washington Department of Fish and Wildlife Hydraulic Project Approval • King County DDES Clearing and Grading Permit • King County DDES Critical Area Alteration Exception • City of Renton Grade and Fill Permit • City of Renton Critical Areas Variance KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project 11. Give brief, complete description ofyour proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. King County's Water and Land Resources Division proposes to improve in -stream flow conditions along segments of May Creek in May Valley between approximately River Mile 4.3 and 4.9. Sediment accumulation and in -stream vegetation (e.g., reed canarygrass and willows) throughout the valley reach of May Creek have been gradually decreasing channel flow capacity, causing a backwater effect. This is increasing the duration of flooding in actively used pastures on adjacent rural residential properties with flood conditions now persisting well into the summer months. The goal of this project is to reduce the duration of flooding on these properties at both the start and end of the rainy season by removing in -stream channel obstructions. This effort should help alleviate the duration of localized flooding on adjacent properties during low to moderate storm events and should allow the pastures to drain more effectively when flooding does occur. Due to the high groundwater table in the May Valley and, because there will be no measureable difference in the geographical extent of flooding, it is not likely that this project will change the amount of wet pasture or wetland in the project vicinity. King County implemented a similar pilot project along 300 linear feet of May Creek in 2002 and, as a result, less overbank flooding now occurs during small storm events along this reach. This project proposal consists of three components: vegetation removal, sediment removal, and stream/wetland mitigation. The vegetation and sediment removal will negatively impact existing in - stream fish habitat, so mitigation has been proposed to offset these impacts. The mitigation is also designed to improve the longevity of the project by decreasing the opportunity for channel obstructions to form in the future. The project components are described below. Vegetation Removal: The first component of the project includes removal of flow obstructing in - stream vegetation and debris from specific reaches where it is choking the channel and creating a backwater effect, causing flooding on adjacent properties during small storm events. Invasive reed canarygrass is the dominant vegetation that will be removed from the channel and banks. In addition, willows, located in multiple locations throughout the project area, are currently growing in the middle of the channel, further contributing to the backwater effect. A portion of the willows that are identified as obstructing flow will also be removed. The willows will be primarily removed by hand, but some small, hand-held, mechanized machinery may be used to assist. The reed canarygrass that is growing in the channel will be removed with machinery, most likely a trackhoe, operated from the stream bank. Prior to removal of the reed canarygrass, the stream will be diverted around the construction site and erosion and sediment control best management practices will be used during construction to minimize temporary downstream water quality impacts. Sediment Removal: Sediment will be removed from the stream channel using machinery, most likely a trackhoe, operated from the stream bank. The stream will be diverted around the construction site and erosion and sediment control best management practices will be used during construction to minimize temporary downstream water quality impacts. Construction techniques, such as utilizing existing access roads or using temporary steel plates (or equivalent) where additional access is needed, will be used to minimize temporary impacts to adjacent wetlands. 4 KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project Stream/Wetland Mitigation: The final component of the project includes providing mitigation to avoid, minimize, and compensate for in -stream and wetland habitat impacts as well as implementing measures that will increase the longevity of the project. The following mitigation will be implemented: • During construction, the stream flow will be diverted around the work area, and in -water work will only be conducted during the summer low flow when fish are less likely to be present. A King County biologist will be onsite during construction to monitor water quality. • Construction techniques, such as utilizing existing access roads or using temporary steel plates (or equivalent), where additional access is needed, will minimize disturbance to existing vegetation. In addition, direct access to the stream channel by equipment will only be allowed in specific areas where vegetation disturbance can be minimized. A buffer of native vegetation (primarily wetland vegetation) will be restored for approximately 15 feet on each side of May Creek from 148th Avenue SE upstream to the eastern end of the project limits for a total of approximately 1.3 acres. This buffer is intended to shade out future reed canarygrass and to compensate for the cover that will be lost by removing flow obstructing willows and reed canarygrass. The native vegetation will be planted in areas where, under existing conditions, virtually no native vegetated buffer exists. In most of the project area, the regulatory stream buffer is contained within the delineated wetland boundary, which means that stream buffer enhancement could also be considered wetland enhancement. Fencing will be installed around the planting areas to minimize livestock access to the newly planted areas and to the stream. Wetland enhancement will be performed by removing invasive vegetation within the wetland (mostly reed canarygrass) and replanting approximately 3.75 acres of native wetland vegetation in the open space tract on the west side of 148th Avenue SE. Off -channel alcoves will also be excavated along May Creek within the wetland in this location and large woody debris will be added in the alcoves to partially compensate for the loss of in -stream habitat complexity that will occur as a result of removing flow obstructing vegetation. Additional in -stream habitat restoration may occur at the confluence of long Marsh Creek and May Creek. If implemented, this mitigation will restore fish habitat complexity at the confluence of these two streams. It will also restore the alluvial fan functions by removing the stream from the agricultural ditch and relocating it into a more natural channel, allowing sediment to drop out in Long Marsh Creek prior to reaching May Creek. If King County is unable to reach an agreement with the property owner to perform this mitigation, then similar mitigation will be proposed at another location either in the immediate project area or offsite. KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site (s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project is located in May Valley near the cities of Renton and Newcastle (Sections 2 and 3, Township 23N, Range 5E) on the south side of SE May Valley Road. The project area includes the reach of May Creek between approximately River Mile 4.3 (about 0.25 miles downstream of 148th Avenue SE in Renton) and River Mile 4.9. Please see the attached vicinity map. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): flat rolling, hilly, steep slopes, mountainous, other. All of the proposed work will be completed within the May Valley, which is a fiat, broad valley with little variation in elevation. The channel through this area has a very low gradient (0.2 percent slope), and as a result is prone to sediment accumulation. b. What is the steepest slope on the site (approximate percent slope)? The valley is flat with little variation across the floodplain. On both sides of the valley, the elevations rise quickly, with slopes ranging from 6 to 30 percent. c. What general types ofsoils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The U.S. Department of Agriculture National Resources Conservation Service Web Soil Survey (2009) for King County identifies Bellingham silt loam as the primary soil on the valley floor. At the higher elevations, adjacent to the valley, Ragnar-Indianola association and Alderwood gravelly sandy loam are identified. Soil investigations during the wetland survey also found areas with a high concentration of clay. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There is no evidence of surface instability near the subject property. R1 KING COUNTY ENVIRONMENTAL CHECKLIST May Creels Drainage Improvement Project e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source offill. The purpose of this project is to remove channel obstructions from May Creek, including accumulated sediment and flow obstructing vegetation. Approximately 4,000 cubic yards of sediment will be excavated from May Creek. The removed sediment will either be disposed of appropriately offsite, or will be spread in an approved area adjacent to the project site in coordination with the property owner and as allowed by regulations and permits. As mitigation, the project proposes to restore approximately five acres of native vegetation (primarily wetland vegetation adjacent to the stream) through out the project area. This restoration will include shading out rced canarygrass using a sheet mulch treatment, such as cardboard or weed fabric, and replanting with native vegetation. In addition, approximately 76 pieces of large woody debris will be placed throughout the mitigation areas, and approximately 32 cubic yards of streambed gravel will be placed in off -channel alcoves west of 148th Avenue NE. Streambed gravel will also be placed at the potentially restored confluence of Long Marsh Creek and May Creek, but the exact quantity at this location has not been determined yet. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. During sediment and in -stream vegetation removal, it is anticipated that some amount of sediment will likely be released into the stream. The sediment release will likely occur after in -channel construction work is complete and the diverted stream flow is reintroduced into freshly exposed stream bed and banks. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? The project area currently does not contain any impervious surface, and the project will not add any impervious surface. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During construction, erosion will be minimized by implementing appropriate sediment and erosion control best management practices. Measures will include a plan to divert How from the stream reaches where the sediment and in -stream vegetation will be removed. Diverting the stream around the work area will minimize downstream water quality impacts. The plan will also limit all in -stream work to the summer low flow periods. In areas where invasive vegetation is removed from streams banks and replanted with native vegetation, best management practices will be implemented (e.g., 7 KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project 2. Air silt fence, coir logs, etc.) to protect the stream during vegetation removal and installation. In the long-term, restoring a buffer of native vegetation will minimize erosion by providing long-term bank stabilization, while maintaining channel flow capacity. In addition, to determine whether there would be a significant erosion impact downstream as a result of the proposed project, King County assessed the pre -project versus post - project percentage of time (over a 60 -year period) that erosive flows would cause gravels to erode in the stream channel. The analysis found that, within the accuracy of the model being used, the percentage of time erosive flows occur is virtually unchanged for pre- versus post -project conditions. a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, greenhouse gases, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction of the proposed project may generate some dust during the transport of soil and sediment; however, because the material being transported will be originating from the stream channel and wetland, it will likely be moist, and therefore will have less potential to generate dust. The proposed project, once construction is complete, will emit no gasses with the potential to negatively affect climate change. Construction of the proposed project will use various vehicles and pieces of equipment that emit gasses with the potential to affect climate. These gasses include carbon dioxide (CO2), methane and nitrous oxide, as well as others in much smaller amounts. The global warming potential (GWP) of these compounds is measured in "carbon dioxide equivalents," or CO2e, which converts the GWP of various gasses into their equivalent in CO2. The amount of CO2e that may be emitted as a result of constructing the proposed project has been estimated by computing the amount of fuel to be consumed by equipment used to construct the project, both during construction and in transit from King County's Roads Maintenance Headquarters Shops in Renton, where crews and equipment may originate. The actual origin of equipment will not be known until after a contractor is selected. Fuel consumed is then converted into CO2e emitted using formulae developed by the Energy Information Administration (EIA) of the U.S. Department of Energy. Using these formulae and estimates, construction of the proposed project will likely result in the discharge of approximately 12 tons of CO2e to the atmosphere. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. KING COUNTY ENVIRONMENTAL CHECKLIST May Creels Drainage Improvement Project No. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Greenhouse gas emissions will be controlled during construction by enforcing the King County Vehicle Anti -Idling Policy. In addition, while not specifically proposed as mitigation for greenhouse gas emissions, the emissions will be offset by planting trees and shrubs that are an essential component of the proposed project. Trees and shrubs sequester CO2 during their growth and thus help to offset emissions of CO2 to the atmosphere. The FIA has also developed formulae for estimating the rate of carbon sequestration by various types of trees (deciduous or coniferous, fast-, medium-, or stow -growing) at various life stages and these formulae have been used to estimate the carbon sequestration potential of the proposed project. Approximately 680 trees will be planted during the planting season following construction of the proposed project. At rates calculated using the above method, these plantings should sequester the 12 tons of CO2e emitted during construction of the proposed project in approximately 6.5 years. These calculations are attached to the checklist. In addition, construction will be performed in accordance with the regulations of the Puget Sound Clean Air Agency, and Best Management Practices for controlling fugitive dust will be utilized as necessary, and may include covering loads during transport and moistening material before transport. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes. The proposed project is within or immediately adjacent to May Creek, three small tributaries (Indian Meadow Creek, Long Marsh Creek, Greenes Creek), and one wetland (May Creek #5 in the King County Wetland Inventory). May Creek and its tributaries are Type F Waters (containing fish or fish habitat) requiring 165 foot buffers under the King County Critical Area Code, and ultimately flow into Lake Washington. Under City of Renton Critical Area Code these streams are considered Class 2 streams (salmonid bearing) and require a 100 foot buffer. 7 KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project The May Creek #5 wetland is a large (over 140 acres) riverine wetland that occupies much of the valley floor. Under the King County Critical Area Code this is a Category 11 wetland with a regulatory buffer of 110 feet. Under the City of Renton Critical Area Code this is a Category 1 wetland with a standard regulatory buffer width of 100 feet. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. Excess sediment and invasive reed canarygrass will be removed from the stream channel using a trackhoe or similar equipment. Access to these areas may require crossing the floodplain or wetland. Willows that are obstructing flow will also be removed, but primarily by hand. As mitigation for temporary impacts, any areas that are temporarily disturbed will be restored after construction by planting native vegetation. As mitigation for permanent impacts, a 15 -foot buffer of native vegetation (primarily wetland vegetation) will be restored along both sides of the stream bank east of 148th Avenue SE where under existing conditions virtually no native vegetated buffer exists. A fence will be installed to protect the new plantings and to minimize livestock access to the stream. This vegetation will increase shade, add habitat, and minimize the return of the reed canarygrass. On the west side of 148th Avenue SE, approximately 3.75 acres of riverine wetland will be enhanced. Off -channel alcoves with large woody debris will also be constructed on the west side of 148th Avenue SE to enhance fish habitat. In addition, natural alluvial fan functions and fish habitat will be potentially restored either at the confluence of May Creek and Long Marsh Creek or at another location with similar opportunity. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source offrll material. Approximately 4,000 cubic yards of sediment will be removed from May Creek. The removed sediment will either be disposed of appropriately offsite, or will be spread in an approved pasture area adjacent to the project site in coordination with the property owner and as allowed by regulations and permits. As part of the mitigation, a sheet mulch treatment (e.g., cardboard or weed fabric) will be placed within the wetland boundary to shade out reed canarygrass and facilitate planting of native vegetation. Some compost may also be imported to facilitate planting, but the exact amount has not been determined yet. In addition, approximately 76 pieces of large woody debris will be placed throughout wetland west of 148th Avenue SE, and approximately 32 H KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project cubic yards of streambed gravel will be placed near the stream in the off - channel alcoves. Streambed gravel will also be placed at the potentially restored confluence of Long Marsh Creek and May Creek, but the exact quantity at this location has not been determined yet. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities f known. During the sediment and in -stream vegetation removal, the stream will be temporarily diverted around the work area as part of temporary erosion and sediment control plan. This diversion may involve using one or more gas - powered pumps to remove water from the channel just upstream of the work area. The water will then be discharged downstream of the work area. Any additional water that seeps into the construction work area may also be removed with a pump as needed. The stream diversion may require fish removal and relocation. All fish removal and relocations will be done by a King County biologist using hand -netting or other accepted methods. No other surface or groundwater will be withdrawn or diverted. 5) Does the proposal lie within a 100 year floodplain? Ifso, note location on the site plan. Yes. The project area lies within the I00 -year Floodplain for May Creek. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No waste material will he discharged to surface or groundwater. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. This project will not withdraw from or discharge to groundwater. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals... ; agricultural; etc.). Describe the general size of the system, the number ofsuch systems, the number of houses to be served (rfapplicable), or the number of animals or humans the systems) are expected to serve. No waste material will be generated or discharged into the ground. KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Any areas that are temporarily disturbed during construction have the potential to generate sediment -laden stormwater runoff. Temporary erosion and sediment control best management practices, such as silt fences, turbidity curtains, or coir logs, will be used to prevent sediment -laden stormwater runoff from entering the stream or wetlands. As needed, additional best management practices may include collecting sediment -laden stormwater before it enters the stream or wetland and discharging the stormwater into a vegetated upland location instead. Water quality monitoring will be conducted during construction to ensure that state water quality standards are met. if water quality standards are exceeded, additional best management practices will be implemented to protect water quality. 2) Could waste materials enter ground or surface waters? If so, generally describe. No. All sediment excavated from the stream will be disposed of at an approved offsite location, or will be spread in an approved location adjacent to the project site in coordination with the property owners and as allowed by regulations and permits. It will not be allowed to enter ground or surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: During construction, temporary erosion and sediment control best management practices, such as silt fences, turbidity curtains, or coir logs, will be used to prevent any material or runoff from entering ground or surface water during construction. Construction equipment access will also be limited to specific locations along the stream, which will minimize disturbance to existing vegetation. In the long-term, the purpose of this project is to reduce the duration of flooding in May Valley at both the start and end of the rainy season by removing in -stream channel obstructions. This effort should help alleviate the duration of localized flooding on adjacent properties during low to moderate storm events. The project hydraulic analysis found that the potential for erosion downstream of May Valley is virtually unchanged for the pre- versus post -project conditions. 12 KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project 4. Plants a. Check or circle types of vegetation found on the site: ® Deciduous Tree: alder, cottonwood, Oregon ash, maple, aspen, other - cherry ® Evergreen Tree: fir, cedar, pine, other - spruce ® Shrubs: willow, dogwood, hardhack, Indian plum ® Grass: reed canarygrass ® Pasture: variousrg asses ❑ Crop or Grain: ® Wet Soil Plants: cattail, buttercup, soft rush, bulrush, skunk cabbage, other - horsetail ❑ Water Plants: water lily, eelgrass, milfoil, other ® Other types of vegetation: blackberry b. What kind and amount of vegetation will be removed or altered? Approximately 3,000 square feet of reed canarygrass will be removed from the stream banks. Approximately 5,500 square feet of flow obstructing willows will also be removed from the stream channel to improve flow conditions. In addition, approximately five acres of reed canarygrass will be removed adjacent to the channel and in the wetland and will be replanted with native vegetation. This reed canarygrass will be removed by placing a sheet mulch treatment, such as cardboard or weed fabric, over the grass to shade out the grass over multiple growing seasons. The native vegetation will be planted through this treatment. c. List threatened or endangered plant species known lobe on or near the site. No threatened or endangered plant species are currently known to be on or near the project site; however, historically, threatened or endangered plant species were known to exist in the area. According to the Washington Department of Natural Resources Washington Natural Heritage Program Database (.lune 2009), Tall Bugbane (Cimicifuga elata) existed historically in the project area but is not likely to be present any longer because it typically grows along the margins of mature or old growth stands of coniferous or mixed coniferous -deciduous forest. This type of habitat no longer exists in the project area. In addition, Tall Bugbane was not identified in the project study area during any of the wetland or stream surveys which spanned multiple days in January, February, and August 2010. 13 KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: This project proposes to enhance five acres of native vegetation along the stream corridor and in the wetland. Invasive reed canarygrass will be removed along the stream and in the wetland, and the area will be replanted with native vegetation. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: ® Birds: hawk, heron, eagle, songbirds, other: ducks ® Mammals: deer, bear, elk, beaver, other: coyote ® Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Terrestrial Species Red-tailed hawks (Buten jamaicensis), bald eagles (Haliaeetus leucocephalus), and great blue herons (Ardea herodias) have been observed traveling through the project area; however, according to the Washington Department of Fish and Wildlife Priority Habitat and Species Database (June 2009) there are no documented or known nesting sites associated with these species in the project area. Great blue herons and bald eagles are both species of concern in Washington State (WDFW 2010), but are not threatened or endangered. Aquatic Species Historically, May Creek supported five species of salmonids: Chinook (Oncorhynchus tshawytscha), sockeye (O. nerka), and coho (O. kisutch) salmon, as well as rainbow/steelhead (O, mykiss) and cutthroat (O. clarki) trout (King County 1995). Salmon still use May Creek and its tributaries even though their numbers have decreased (King County 1995). Chinook and sockeye salmon are found in the lower reaches of May Creek and in May Canyon; but they most likely do not travel upstream into May Valley as far as the project area (King County 1995). Both of these species are species of concern in Washington State (WDFW 2010), and Chinook salmon is listed as threatened under the federal Endangered Species Act. Coho salmon and rainbowlsteelhead and cutthroat trout rear in May Valley and use it as a travel corridor to upstream spawning habitat in the North Fork, Cabbage and Country Creeks, and Tributary 0291 A (King County 1995). Under the federal Endangered 14 KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project Species Act, steelhead are listed as a threatened species, and coho salmon are a species of concern. In addition, the Lake Washington Basin contains spawning populations of the federally - listed threatened bull trout (Salvelinus confluentus), but no spawning populations have been confirmed in the part of the basin where the project is located (WDFW 1998, 2004a). Furthermore, it is unlikely bull trout will be present in May Creek due to a lack of suitable habitat. Under the federal Endangered Species Act, no designated or proposed critical habitat for Chinook salmon, steelhead, or bull trout is located within the project area. An effects determination for species protected under Section 7 of the Endangered Species Act will be completed in coordination with the appropriate federal agencies during the permitting process. This determination will analyze potential impacts to listed species resulting from the project. c. Is the site part of a migration route? If so, explain. Yes. Anadromous fish, including coho salmon, rainbowlsteelhead and cutthroat trout, use the May Valley as a migration corridor to upstream spawning habitat. Most of the large valleys in King County, including May Valley, comprise a portion of the Pacific Flyway used by waterfowl and other migratory bird species during spring and fall migration. d. Proposed measures to preserve or enhance wildlife, f arty.• Best management practices will be utilized during construction to minimize potential impacts to listed species. For example, in -water construction work will be completed during the summer low now work window that is designated to protect listed aquatic species. Species are unlikely to be present in the project area during the designated summer work window. Temporary erosion and sediment control measures (discussed in section 3.c above), including a stream diversion, will also be implemented to protect water quality. The stream diversion may require Fish removal and relocation. All fish removal and relocations will be done by a King County biologist using hand -netting or other accepted methods. In the long-term, this project will enhance fish and wildlife habitat in May Valley by restoring approximately five acres of native wetland and riparian vegetation, adding large woody debris to off -channel alcoves, and potentially restoring fish habitat and alluvial fan functions at the confluence of Long Marsh Creek and May Creek. This will increase the complexity and diversity of habitat available in the project area. 15 KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project b. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None. The completed project will not require any energy. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None are proposed. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No toxic chemical or hazardous waste will be used or generated by this project. 1) Describe special emergency services that might be required None. 2) Proposed measures to reduce or control environmental health hazards, if any: Maintenance and refueling of construction equipment wil I occur outside of the stream, wetland, and buffer areas. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Some minor traffic noise from adjacent roads is expected, but it will have no effect on construction or on the completed project. V KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. During construction, equipment operation will temporarily increase noise levels in the vicinity. Construction equipment may produce temporary noise levels as high as 90 decibels. The completed project will not change existing noise levels. 3) Proposed measures to reduce or control noise impacts, if any: Construction activities will comply with provisions of the King County Noise Ordinance (Ordinance No. 3139). Equipment operation will be limited to the hours of 7 a.m. and 7 p.m., Monday through Friday. S. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The current use of the site is a combination of rural residential with small farms and undeveloped open space. The small farms in the project area primarily consist of pastures that are utilized by horses. h. Has the site been used for agriculture? if so, describe. Yes. May Valley supports pasture and low -intensity agriculture uses, small farms, and scattered single-family residences; however, the project area is not located in an Agriculture Production District. Historically, May Valley was probably more extensively utilized for agriculture production; however, under existing conditions the pastures in the project area are primarily utilized only by horses. c. Describe any structures on the site. The adjacent properties contain single-family homes, barns, and other out -buildings. None of these structures will be affected by construction of the proposed project. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification ofthe site? The current zoning classification is RA -5 and RA -10, rural residential with future development limited to rural uses with maximum densities of one house per live aces and ten acres, respectively. Ibl KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is rural residential. g. If applicable, what is the current shoreline master program designation of the site? Not applicable. May Creek is not a Shoreline of the State in the project area and therefore, is not regulated under the King County Shoreline Master Program. h. Has any part of the site been classified as an "environmentally sensitive " area? If so, spec. Yes. The proposed project will occur in and adjacent to May Creek and its tributaries, which are Type F Waters (contains fish or fish habitat) under the King County Critical Area Code. The proposed project is also located in the 100 -year floodplain for May Creek. In addition, a large Category 11 Wetland (May Creek #5) covers a large percentage of the May Valley floor. The proposed work will all occur within the stream, wetland, buffers, and floodplain of May Creek. L Approximately how many people would reside or work in the completed project? None. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: Does not apply. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: One of the project goals is to reduce the duration of flooding on properties adjacent to May Creek. Reducing floodwaters on these properties will facilitate the continued use of these properties as single-family homes with small farms. Ir. KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Does not apply. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Does not apply. c. Proposed measures to reduce or control housing impacts, if any: Does not apply. 10. Aesthetics a. What is the tallest height of arty proposed struclure(s), not including antennas: what is the principal exterior building material(s) proposed? Does not apply. No buildings or structures will be constructed. b. What views in the immediate vicinity would be altered or obstructed? None. c. Proposed measures to reduce or control aesthetic impacts, if any: Does not apply. It. Light and Glare a. What type of light or glare will the proposal produce? not lime of day would it mainly occur? None. b. Could light or glare from the f nished project be a safety hazard or interfere with views? No. KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if arty: Does not apply. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Recreational opportunities in the immediate project area are limited; however, they could include fishing, hiking, bicycling, and/or bird watching. Within a couple of miles of the project area, the King County Cougar Mountain Park and the Squak Mountain State Park together provide over 5,000 acres of public land with trails for hiking and horseback riding. b. Would the proposed project displace any existing recreational uses? Ifso, describe. No. All of the proposed work will occur on private property and will not affect recreational opportunities or access. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if arty: No measures proposed. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or, proposed for, national, state, or local preservation registers known to be on or next to the site? If'so, generally describe. The Washington State Department of Archaeology and Historic Preservation and the King County Cultural Resource Protection Project databases were checked on March 1, 2010. No listed or proposed historic properties or archaeological sites were found in the project vicinity. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None are known to be present. c. Proposed measures to reduce or control impacts, if any: 0 KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project Because there are not any listed or proposed archaeological or historic resources in the project area, no mitigation is being proposed. If, archaeological or historic resources are uncovered or encountered during project construction, work will cease immediately, and appropriate steps necessary to protect those resources will be taken before construction resumes. If resources are discovered, the Washington State Department of Archaeology and Historic Preservation, the King County Historic Preservation Program, and any affected federally recognized tribes will be notified immediately, and an on-site inspection will be conducted by a professional archaeologist and other qualified resource professionals. A mitigation plan would then be prepared before resuming construction at the site of discovery, if necessary. In addition, the measures and the possibility of uncovering materials of archaeological or historic significance near inland waters will be discussed during a preconstruction conference with the construction crew/contractor before performing the work on-site. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Access to the site will be from properties located on SE May Valley Road or 148th Avenue SE. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Does not apply. c. How many parking spaces would the completed project have? How many would the project eliminate? Does not apply. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? !f so, generally describe (indicate whether public or private). No new roads will be required. e. Will the project use (or occur in the immediate vicinity of} water, rail, or air transportation? If so, generally describe. No. ►:Il KING COUNTY ENVIRONMENTAL CHECKLIST May Creek Drainage Improvement Project f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None. g. Proposed measures to reduce or control transportation impacts, if any: Does not apply. 15. Public Services a. Would the project result in an increased need for public services (for example: frre protection, police protection, health care, schools, other)? If so, generally describe. m b. Proposed measures to reduce or control direct impacts on public services, if any. Does not apply. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other, Does not apply. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Does not apply. 22 KING COUNTY ENVIRONMENTAL CHECKLIST May Creel: Drainage Improvement Project C. SIGNATURE The above answers are true and complete to the best o/'mv knowledge. I understand that the lead agency is relying on them to make its decision. Signatum: Name: Title: Date: The following are included with the Checklist if checked off: ® Vicinity Map ® Greenhouse Gas Worksheet ❑ Project flans 23 LO C) N T 0 i� .cu (U 4) C) m 2 Appendix III Excepts from Stonegate II Lift Station and Pipeline Project Critical Areas Report, August 2008 BE L LL11 E V E ISH' MERCER Vital" SARK 3 I z IAU, 9 '44 T LOCATION E MA y St - VALLEY fl., D KING TY CY) Lj PROPOSED Gr) NE 27TK PL STONEGATE 11 HE n c1 LIFT STATION 26TH PL H TH. bf SE 100jH EV R oAft SE 1THW 0TH SE 10 w pt NE 74TI ST 00 000PLV?ri Lom— —,ai yj HE STa` t FiROPQSED FORCE lit W bi MAIN ROUTE* Ir Z01 MT11JI S& LU C0 104TH SE HE 20TH ST S 104TH ST ST it ST hr SE a NE y1 n 1r i SE 05TH PL105THPt )kAH Ww %L tm St ¢ a $F 107TH 17TH sr ST 4 JAN Pt<n KST 4. PL e ST IIX IK JUN pi Vj! ........ ..... ' I SE 11z IF 51 r —L ST SE link ST Mf SE11211A ST 111V 19 SE LOU OL ST 'A X SE 1113TH v us ST rP v - i �V- ir- -�E—j '14TH ST NE 8110TH §j.. SE yE if w i �1 ME ISTH SE 9THPl. SE 117TH ST 9T ST SE t 0 '�T W 1000 200D I L T- IT -N Scale in Foot -Force Main route recently revised due to easement onstr.aints- Stonegate Lift Station and Pipeline 207075 SOURCE: Rand McNally & Company. 2006. Figure 1 Vicinity Map Renton, Washington Slonegate 11 Lift Station and Pipeline Projed Critical Areas Reporl coarser material closer to NE 20 Street. Dominant vegetation along this stream is similar to May Creek and includes Sitka willow, red alder, reed canarygrass, and Himalayan blackberry. In the vicinity of May Creek, the tributary has a less defined bed and banks, dispersing flow over a broad area. The tributary also contains dense herbaceous vegetation in this area. Therefore, salmonid presence in the tributary is unlikely; however, field investigations were conducted during low flow conditions. The upstream portion of stream, in the vicinity of SE 104`h Street, travels along the property boundary of single family lots that contain maintained yards. The stream banks become armored upstream of the SE 104`h Street culvert.as the stream passes under a wooden fence. The 24 -inch corrugated metal culvert at SE 104`h Street empties near the confluence of the tributary of May Creek and a small stream entering the project area from the west. Downstream of the confluence, the tributary travels east for approximately 20 feet then turns to the north. The tributary is approximately 3 feet wide and 6 inches deep in the vicinity of SE 104`h Street. Dominant vegetation upstream of the culvert includes Indian plum, creeping buttercup, sword fern, cut -leaf blackberry, English holly, and red alder. Similar vegetation exists downstream of the culvert, with Himalayan blackberry and black cottonwood becoming common. 6.4 Upland Description Unland on Parcels 8035400580 and 803540TRCT The un -maintained upland area located in the northern parcels is characterized by DP -1, DP -2, and DP -3. Dominant vegetation includes reed canarygrass, Himalyan blackberry, evergreen blackberry, Canada thistle (FAC), and bracken fern (FACU). The soil investigation found a very dark brown (1 OYR 212), or brighter, sandy loam layer at the surface that extends to the bottom of the soil. profile (+/- 18 inches). In several areas, this layer extends to approximately 7 inches, below which coarser and brighter soil exists. At the time of investigation, there was no soil saturation, or other indicators of saturation or inundation, at any of the upland plots. Based on the topographical position and the lack of soil saturation in upland soil pits dug around the site, it is likely that these areas will become drier during the early portion of the growing season. Upland on Proposed Force Main Alignment The upland area located east of the tributary is fairly uniform and characterized by DP -2. Dominant vegetation includes red alder, reed canarygrass, Himalayan blackberry, sword fern, and vine maple. The upland west of the tributary is characterized by DP -3. Dominant vegetation includes creeping buttercup (FACW), Himalayan blackberry, and herb Robert (NL): The soil investigation found a very dark brown (l OYR 212) sandy loam layer at the surface that extends approximately 10 inches below the surface. Below this layer, the soil color and texture remain the same, but the layer contains mottles that are dark yellowish brown (I OYR 4/6) to 16 inches. At the time of investigation, there was no soil saturation. There were no other indicators of saturation or inundation at either upland plot. Based on the topographical position and the lack of soil saturation in upland soil pits dug, it is likely that these areas will become drier during the early portion of the growing season. ESA Adolfson Page 7 August 2008 1 Slonebate 11 Lift Station and Pipeline Project Critical Areas Report Hygrolqg The tributary of May Creek and a high groundwater table are the main sources of hydrology to Wetland B. At the time of the site visit, free water at 7 inches was present in DP-1 (Wetland B); and the soil was saturated to the surface. Soils appeared to be saturated to the surface throughout the majority of the wetland. At the time of the site visit, the tributary contained approximately.4 to 6 inches of flowing water. Soils The soil consists of a surface layer that is a very dark gray (l OYR 3!1) sandy loam that extends to about 8 inches below the surface. Below this layer is a reddish gray (2.5YR 511) loamy sand soil . that contains mottles that are strong brown (7.5YR 416; medium and common) in calor. Soil samples do not match the NRCS mapped soil unit, which is Ragnar-Indianola Association. The Ragnar-Indianola Association is not a hydric soil; however, the soils encountered were generally hydric. Vegetation �'. Vegetation in the wetland is dominated by red alder (FAC), black cottonwood (FAC), Indian plum (FACU), reed canarygrass (FACW), with scattered slough sedge (OBL). 6.3 Streams and Other Drainage Features I: 6.3.1 May Creek The main channel of May Creek is located north of the proposed Stonegate II Lift Station on Parcel 803540TRCT, entering under the 148`x' Avenue SE Bridge and -continuing offsite to the west. May Creek is approximately 10 to 15 feet wide where it crosses 148ei Avenue' SE and narrows slightly, to approximately 5 to 8 feet, as it travels west. The depth of the stream is approximately 2 to 4 feet with a substrate composed of fine sediments. Riparian vegetation and Wetland A exist along the north and south banks of the stream, with dominant species including Sitka willow and reed canarygrass. May Creek is perennial or intermittent with known salmonid presence. The May Creek basin supports five species of salmonids: chinook, sockeye, and coho salmon, and steelhead and cutthroat trout (Kerwin, 2001). Since 2000, volunteers with the King County Volunteer Salmon Watchers Program have been observing salmon in May Creek. Volunteers have consistently seen sockeye salmon in the stream. Less commonly spotted are chinook salmon, coho salmon, cutthroat trout, and kokanee salmon. 6.3.2 Tributary of May Creek A tributary of May Creek enters the southern portion of the project area near Wetland B, and generally extends north until intersecting May Creek (Figure 2). The tributary of May Creek is a seasonal channel with an estimated 5 -foot width and 1 -foot depth in the vicinity of NE 20x' Street. The substrate is composed of finer sediments to the north and Page 6 ESA Adolfson August 2008 Stonegale 11 Lift Station and Pipeline Project Crilic•al Areas Reporl 6.2.1 Wetland A Wetland A is located in the northern portion of the project area and contains a relatively uniform vegetation community and hydrologic regime (Figure 4). The wetland supports palustrine emergent (PEM) and scrub -shrub (PSS) communities, experiences seasonal saturation and/or inundation, and is connected to May Creek. A data plot dug to a depth of 18 inches was es blished to characterize soils and hydrology at the time of field investigation. The portions of tho. adjacent to the stream are considered riverine wetlands under the HGM classification, while wetland areas further from the stream that are primarily groundwater driven are depressional. Wetland A is characterized by sample plot DP -4. ., . Hydrolo�y May Creels and a high groundwater table are the main sources of hydrology to the wetland. At ' the time of the site visit, no free water was present in DP -4; however, standing water 1-3 inches deep was located approximately 10 feet from the data plot and was present in other portions of the wetland. The field investigation occurred after a prolonged dry period without large storm events, and soils were moist to the surface, but not saturated. Saturation and •inundation are likely early in the growing season based on the presence of hydrophytic species and redoximorphic features in the subsurface soils. In addition, DP -4 is located close to the wetland/upland boundary; therefore, indicators of wetland hydrology are not strong. Indicators of wetland hydrology, such as surface ponding and soil saturation, increased significantly within 5 feet of the data plot. Sails r The soil at DP -4 consists of a surface layer that is a very dark brown (I OYR 2/2) loam that extends to about 16 inches below the surface. Below this layer is a lighter, grayish brown (1 OYR 5/2) silt loam soil that contains redoximorphic features (i.e., mottles) that are yellowish brown (I OYR 5/8; medium and common) or yellowish red (5YR 5/8; medium and common) in color. Soil samples generally match the NRCS mapped soil unit, which is Bellingham silt loam. c Vegetation Vegetation in the wetland is dominated by reed canarygrass and Douglas spirea (FACW), with scattered clumps of evergreen blackberry (FACU) primarily along the boundaries of the wetland. Red -osier dogwood (FACW) and Sitka willow (FACW) are present closer to -May Creek. 6.2.2 Wetland B Wetland B is located in the southern portion of the project area and supports a palustrine forested (PFO) community (figure 5). The wetland experiences seasonal saturation and/or inundation, and is connected to the tributary of May Creek that flows under SE 104"' Street via a 24 -inch culvert. The wetland is adjacent to the stream and is considered riverine under the HGM classification. Wetland B is characterized by sample plot DP -1 (Wetland B). A data plot dug to a depth of 18 inches was established to characterize soils and hydrology at the time of field investigation. SSA Adolfson Page 5 August 2008 Stonegate 11 Lift Station and Pipeline Project Critical Areas Report 6.0 FINDINGS The following sections describe the results of the field investigation conducted by lion Logan, Laura Brock, and Scott Olmsted for the Stonegate 11 Lift Station and Pipeline Project on February 14`h and March 26`h, 2008. These sections describe the wetlands found in the project area, upland habitats, and wildlife observations. Seven (7) data plots were established within relatively uniform areas of vegetation on the site. Data sheets for each of the formal data plots evaluated for this project are provided in Appendix C. Stream observations were noted for May Creek and a tributary of May Creek located in the vicinity of the project area. 6.1 Existing Information The Soil Survey of King County Area (Snyder et a)., 1973) maps two soil types in the project area: Bellingham silt loam and Ragnar-Indianola association. Bellingham silt loam is mapped on both sides of May Creek and is listed as hydric on the Hydric Soils of List of King County Area (USDA NRCS, 2001). These soils are poorly drained and formed in alluvium under grass and sedges. The Ragnar-Indianola association is comprised of equal parts Ragnar fine sandy loam and Indianola loamy fine sand. It is a well -drained soil that occurs on glacial outwash terraces. Ragnar-Indianola association is not listed as hydric. The National Wetland Inventory (NWI) shows palustrine emergent wetland recorded as temporarily flooded, partially drained/ditched (PEMAd) west of 1481h Avenue SE and on both sides of May Creek. East of 1481h Street, the NWI maps a,larger palustrine emergent wetland complex that contains a semi -permanently flooded (PEMF) community and a seasonally flooded/well-drained and partially drained/ditched (PEMCd) community (Figure 2). Wetlands and stream corridors in the City of Renton were preliminarily identified in the City of Renton- Critical Areas Inventory (Jones & Stokes Associates, 1992). The inventory shows the main stem of May Creek north of the existing Stonegate Lift Station and a tributary of May Creek extending south through the Stonegate residential development. A large scrub -shrub and emergent wetland is also mapped along the mainstem of May Creek. The mapped wetland is identified as "K-7" and is 142 acres in size (Figure 2). Streams are also identified on the Renton Water Class Map (City of Renton, 2005) contained in the Renton Municipal Code (RMC). The snap identifies May Creek and the tributary of May Creek that extends south through the project area (NE 26`h Street and SE 104.`h Street) (Figure 2). 6.2 Wetlands Determinations ' Two wetlands were identified in the project area (Figure 3). Wetland A is pari of a large 142 fr, acre wetland that extends offsite to the north, east, and west (Figure 4). This large wetland was preliminarily identified in the Critical Areas Inventory (Jones & Stokes, 1992) and is mapped along the main stern of May Creek. Wetland B is associated with a tributary of May Creek and is located near the intersection of SE 100 Street and 148`h Avenue SE (Figure 5). The following describes the wetlands and upland habitats found on the site. 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NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS -M) DATE: LAND USE NUMBER: PROJECT NAME: April 30, 2009 LUA09.049, ECF Stonegate Lift Station H bVt PROJECT DESCRIPTION: Applicant is requesting SEPA review for the Stonegate Lift Station located at 5610 NE 26111 Street (parcel 98035400580) and appruximately 1,000 Iifiear feel of 12 arid 15 -Inch sanitary sewer pipe and 4,900 linear feet of 8 -inch sanitary sewer pipe located in the rights-of-way of NE Sunsel Blvd., NE 26th Street, Lyons Avenue NE, NE 22nd Court, N 201h Street, and Field Avenue NE. The above ground portion of the Stonegate lift station is approximately 240 square feel. The existing lift station on ilia subject site is proposed to be removed in addition to the Summerwind lift station, which is not located on the subject site. Access to the new lift station would be off of 148th Avenue SE. The project is located near two wettands (wetland A and weltarid B). Welland A is connected to May Creek and is ctassifled as a Category 1 wetland; Welland B is a Category III wetland. As such, the applicant provided a Critical Areas Report and a Geotechnical Report. The applicant does not propose to remove any trees as a part of this project. PROJECT LOCATION: 5610 NE 2814 Street OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has determined that significant environmental Impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43,210.110, the City of Renton is using the Optional DNS -M process to give notice that a DNS - M Is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non -Significance - Mitigated (DNS -M). A 14 -day appeal period will follow the issuance of the DNS -M. PERMIT APPLICATION DATE: April 21, 2009 NOTICE OF COMPLETE APPLICATION: April 30, 2009 APPLICANTlPROJECT CONTACT PERSON: John Hobson, City of Renton - Utility Systems; Tel: (425) 430-7279; Eml; jhobsonCrentonwa.gov Parmlts/Review Requested: Environmental (SEPA) Review Other Permits which may be required: Building Permit Requested Studies: Wetland Study and Geotechnical Report Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 138057 PUBLIC HEARING: NIA CONSISTENCY OVERVIEW: Zoningli-and Use: The subject site is designated Residential Low Density (RI -0) on the City of Renton Comprehensive Land Use Map and Residential - 1 (R-1) on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist Development Regulations Used For Project Mitigatlon: The project will be subject to the City's SEPA ordinance, RMC 4-3-050, RMC 4-2- 110A and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project Impacts not covered by existing codes and regulations as cited above. ■ The applicant shalt comply with the recommendations within the provided Critical Areas Report. ■ The applicant shaft comply with the recommendations within the provided Geotechnical Engineering Report. Comments on the above application must be submitted in writing to Vanessa Dolbee, Associate Planner, CED - Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on May 14, 2409. if you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and wi41 be notified of any decision on this project. CONTACT PERSON: Vanessa Dolbee, Associate Planner; Tel: (425) 430-7314, Eml. vdolbee@rentonwa.gov PLEASE INCLUDE THE "PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION It. � 'VICINITY t r •, a � PROJECTj� OCATIO4 , MAP If you would like to be made a party of record to receive further Information on this proposed project, complete this form and return to: City of Renton, CED - Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: Stonegate Lift Sla6onlLUA09.049, ECF NAME: MAILING ADDRESS: TELEPHONE NO,: Appendix IV King County Drainage Complaints Map and Copies of Drainage Complaints KING COUNTY WATER AND LAND REsOURCFS DIVISION DRAINAGE INVESTIGATION REPORT INVESTIGATION REQUEST MAY CREEK CHANNEL PROJECT M x IT N RECEIVED BY: BS/wkp Date: 07122/10 OK'd by: File No 2010-0432 rt1l nilm! N�,. MVJ14, t"I "I I �, I �111, 11 ! 11 � � 1� '!! i 1,11}.11 11 OR 1141 1 � I i NAME: MARK & LAJA MADFAI PHONE: . Other: Address: 3010ILWACOAVE NE City RENTON State Zip 98059 IN -1 0,110R,40111. WIT,101111W i"HIFORM"ROM RE" 1i I 1i 1, .111NI 111,11, ili N,, 1111, 11 1i 1 1! 011 111, ! 'Ni I,tl, lfl�, I 11 111,401 'i 101.11HIN 6111 110W 0, Access Permission Granted ❑ Call First (Would Like To Be Called and/or Present) D REMARKS: SEE ATTACHED LETTER. Plat name: Other agencies involved: Lot No: Block No: No field investigation required OR: No further action Turned to: on by recommended because: ❑ Lead agency has been notified: ❑ Problem has been corrected. E]No problem has been Prior investigation identified. addresses problem- SEE FILE # ❑ Private problem - NDAP will not consider because: [] Water originates onsite and/or on neighboring parcel. 0 Location is outside WLRD Service Area. ❑ Other (Specify): IT4, 1%910,-�Rlmlro am ggt jm-J6 0-A U; ;mioi ii u -, i�, — gxw �, k %fxwn-,�,iiigzn k % Imi 1/4 SE S 34 T 24 R 5 Parcel # 3424059019 Kroll: 460E TBros: 626,14 MD 1 2 3 4 Basin MAY Council Dist 9 Charge #: ari, Citizen notified on L] phone El letter Lj in person [I email OR: No further action Turned to: on by recommended because: ❑ Lead agency has been notified: ❑ Problem has been corrected. E]No problem has been Prior investigation identified. addresses problem- SEE FILE # ❑ Private problem - NDAP will not consider because: [] Water originates onsite and/or on neighboring parcel. 0 Location is outside WLRD Service Area. ❑ Other (Specify): Mark & Leila Madfai 3010 Itwaco Ave. NE Renton, WA. 98059 May 14, 2010 The Honorable Dow Constantine, King County Executive Suite 800 King County Chinook Building 401 5`h Avenue Seattle, WA. 98104 The Honorable Reagan Dunn, King County Councilmember The Honorable Larry Phillips, King County Councilmember Room 1200 King County Court House 516 3'a Avenue Seattle, WA, 98104 RE: May Creek Channel Restoration Project Dear Mr. Constantine, Mr. Dunn and Mr. Phillips: MAY 17 2010 6,ECUPVE OFFICE r I; - ;y EIS°C3:SE FOR EXEC. SI RkVTWEo Y _ --- �- _�__._.. _ F.Y t We live adjacent to May Creek in the area the lies within the Urban Growth Separator between the Cities of Renton and Newcastle. We are downstream of 1481h Ave SE near a proposed project to restore the channel of May Creek which is proposed by King County's Water and Land Resources Division (WLRD). This project is intended to improve in stream flow conditions in this reach of May Creek to help Alleviate flooding in the adjacent pasture area. We believe that this proposed project will increase stream velocities and introduce additional flows onto the creek downstream during the peak flow periods of storm events. This may cause flooding to houses and additional stream erosion downsireatn. In addition to flooding, we are very concerned about the additional erosion that this may cause. We have lived in this location since 1999 and are already experiencing significant channel erosion on the bank of the creels which is increasing every year. We understand that a SEPA determination has been made for the above referenced project, a "Mitigated Determination of Non -Significance". We don't agree with this determination and feel that not enough analysis has been gathered to properly study the downstream affects of this work, ft appears that no mitigation is proposed to alleviate any potential downstream flooding or stream bank erosion. We are very concerned not only for our property but those of our neighbors who live along the creek who have also experienced significant erosion over the last few years. We are also very concerned about the bridge that crosses the creels at llwaco Ave. NE. This is our ONLY access in and out of our property that we share with 3 other neighbors. This bridge was constructed in the 1944's and if it is lost or damaged in a flood we have no way out! We respectfully request that before implementing a project to alleviate flooding in a pasture that has always flooded and where no adjacent houses exist, more care be taken to study and analyze the downstream effects of where houses and a bridge are potentially threatened. And, if the project must move forward, that measures to mitigate flooding arid erosion be incorporated. We also understand that there may be legality issues as a result of a government agency sponsored project that introduced additional runoff water directed toward a property and flooding occurred ("Enemy's of the State" and "Inverse Condemnation"). We appreciate your careful consideration of this matter. Sincerely, Mark & Lej la Madfai CC: Mark Isaacson, Division Director, Water and Land Resources Division Doug Chin, Project Manager a King County Water and Land Resources Division Department ur Natural Resources and Paries !Ging Street Center 201 South Jackson Street, Suite 600 Seattle, WA 98104.3855 206.296.6519 Fax 206.296.0192 TTY Relay; 711 J Line 3, 2010 Marie and Lajla Madfai: 3010 flwaco Avenue NE Renton, WA 98059-3764 Dear Mr. and Mrs. Madfai: Thank you for your letter of May 14 2010, detailing your concerns with the potential impacts associated with the proposed May Creek Channel Restoration project. King County Executive Dow Constantine has asked that I respond to you directly. The Water and Land Resources Division in the Department,of Natural Resources and Parks is currently in the process of reviewing all your co—rAmerits, including your questions about the SETA Determination and the associated analysis of the detennination. I would also like to take this opportunity to let you know that completion of the SEPA process for this project has been delayed due to an administrative error. The SEPA notification was not sent to the necessary agencies per procedures in WAC 197-11-3409(2)(d). Therefore King County will be issuing a SEPA again within the next four to six weeks. We are delaying the issuance to allow time to consider modifying the project description based on the feedback we have received from citizens like you. Thank you again for taking the time to write. If I can be of further assistance, please do not hesitate to contact me at 206-296-6587. Y y, aacson Division Director cc: The Honorable Dow Constantine, King County Executive The Honorable Reagan Dunn, King County Councilmember The Honorable Larry Phillips, King County Councillnember Bob Burns, Interim Director, Department of Natural Resources and Parks (DNRP) Doug Chin, Senior Engineer, Capital Services Unit, Water and Land Resources Division, DNRP .k.a King Courrty Water -and Land Resources Division Department of Natural Resources and Parks King Street Center 201 South Jackson Street, Suite 600 Seattle, WA 96104-3855 206.296.6519 Fax 206.296.0192 TTY Relby: 711 July 27, 2010 Mark arid Lejla Madfai 301011waco Avenue NE Renton, WA 98059 RE: Mav Creek Channel Restoration Proiect Dear Mr. and Mrs. Madfai Thank you for your letter of May 14, 2010, expressing concerns about potential impacts to your property and your neighbor's property associated with the proposed May Creek Channel Restoration Project. Please excuse our delay in responding, however, we received many detailed comments and questions during the SEPA process similar to those raised in your letter that warranted very careful review and consideration. Downstream Floodin We share your concern about potential, flooding impacts downstream of the proposed project. We are aware that flood flows can get high in May Creek under existing conditions. We have thoroughly analyzed pre- and post -project flood flows leaving the project area to carefully assess the potential for aggravating any existing flooding in the downstream ravine area. Our analysis_ , documented in the Hydraulic and Hydrologic Analysis of the May Creek Channel Restoration Project, shows that peak flows leaving the valley area for standard flood events (e.g., 1 -year, 2 -year, 1.0 -year, 100 -year, etc.) are essentially unchanged before and after the proposed project. This is.because the proposed project does not change the existing floodplain or other physical conditions that control the magnitude of peak flows leaving the valley during standard flood events. It seeks only to increase low flow drainage capacity so that valley flooding recedes more quickly and fully after peak flows have passed. To explain further, the existing channel capacity for May Creek through the project area is approximately six cubic feet per second. After the project is constructed, it is estimated that flows will remain in the channel for. up to 50 cubic feet per second.. When flows exceed the channel capacity, overbank flooding occurs. Increasing channel capacity from six cubic feet per second to 50 cubic feet per second does not mean flood flows leaving the valley are Mark and Lejla Madfai July 27, 2010 Page 2 increased by 44 cubic feet per second. These values are estimates of channel capacity and are not increases in peak flood flow. During storm events, peak runoff is attenuated by available flood storage both in the channel and overbank in May Valley. The proposed project is only affecting storage in the channel, which is relatively very small compared to available storage overbank. For storm events generating greater than 50 cubic feet per second, the same amount of storage is available overbankin May Valley before and after the proposed project. Overbank storage that is currently utilized for flows between six and 50 cubic feet per second under existing conditions would now be available for storm flows greater than'50 cubic feet per second post -project. Thus, increasing channel capacity to keep overbank areas better drained will decrease the outflow for the larger events because more storage will be available overall to attenuate peak flows. The threshold for transport of material large enough to become lodged on infrastructure in the ravine and impede flow is above the flow rates affected by this project. Increasing the channel capacity in the valley would benefit the ravine community, because if the channel overflows less frequently, there will be less opportunity for debris (e.g., logs, tires, Iumber, etc.) to be transported from the wetland into the channel and down into.the ravine. Downstream Erosion Also studied thoroughly was the potential for increased erosion in the ravine area as a result of the proposed project. This was done in two steps, the first being to determine the flow rate at which channel gravels begin to move (i.e., start to erode); and the second being to determine whether the occurrence of flows at or above that flow rate is increased as a result of the proposed project. These steps were performed through two study efforts, the May Creek Sediment Transport Study performed by consultants and the Hydraulic and Hydrologic Analysis of the May Creek Channel Restoration Project performed by a King County hydrologist. Using information from bcth.studies and from the May Creek Basin Plan Current and Future Conditions Report, it was concluded that the threshold of gravel movement/erosion is most likely in the range of 165 cubic feet per second and 275 cubic feet per second. To determine whether there would be a significant erosion impact as a result of the proposed project, the Hydraulic and Hydrologic Analysis of the May Creek Channel Restoration Project assessed the pre -project versus post -project percentage of time over a 60 -yea± period that erosive flows (i.e., those greater than the threshold of gravcl movement/erosion) would occur and thus cause - gravels to erode. The analysis found that the percentage of time erosive flows occur is virtually unchanged for pre- versus post -project conditions. This was found to be the case for both the lower and upper possible thresholds of gravel movement (Le., flows exceeding 165 cubic feet per second as well as flows exi ceeding 275 cubic feet per second). Mark and Lejla Madfai July 27, 2010 Page 3 SEPA Determination The SEPA Mitigated Determination of Non -Significance is based on the existing project studies and analyses, including the hydraulic and hydrological analysis referenced above. •If additional information finds that this project would have a significant adverse impact that cannot be mitigated, King County would revise its threshold determination or modify the project design or mitigation. However, at this time King County feels that a Mitigated Determination of Non -Significance is appropriate for this project and that no significant adverse impact will'occur downstream.. I hope the information provided in this letter addresses some of your concerns and questions. Please feel free to contact Curt Crawford, Stormwater Services Section Manager, at 206-296-8329 or by email at curt crawford(a-WngcountYgov with additional questions or continents. If I can provide any further assistance, please feel free to contact me at 205-296-6587. cc: The Honorable Dow Constantine, King County Executive The Honorable Larry Phillips, King County Councilmember The Honorable Reagan Dunn, King County Councilmember Christie True, Director, Department of Natural Resources and Parks (DNRP) Bob Burns, Deputy Director, DNRP Curt Crawford, Manager, Stormwater Services Section, Water and Land Resources Division, DNRP KING COUNTY SURFACE WATER MANAGEMENT DIVISION DRAINAGE INVESTIGATION REP_ ORT Page 1: INVESTIGATION'REQUEST Type Received by:Date: ..-1 OICd File -No. . 95-0403 5 Recefved from: 0404M print pIalniy fair saanningl. (Day) (Ewe? NAME: tZ. PHONE' ADDRESS:—J447 () t # '_ 10 1-)r _5?- City, �-e# -m State Zip Location of problem, if different: Reported Problem. -r/.P t S Plat name: �t+lt•...1 5 = l f - +S 1� Mc.�c.�L -CSN Lot No: Block No: Other agencies Involved: No Field Investigation Needed - ������ ,445 3 23 r Parcel No. a Kroll aoc)F Th.Bros: New Z6 . -s 1/4 s T R Old 33 D I az Basile M --.—X--. Council Dista Charge No: RESPONSE. Citizen notlfled on S?? -5 -by ff_ phone _ letter — in person �Ic�e,r..r! C�s�'�4- f v,uw-� prtab(�►a., , �-�t4„�..,,� A;Mr- t.��...�hY �t� r -JA A -Let -,r k rs eAv,u. o y wo-s'-1 �.�.rs�( by At— S-Cp4rL sy "-ftl by �a ►s aG-� ms's r a� f Gc..�. c/as DISPOSITION. Turned to on by OR: No further action recommended because: Lead agency has been nota led: — Problem has been corrected. No problem has been identified. Prior lnvestlgatlon addresses problem: 4,111, See File # Private problem - NDAP will not consider because: _ Water originates onsite and/or on neighboring parcel Location Is outside SWM Serve ea. Other (Sp clfyy: ,(� r ruvyriJl�car' '?? DATE CLOSED: U / (l by: Details of Investlgetlon: Sketch: KING COUNTY SURFACE WATER MANAGEMENT DIVISION DRAINAGE INVESTIGATION REPORT Page 2: MELD INVESTIGATION COMPLAINT 95-0403 LOWRY Investigated by Doug Dobkins on 5-2-95 Mr. Lowry wasn't home at time of investigation. Mr. Lowry is concerned about puddling in the access road to his residence. The Neighbor to the east of him recently built a new septic system which they believe is the cause of the problem. • At the time of investigation there was a small puddle near the driveway access with a oily sheen to it. This is a private problem between two property owners who share a access road; not maintained.by King County. Na violations that I observed at time of investigatioxr. Checked the Seim permit tracking system and the neighbor has a permit to install a septic system and was signed off in febraury 1995. Investigated by Date KING COUNTY WATER AND LAND RESOURCES DIVISION DRAINAGE INVESTIGATION REPORT Page 1: INVESTIGATION REQUEST Type PROBLEM rj r AV RECEIVED BY: Date:�� �- OK°d b FILE No. Received from: (Day) L42�2) (Eve) NAME: PHONE 26E3 � ADDRESS: 14 lia City State Zip zffL5�7 Location of problem, if different: Reported Problem: CALL FIRST IN (Would hike To Be Present) aat-)s� 44LL V0bu d W<_e 'q ttva t kjt_, -4� CF S GU 44t -{-o PJA+ wln ,+r �1 (7-0 CC RAA 1 tia�-x Cl� I>VU 5�1 (lti qvt.Y� 6v 1.20 4 Plat name: �t� Lot No: Block No: S Other agencies involved: No r, �J'_U� fe- No field investigation required To BE COMPLETED BY COMPLAINT PROGRAM STAFF. lea S T R Parcel No. Ya 0 9OY% Kroll '� Th.Bros: New v� Old Basin g Council District Cha e No. RESPoA,sm Citizen notified on 7l~ %� by: - �- phone letter in'person 7/1 17 1% ' �, }-c . c �� A M ay; ;4 � � �+, C 1-r ; � � �,� r , G�-� a����c 4 �t� .�' z� �✓� T�.� i 1 k DISPOSITION: Turned to on I I by OR: No further action recommended because: Lead agency has been notified: Problem has been corrected. No problem has been identified. Prior investigation addresses problem: SEE FILE {i Private problem - NDAP will not consider because: Water originates onsite and/or on neighboring parcel. Location is outside WLRD Service Ar a. Other (Specify): DATE CLOSED:By: Complaint 98-0427 Broussard Investigated by Robert Manns on 7-1-98 Highlands at New Castle is the development name. The proposed development is located in the city of New Castle, The concern is the impacts.to the roadside ditch and Cliff Broussards property. The RID ponds to be built will outlet to the seasonal stream coming off the hillside and into the roadside ditch. This information is from Dave Brenton Construction, manager for the project. IV•TS 1 18" Concrete 18" clay 14111 Broussard r..,,_._._- •.•.•' Clearing Limits SEASONAL STREAM 12" Concrete T 5E. May Valley Rd. 18" concrete May Creek F To proposed Dirt access road 12" PVC KING COUNTY WATER AND LAND RESOURCES DMSIONIgr't & DRAINAGE INVESTIGATION REPORT INVESTIGATION REQUEST Type C. PROBLEM' RECEIVED BY: ?��--�'� Dater M- 31f K'd b : FILE No. 2004 -- n Received from: (Day) (Eve) NAME:t/ 4t-) �S PHONE �Ss" M&-5 p ADDRESS: 104 d9a ,eI3,'b_ /4 5&_ City ,.-J Stag Zip. S/ LOCATION OF PROBLEM, IF DIFFERENT: Access Permission Granted ❑ Call First (Would like To Be Present) Eff 11e7J 7�► ✓ S � J am• -�-r c� ,✓ .tl,�� �� � ice! 4' /n c/ 'T 476 0& 14 ,'�r- Plat name: ' �.i . - ' r1. Lot No: I Other agencies involved: No field Block No: 4 S T R Parcel No.d s,�Q5,90(j Kroll Th.Bros: New RDP BasinP1,W Council District City Charge No. RESPONSE. Citizen notified on ' 4}� by:,, - phone letter in person L � � l Lt. `•�vv / l I /'lt � [( %Lt r' fG�-;✓ 1'Z- j. L�[.w� � �y.�j tt.k e y �c'�g-�, G�!• �� �✓I✓L L+'::i Cry z c.� (;af I �'1�-- i.t'}Lt'f'•"rte /tom` ��'. DISPOSITION: Turned toon : t ! l'r by OR: No further action recommended because; Lead agency has been notified: _ Problem has been corrected. No problem has been identified. Prior investigation addresses problem: SEE FILE # Private problem - NDAP will not consider because: Water originates onsite and/or on neighboring parcel. Other (Specify): DATE CLOSED: __ �t. / f 1 "i By: F1LF NO: 2004-0188 NAME: Andrea Duffus KING COUNTY ADDRESS: 9605143rd PL SE PHONE: 425-255-9205 DRAINAGE INVESTIGATION REPORT TH. BROS PG: 626J4 FIELD INVESTIGATION KROLL PAGE: 800 MAINT. DIV: 2 INITIALS: MAG On site 3-9-04 with Mr. Duffus. Mr. Duffus and I walked his parcel to the south east where he showed me the area his neighbor to the east had built a berm. The berm area is at the toe of a heavily vegetated hill to the south. Mr. Duffus stated that he started receiving increase surface water after installation of a waterline -for the neighboring parcel to the east of his property. Mr. Duffus noted the impact became greater when the new homeowner (to the east) built a large earth berm at the toe of the hill. Mr Duffus expressed concerns that the berm may have been constructed to direct surface flows away from the new construction to the east of the Duffus parcel. Mr. Duffus went on to say that water now flows around the berm and onto his parcel. I did not enter the parcel to the east of the Duffus property so I was unable to determine the nature of the bermed area from the location I observed and photographed the area. Mr. Duffus has a small settling pond on the south side of his parcel that aids with collecting water from the westerly side of hillside. According to Mr. Duffus surface water now flows around the bermed area westerly past the pond then north where it saturates his landscaping and. livestock area. Mr. Duffus has videotape and documentation of flow from this area available for viewing. Also note there is a delineated wetland area to the southeast of the Duffus parcel that at the time of my visit was saturated and water was flowing down the hillside. This area is located on the parcel to the east of the Duffus parcel, just south of his property line. The vegetation is marked with pink ribbon throughout the wetland area for identification. This are was delineated prior to my Investigation. -----------------------------------------------r---------------------------------------1 I iii , F � I 1 � r , I 9605 1 � I I ' a � I 1 Garage 1 9606 NTS � I I I I I I I I 1 I trA t J`j I 1 I I I Pondin �--�J water J Berm , I j to { I �.,... l A W -L Slope toe area I A� t -------------------------------- 1 �, I \} Vegetated steep slope i 1 � I I t\1 I I f I 1 I 1 I I I f Vegetptd steeps p,$.i, d R ` to At -` Delineated wetland area I Complaint 2004 - 0188 Duffus Photos taken by: Margaret Holwegner Photo i Looking south at SE area of Duff us parcel. Photo 3 Looking east from SE side of Duff us parcel are bermed area. Photo 2 Looking east to neighboring parcel, area of berm. Photo 4 Looking west from 5E area parcel to flow area and small depression area. H'• M '�•",.r• `'n'F,lrf � 4JR. ' � °° H'• ,• 't..l - .. IJ.L �`� s •3 1 �'`! ' .03/Q9/,2Q04 qs- s a I • a A VVo " i t dl � t'; �,•,I• ',� I I I° ' , + I 151 3+ „I - �• .ti it � 1• 1 { ' . ' . ESI i, ' 4��t? i s �1� 11 - - E, ',til .. - ,1�•� I JI �, '1r i i �i, • r/ 1 , " � � . In � �r, , , �' = 1 .• t� `•N E 5 t� qs- s a I • a A VVo " i t dl � t'; �,•,I• ',� I I I° ' , 03'109/2000 1 l 1 1 �• + 1 • _ I 1 5 k � � i I 4• 5 - r � �, 1, � + , ..• I - _ fir' . 1 •i,. 1 rl,.,, }hl 1 . . � ,k Ili'' ','% f � �, � t { -- �_ I �• io 14, Irl t 1� EF +i'S�51 � 1 /- ,�- I ••''f3.i:. �l it l I! �y t y�.. '� IrY 5 A./,fJi�� ,� �n t ��� I{j � 14.ti, �•ti, � 5 � � E �5 : '± 1 {.�;I� Ilfir<If 'r.! ( f I '+,,:•;i p t ,�' ,• � I� � ,tip r^ E�t+j ..-, r'.. - `i �q�'..,. i, a�'I.IJIw.. c!\, .i.. - •Fi4�l. �x -h<`•. '#;•� ORHOOD DRAINAGE ASSISTANCE PROGRAM COMPLAINANT EVALUATION MEMO DATE: August 5, 2004 TO: FILE FROM: JEFF JACOBSON RE: ENGINEERING EVALUATION FOR COMPLAINT NO. 04-0188; Duffus COMPLAINT CHRONOLOGY: ORIGINAL: 3/03/04 FIELD INV: 3/09/04 FIELD EVAL: 4/16/04 OLD FILES: n/a BACKGROUND - I meet with Mr. Duffus and his wife at their residence on April 16th, 2004. He lives at the base of a relatively steep, forested area. The property has been cleared of a majority of the trees and heavily landscaped albeit many years ago. Mr. Duffus gave me a chronological history of the major storm events that he has witnessed while living at this residence for the last 20 -years or so. He told me that the property has never experienced a drainage problem until the last couple of years. In the last two years runoff from the adjacent eastern property enters his property causing standing water problems in the back yard near and around the aviary pens and farm animal enclosures. Standing water has been observed in the drain field area too. The water has not had'an impact on the operation of the septic system. I met with the owner, Mr. John Andrews, of the property to the east of the Duffus property. He gave me a tour of his property. In the last couple of years he has cleared the trees from the law -lying portion of his property to build a home and landscape a yard. It appears a majority of the grading involved the removal, of material between the trees and building retaining walls around them to support the remaining material. A relatively small area has been cleared uphill of the area where runoff enters the Duffus property mainly to extend a water line to the house from the top of the heavily forested hill. Some trees have been removed to accommodate this construction activity. A designated wetland sits on the Andrews' property near the Duffus property line. The wetland lies in the same general area where the Duffus property experiences surface flows from the Andrews' property. At the top of the hill directly behind the Duffus property sits the Robert Blayden property. Approximately 20 years ago the owner of said property constructed his own flow control. pond. The pond receives surface flow from an adjacent access road. It does appear that the pond may get some surface flows from SE 100th Place. A high-flow grated catchbasin is located at the intersection of 143rd Avenue SE and SE 100th Place with an asphalt berm placed on the downstream end to catch the fast flowing surface flow. Some of this flow may bypass this catch basin and flow in to the private pond. I conducted a follow up site visit on June 29th, 2004. I again met with both Mr. Duffus and his neighbor Mr. Andrews. I took some additional pictures. I tried to determine a direct cause and effect of the grading 1 activities on the Andrews property with the drainage problem on the Duffus property. I was unable to determine a direct link between the two. OPTIONS AND DISCUSSION: I was unable to determine the full extent of the Duffus property's drainage problem. It appeared to be a combination of tree removal (for the water pipe installation) and permitted grading activities carried out by Mr. John Andrews. IMPACT SCORE a 20 PROPOSED SOLUTION: The problem does not match the criteria of the Neighborhood Drainage Assistance Program where only one property is impacting another property. I recommend closing the file with Technical Assistance being provided. PRIORITY SCORE a N/A Permit Application Report - DDES, King County, Washington Page 1 of 1 Kings County WHOM WIMM Department of Deyejopm-ent and L1nvironmant41: SerWces 1ODES Howgmp Online Permit Applications Report 7 Projects or actions associated with parcel no: 0323059073 Reported through: February 21, 2004 ATP/D No Permit Urban Project TitielDescription Applied Status Applicant Type Rural B03M0965 BARN/AG -URBAN ANDREWS BARN 05/29/2003 ISSUED TOWN & COUNTRY POST FRAI A03PO.00? FEASBLTY URBAN TDR, sending site application 01/07/2003 PENDING ANDREWS MARL S A02PO302 FEASSLTY URBAN SHORT PLAT FEASIBILITY 11/20/2002 MTG ANDREWS, JOHN HELD B02FOQ30 SPRNKLR URBAN CONTR: WA FIRE SPRINKLER 01/1612002 FINALED WASHINGTON FIRE SPRINKLE 1301,10124 TOTAL URBAN Demolition of Existing Residen 08/2112001 ISSUED ANDREWS, JOHN B01M1480 BARN/AG URBAN New Resi Sam 08/16/2001 FINALED TOWN & COUNTRY POST FRAI B01 LO907 SINGLE URBAN New SF Res w/Garage 07/19/2001 FINALED ANDREWS, JOHN List Date: March 3, 2004 King County DDES I New Application Search I News Services I Comments I Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and oondltlons of the site. 'T'he details, http://appsO l ,metrokc,gov/www6/dries/scripts/permiist.cfm 3/3/2004 0 King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Permit Status:FINALED Date Printed:03-15.2004 Application Number:13011-0907 Application Date:0711912001 Applicant. ANDREWS, JOHN Approval Date:09/1712001 Location:Kroll 800 E -NE 03.23-05 Renton Issued Date;0911912001 Site Address:9606143RD AVE SE KC Permit Type:DWELLING, SINGLE Title:New SF Res w/Garage Description:New Detached Single Family Residence (Rambler) with Attached Garage Replacing Existing SF Res - Existing Residence, Garden House, & Wood Shed to be Removed before Final Inspection Approval (Mechanical Included) The following holds, notices, and comments have been entered. PINTRAND 0711912001 Permit WCI'd at intake because It is on septic in R1 zone. I need a copy of the sewer availability letter showing that sewer Is not available and a copy of a notarized sewer future connection letter before the permit can be Issued. I also need the site plan revised so that it maintains scale before it can be routed to site review. Finally a demolition permit for the house and other two structures will need to be issued before this permit can be Issuedll PINTRAND 0711912001 This is a residence replacement so School and Road MPS fees do not apply (although there are not school MPS fees M this zone)lI PINTRAND 07119/2001 Permit Fee deposit paid to Permits Plus bees by ck#4848 written by John Andrews for $2614.20 PINTRDAN 0712012001 Rec'd Sewer Availability lir. Dtd 7119109. Routed to RAND PINTRAND 07/24/2001 Recieved acceptable site plan and sewer availability letter from City of Renton - added water letter to FILE and stamped and added site plans to plans and FILE. Routed to FFLO, ADDR, PLTR, & RBIN today. Still need a copy of notarized sewer future agreement by lssuancel ADDRJKIN 07/2512D01 9606143RD AVE SE; 032305-9073 PINTRAND 07/26/2001 Recieved FILE from Addressing - to FILE room BFMODBOG 07131/2001 SPRINKLERS READ, FIRE FLOW,APPLICANT HAS AGREED TOSPRINKLER HOME WHEN HE SUBMITTED FOR PERMIT. NO CERTIFIED LETTER SENT. PINTRAND 0810612001 Recleved Sprinkler Requirement from Fire Flow - to FILE BSEPWKAM 08/1412001 WKAMIRROS performed site visit on this date. Sent to RENG for review. BSEPWKAM 08120/2001 PREPARED AND MAILED LETTER REQUESTING A COPY OF RECORDED CLEARING COVENANT TO MEET THE 1998 SWDM NGPE REQUIRMENTS. PERMIT WCI'D, PINTKDIN 08/2112001 Demo permit 130110124 issued today for this propertyl LSDSRROS 0812412001 Site visit 8114101. Sensitive areas include erosion hazard. Will approve with SANT and erosion control conditions. PINTJHIG 08/2912001 Rec'd at front desk and forwarded to PTEK Rose Andres: Recorded copy of Native Growth Retention Area Covenant - KC Ree #20010828000866 BSEPWKAM 0812912001 Received recorded clearing covenant, completed drainage review and approved with conditions on this date. PINTRAND 08/30/2001 Recieved copy of 08120/2001 WCI Letter from Wes Kameda In regards to Native Growth Retention Area, also Received a copy of the Native Growth Retention Area Covenant - to FILE LSDSTHIN 09/06/2001 Sent NOT to John Andrews LMGRRWAR 09110/2001 Received from John Andrews for Richelle Rose, sensitive areas notice on title PINTRAND 09124/2001 Recieved drainage conditions - to FILE and plans PINTJSAG 02/26/2002 REC'D VIA DROPOFF DTD 02126102: NOTARIZED OWNER AFFIDAVIT; STATUTORY WARANTY DEED. NO IDEA WHAT THESE RELATE TO, TO INSPECTIONS... PINTRAND 03/11/2002 Recieved a revised site plan indicating the "new cleared area" from John Andrews on the Walk In List - routed to Randy Goins In Inspections as requested) BINSMPUL 06/24/2002 Per Ruby permit show finaled customer said Is final , but paper work on permit doesn't show it , to Mike's chair, Keller Rockey put entry on Permit Plus with Mike's approva.l Date File Completed: October 7, 2004 Date File Taken: October 6, 2004 Da to of Complaint: March 3, 2004 Date of Investigation: October 7, 2004 Fm: Gary -Paul Reinke RE: NDAP Evaluation for Complaint # 04-0188 Andrew Duffus 9605143rd Place SE Renton, WA 98059 Day P 425-255-9405 Background This complaint was looked at by Jeff Jacobson, King County Stormwater Services Section engineer, on March 3, 2004 and on June 29`s, 2004. Mr. Jacobson was not able at the time to come to an absolute conclusion as to whether the construction on the property (John Andrews) directly to the east of Mr. Duffus' property is the direct cause of the problems Mr. Duffus states is affecting his property. Findings I met with Mr. Duffus and he proceeded to walk rue to the SE corner of his property. Mr. Duffus stated that Mr. Andrews, to stop water from entering the Andrews property built a berm. The berm in question is approximately 70 to 80 -feet east of the Andrews/Duffus property line. The general topography of the land slopes from the SE to the NE (see accompanying maps). However, as the land starts to flatten out, general surface flows end in a delineated wetland on the Andrews property. The current maps show that water then splits it flows with some headed to the NE and some to the NW. I also met with Mr. Andrews immediately after I spoke with Mr. Duffus (neither will speak to each other at this point). 1 walked to the end of the Andrews property to get a handle on the slope direction for both properties. I also looked at the way the Andrews property was laid out after the landscaping was completed. The photos show that if anything, Mr. Andrews lowered part of his property to divert flows from his home. Water flows down the hill behind both properties and does split directions once it reaches flat ground. The accompanying maps show the flow patterns. Mr. Andrews feels the berm keeps additional water from entering the Duffus property. He has offered to remove the berm if that will satisfy Mr. Duffus. OOutions and Discussion I spore with Randy Goins, general inspector at DDES (BSDBINS), on October 8, 2004 about this site. He stated that the upper slopes behind the Duffus property and the upper rear area of the Andrews property is riddled with mountain beaver dwellings. He states that this is a large contributor to the water situation at this site. Mr. Goins bad inspected a garage on the Duff -us property a few years before the Andrews property was developed. Mr. Goins said that the rear of the Duf%s property was quite wet at that time. He states that he had to walk along a certain path to the garage due to very wet soil conditions. Mr. Goins states that he has done exhaustive Heid inspection of the area above both residences and concludes that the berm established by Mr. Andrews was not a contributor to the problems Mr. Duffus states he is having since the berm was built. I have not had the luxury of seeing the site under wet conditions. Proposed Solution The bottom line in this investigation is that Mr. Andrews is willing to remove the berm. However, Mr. Andrews wants something in writing from Mr. Duffus that states once the berm is removed and there are further problems with water on the Dufius site, Mr. Duffus will no longer place concerns of water problems on the Duffus property as a result of Mr. Andrews' activities. At this point, I see this as a civil matter between two property owners. This condition does not fit the parameters of the NDA program and I feel this complaint should be closed to technical ady.to given. G I, -Paul Reinke, certify that the photographs shown in this report are true, accurate and unaltered repro ctionsphol/♦tt aphs that I took on. t .y w d 37gn`a a Date 5i ed Photo 2: Facing NE. Mr. Duffus claims that the berm, on the right, is forcing surface water to divert towards Mr. Dufius' property in the left. Arrows show purported diversion. Photo 3: Facing N -NE. This is the other side of the berm on Mr. Andrews' property. Per DDES reports and Mr. Andrews' status, the berm does not affect flows to and from the wetland. Photo 4: Facing N. Note the height of the ground surface on the left side of the photo. The area on the right side has been excavated. KING COUNTY WATER AND LAND RESOURCES DIVISION DRAINAGE INVESTIGATION REPORT INVESTIGATION RFQUEST PROBLEM: �.��.�r1 - ! r% , iL Type rol Received from: NAME: ADDRESS: LOCATION OF PROBLEM, IF DIFFERENT: Access Permission Granted ❑ Call First (would Like To Be Present) El �'r YARI.';"rlir"'.7` Plat name: Other agencies involved: Lot No: Block No: No field i -\JG6.L-2�=a 13. 6 I/a S T R Parcel No. 3 Kroll 'fb.Bros: New RDP Basin Council District �_ City Charge No. RESPONSE: Citizen notified on�� by: phone letter in person ,,1eUr ijli j16 9Z411E-R KC urlcL wt97- o""as GAN 6er ��� �'� F�� t'e�l �r Yv �flJi1E �,� S'r9z�c �t�1�rv/riz�� 00 P-1 CC h 1A10C "t',6A r,an,J AvCevE13. DISPOSITION; Turned to on 1 — by OR No further action recommended because: Lead agency has been notified: Problem has been corrected. No problem has been identified. Prior investigation addresses problem: h� SEF, FILE it V Private problem - NDAP will not consider because: WL-flz 9CAVe-1L e"Cicy-' Water originates onsite and/or on neighboring parcel. Other (Specify): DATE CLOSED: 5 1 /ei By:IJfo 7L ed- Zrr KING Cly WATER AND LAND'R>m1RCES DIviS](ON DRAINAGE INVESTIGATION REPORT PROBLEM:Page 1: INVESTIGATION REQUEST ��f't n1 �tr� Type C I\fED l3Y; . Date: o OK'd:46- Received from: FILE NO. NAME: (Day) -10+-7';S (Eve) f l �l PHONE ?�5 ADDRESS: /�T State Zip Location of problem, if different: Reported Problem: CALL FIRST [X (Would Like To Be Present) vu t to -b U(PPS 6 -kA . T" wruk-L�- aD�o WO Luo ckA � evx Inas r1D(xk�. CA fF 6 6 n k ><WA_,o quo re -1 uuaa-e.'lf l s vmk,�. 111AA uvi�14 (�4,' . 9f, a vO 4-k-� di W--� fi�2c l� p-V\.YS,/t Plat lat name:N �J i o: Block No: Other agencies involved: Na ; n t&L. C-V5+e- • No field investigation required (initials) TO BE COMPLETED by COMPLAINT PROGRAM STAFF . : - '/4 S T R Parcel No, Z g D7Ivry Kroll f O/ L. �Th. Bros: New �y Old Basin' Council District Lot•— Charge No. REsPonsE: Citizen notified on ff - %by:'� ephone letter in person ^L.d..--s� .a ti n ; �A- ��t �►� � t �r —, w-, n., nc�..s--� , Lam- y at'�-,�� �� ��' ✓ "�- �. C'1r T. t 0 I DISPOSITION: Turned to on / by OR: No further action recommended because: Problem has been corrected. No problem has been identified. Prior investigation addresses problem: Private problem - NDAP will not consider because: SEE FILE N Water originates onsite and/or on neighboring parcel. Location is outside WLRD Servic Ar Other (Specify): DATE CLOSED: $ ' ! f f' By: Complaint 98-0427 Broussard Investigated by Robert Manns on 7-1-98 Highlands at New Castle is the development name. The proposed development is located in the city of New Castle. The concern is the impacts to the roadside ditch and Cliff Broussards property. The R/D ponds to be built will outlet to the seasonal stream coming off the hillside and into the roadside ditch. This information is from Dave Brenton Construction, manager for the project. NTS 18" Concrete 18" clay 14111 Broussard '*... -• -49} .,.• Clearing Limits �.M SEASONAL STREAM 12" Concrete T SE. May valley Rd. 18" concrete May Creek <— To proposed 10 Dirt access road 1 121, PVC KING COUNTY WATER AND LAND RESOURCES DIvIS1ON DRAINAGE INVESTIGATION REPORT INVEsnC;A'I'ION REQUEST Type PROBLEM: RECEIVED BY: �5�, Date: II.3/1,A-r OK'd by: FILA~ No. 2005 Received from: (Day)G%( 2J—) (Eve) NAME: ,A)D.1ral ,)rJY��•f PHONE 2S5"T I GtS� ADDRESS: 760-Y 1-QX0 1111&' G City h76v7eltl State LOCATION OF PROBLEM, IF DIFFERENT: Access Permission Granted ❑ Call First (would Like To Be Present) ❑ 5c�� /�T:/�c�o CL's= CtoS-02] Plat name: Lot No: Block No: Other a encies involved: No field investigation re aired RCgN1PLI;T IItiY.CQMPLAINTPI,70G#t.Ah7;STA41 FI?';, 4 . 'A S T R Parcel No. 2 Kroll Th.Bros: Ne4ig�y RDP Basin Council District _ City Charge No. RESPONSE: Citizen notified on by: phone letter in person DISPOSITION: Turned to on / / by OR: No further action recommended because: Lead agency has been notified: Problem has been corrected. No problem has been identified. Prior investigation addresses problem: SEE FILE # Private problem - NDAP will not consider because: Water originates onsite and/or on neighboring parcel. Other (Specify): b �� 1 DATE CLOSED:;�w I �'.,.ty By. -V� a rr 605 143rd Avenue SE enton, WA 98059 -3753 `.:,r' Tel: 425-255-9405 �a�as oa7 / The Honorable Ron, Sims, Executive Metropolitan King County Room 400 King County Court House S 161fwd Avenue Seattle, WA 98104.3271 RECEIVED .SAN Z s- 2oas NSP lSzouvrw • KINS Cr DUE' fAurH tlova f d �- VwAP.t ' SU9)R .%,/ Mai RESPONSE FOR EXCC, SIG. RESPOND FOR EXECUTIVE REVIEWED BY a e. loot rsta� from heiahbor's property F.r I Dear Executive Sj mg: We liAOUOd with great interest to your exchange on National Public Radio ICUDKwith a caller who is experiencing flooding on her property, According to Mary 7o om Redmond she tried to work with her neighbor and county bureaucracy. We too have a similar experience- Recent activities diverted stuface water on to our property where water did not come before, First we tried to work with the neighbor. We also documented and photographed. Finally, after getting nowhere, we r tl xrequested- help from the county. So far to no ava0. As ba6kground„ we have been active in political matters, We have supported the SAO and more recently the CAO. We have tried to be part of the solution, I served on the "May Creek Citizens' Advisory Cgma ittee" for nine years. I learned a bit about surface water issues. In the early nineties I served on the "Advisory Committee - Supplemental Environmental Impact Statement for the Countywide Planning Policies," My wife served on your " B7xecutive Task Force on Transportation Concurrency" for over two years. Several years ago our neighbor cleared and graded part of his property to bring in utilities and build a house. Since that fall we have experienced surface water flowing on to our property from his property were none did before. When the neighbor applied for permits, DDES performed a small site drainage review. To qualify for a small site drainage review, he was required to agree to use specific surface water control standards, "best management practices," etc.. He also signed & recorded a "Forested Open Space & Native Growth Retention Area Covenant" that was supposed to limit the area he could clear and grade, However, Afore nermtts were analied for, the neighbor started clearing and grading. Therefore, the drainage review engineer did not sea the site as it originally was. - the original forest cover, -the original grads, etc.. Further, the area ultimately cleared and graded exceeded the drawings submitted with the NCiZA covenant, (Later, when that fact became obvious DDES simply requested that he submit a "revised clearing plan.,,) During construction It became apparent that the neighbor's grading and landscaping activities were forcing water on to our property. We requested a field review by the building department. A 0 001 4FHU 12:58 FAX 2062960194 KC EXEC OFFICE Z002 tupervisor came out. He stated that we had "a legitimate concern_" This was encouraging. But he then went on to state, `'we are only paper pushers you know, we really can't do much beyond that." He did dispatch a building inspector who issued a corrective action notice. Unfortunately the corrective action did not solve our problem. As the grade had been altered and landscaping berms placed, the water continued to be diverted on to our property. We requested second and third visits but the building inspector believed the problem had been solved. He ultimately seemed to take the nelibbor's side who has been blaming our probleau on mountain beavers. Mountain beavers have been here forever. Ye havenot had warer cow o e t a e m beavers or not The building permits were signed off and expired September 19th, 2002. In the fall of 2003, la�•t�ahcer the nermtts ggj d the neighbor altered and bermed the lower side of a wetland on his property in an attempt to keep the surthce water off his newly installed landscaping. This berming was extensive; approximately 100 by 3 feet, - about 3 feet high. This aitcration is now diverting the surface water on to our property to an even greater degree- than when the flow first began in later 2001. Early last year we contacted the Depwi ment of Natural Resources, Water & Land Resources Division. An engineer visited but did not'seem too concerned, took one picture an our property and no notes of our conversation. He did not seem to believe me when we told him where the water was originating from. In fact we had to call him back for a second visit and show him video tapes made over the last several years, The videos show the various altered grades, show the progression of the berms and show the water flowing on to our property where water has never flowed in the past. At least not in the 22 years I have lived here. Not satisfied with this result we contacted the DNR again. This time direct to Daryl Grigsby who I had met when I served on the May Creek Citizens Committee. A second engineer was it<unediately assigned. He listened sympathetically and also visited with.the neighbor. The engineer looked at the landscaping berms and the bermed wetland but does not believe they are the cause of our problem. ifis report makes some assumptions and contains some down right incorrect information. However, as he stated; "I have not had the luxury of seeing the site under wet conditions." We have. The diverted midbee water flow enters our property about 90 feet north of our sourly -east corner. The •direct rause is the combined effect of the landscaping berms originally installed and the recently bermed wetland about 80 feet inside the neighbor's property lime. This is not ars h1voll 1 natural discharge location. If it was, I believe, given the volume of water and soil type, there would be a delineated (eroded) flow course. Especially, as the KC "Sensitive Areas Map Folio" shows an erosion hazard overlay for this area. There is not now erosion; but theresoon will be if this diversion is allowed to continue. Like Mary -Jo, your talk show caller, we too get shrugs and inditl'erence. I get the feeling that county staff is trying to put the onus back on us. They seem to ignore'the fact that this problem is oaueed by a neighbor's actions both with permits issued by the county and illegally without any pamits. THU la.ao FAX 2082980194 KC EEC OFFICE �otne simple questions. For what purpose did the neighbor berm the wetland? Why did the county o nothing about it? Why, regardless of everything in county regulations regarding diversion of water from one property to another, is this allowed to comtiauO (See footnote) My wife and I come away from these field inspections and telephone calls with county employees frustrated. We have been made to feel we are liars in spite of our extensive documentation. We have tried to be reasonable. We have tried to work with the neighbor. We have tried to work with the county. We would like to get a satisfactory response and follow up fiom your office once action has been taken. Looking forward to your response. SincerMy. Ainew s ~. 425-255-9405 Footnote: See appendix C; "Small Stle Drainage Requirements, " King County 5S ace Water Desi M. MaVal September 1998. Sections C.2.3 and 0.2.4.4; "No erosion or flooding of downstream properties may result." Also DDES Customer Information Bulletins #12 and #29; #12 states, "landscaping conditions ... must not negatively impact your neighbor or any drainage way," page 6 x`-28 states, "Whether or not a permit is required, all clearing, filling, or grading ... must control erosion and protect adjacent properties." page 2 012I0S=WPramrioC . . 6 A. Duffus 9605 143rd Avenue SE Renton, WA 98059-3753 February 21, 2002 Randy Goinis Residential. Building Xhapector XiAq County Department of Development 900 Odkodale Avenue SW Renton, WA 98085 and Environmental Services Building Permit: DOILO907 @ 9606 143rd Ave 5E Renton, WA 98059 Parcel go. 032305-9073 Owner: Sohn and/or Marl Andrews Dear Mr. Coins Thank you for meeting with us on March lot regarding the non -historical flow of water from Mr. Andrews property on to ours. We appreciate your observations and your efforts to assist in resolving this issue. 'aha rains of the past geek again brought a chnnnel flow of water on to our property. This, at the same point we have been o♦oncerned about since this flow first began December 13th, 2001 after Mr. Andrews undertook extensive clearing and grading beginning last spring. Mr. Andrews complied with your raqueot to mitigate erosion and sedimentation through the use of strew ground oover. However, nothing appears to have boon done to rectify the diversion of the historical flow whioh now continues to channel on to our property. I remain comorned despite your efforts and the conditions of Mr. Andrews building pamit which specifically statesi *no erosion or flooding of downstream propertias may result." (partial copy ancloeed) The irony of this is thaty0__4= 42C "4=VAtrm of .or,,,. Andr g, The water flowing on to our property is a direct result of the clearing and grading aoti.vi,tios that have occurred during the past 12 months, The immedieto source of this water can be traded to the mouth -western edge of Hr. Andrewe olea<ring and grading at . 4 c the toe of the slope. There, the water is clearly diverted from its natural and historical path which was to the north- east. The dirt, rocks and vegetable matter that have been pushed to the edge of the cleared and graded home site are an obstruction which diverts the water on to our property. When you visited with us you said thAt Mr. hndrews would be required to take corrective action. The fiXj in part, was to control erosion through the use of straw ground cover and control the Plow by inatalli,ng perforated brain pipes. While the use of straw has reduced the 50dimentation there 0060 not 6069 to be any evidence of the installation of perforated drain pipe and if pipes were installed they are not effective. Furthermore, (see recent photograph enclosed) on DOCAMber 16th, 2001 we mat with Mr, Andrews to discuss the sudden flow of water on to our property which at that time had occurred exActly twice, bnae on December 13th and again on December 16th. Mr. Andrews immediately used his tractor loader to breach the clearing and grading debris line.and relieve the obstruction that was diverting the water on to our property. (see photo anclosed) Almost immediately, after his action, the flow on to our property diminished. However, suboaquent grading and trenching in that area has ra-established the clearing and grading debris obstruction and water continues to be diverted and to flow on to our propertyl Y want to add a further observation regarding the heavy rains of laot week. Despite these rains, we have not had abnormel flow, flooding or oven puddling of water any where else on our property. For example, when you walked the neighboring properties in March You observed that there was a wet area (deer migration trail) about midpoint on our southern property line. Last week this area was no wetter than usual given the rains. However, we experienood signifiO ant flow of water from Mr Andrews property 94 feet north of our mouth -east corner. Again thank you for your assistance.. l will calx you -in a few days. 5i, aerely, �� �►. Duffus enclosures: three A:\9o1ns04J702mswV Sleight, Brian From: Andrew Duffus [b1ueheron6987@hotma111.com] Sent: Thursday, March 03, 2005 1:08 PM To: brian.sleight@metrokc,gov Subject: DRAFT CCF report Duffus Hello Brian, we would like to preface our comments by stating we believe you are trying to do the right thing. Your research is helping us understand the situation even better than before. Hopefully all this effort will lead us all to a satisfactory resolution and conclusion. Separately we will be faxing two documents. Please include these with the report to Executive Sims. The documents are as follows. 1. A letter, dated January 24, 2002, from myself to John Andrews. This letter, the second of two I sent him, is a response to his reply to my first letter and my thoughts about the effects of the recently cleared and graded "spur" fork off the utility road. Unfortunately, Mr. Andrews did not respond to my second letter. After waiting an appropriate amount of time, and continuing to be effected by his ongoing activities, we reluctantly involved the county. 2. An undated "corrective action" issued by Randy Goins, DDES building inspector on or about March 1, 2002. This runoff erosion is from the "spur" fork off the utility road. Following are my comments on the draft report ###########################################3 To: File 2005-0066 comments regarding draft CCF Report From: Andrew Duffus & Jean Rollins Date: March 3, 2005 A thorough and thoughtful analysis has been cared out clearing up some of the speculation and non -issues. Yet there still remains some question and concerns as to the outcome. BACKGROUND: At the beginning of our initial meeting with Brian Sleight and Randy Sandin on February 8, 2005 Jean Rollins explained that we did not just wake up one day and decide to hassle our neighbor, Mr. John Andrews. In fact we had been cooperative and friendly neighbors since 1983. YET SOMETHING CHANGED, and "it all boils down to po or to the fall of 2001, when Mr. Andrews started clearing his property... 11 Before December::.13.,..:2001 'surface water did not flow on to our property from the Andrews, property at a point approximately 94 feet north of our south-east corner, (nor any where else in that area.) The clearing and grading took place in 2001. Therefore, the only logical:conclusion is that the clearing and grading on the Andrews' property caused the amount of surface water to increase and/or created a diversion of surface water which then began to flow on to our_property. Cause and effect! CODE VIOLATION The report states: "We informed Mr. Andrews and Mr. Foster that the work done in the wetland buffer was a violation of King County Code" we have three questions regarding this code violation: 1. when will it be issued? 1 2. Does it include the berm created on the wetland's eastern edge? 3. BUT MORE IMPORTANTLY DOES IT INCLUDE THE CLEARING AND GRADING THAT CREATED THE "SPUR"? The spur channels water directly into the gully that leads to the south lobe of the wetland. It is our understanding that, except under a waiver from the director, a residential building permit does not allow action that directs or diverts surface water to or from any drainage way. (DDES Bulletin #12) This "spur" is of key importance. Its creation had a significant adverse impact on the wetland's function. For what purpose was it created? This graded spur is obviously within the 25 foot buffer of this class III wetland, if not in the wetland itself. Further, it was not caused by horses as the property owner Andrews' claims. It should be pretty obvious from the field investigation that it was not created by horses. At least not in the last 15 years when the "nappy Trail" horse rides went out of business. (They did not actually go that way. Their, trail went along the most easterly edge of our property, then traversed to the west across the slope of the Blayden's property.) In fact, this spur was the subject of a DDES correction notice issued by Randy Goins who was following up on our complaint of water flowing on to our property. on his second visit regarding this matter, Mr. Goins walked up to the spur. He saw the freshly bladed tractor cut and recent erosion. As a result Goins issued a grading correction notice which states; "Install erosion control berms in area agreed upon where runoff is eroding soils. Mulch & seed to reestablish soil cover." As a side note Mr. Goins stated to us after he saw the spur; "Until I saw the "spur" I thought back filling the utility trench would solve most of the problem.', (Source: our notes taken March 1, 2002) Obviously, the recently created spur (2001). directing surface water into the little gully at the head of the wetland channel leading to the south lobe was a contributing cause. The resulting effect was more water flowing into the wetland than historically in the past. During the process of obtaining his building permit Mr. Andrews signed the "Sensitive Areas Notice on Title" documentation. That notice states: "This property contains sensitive areas and/or sensitive area buffers, as defined by the King County Sensitive Areas Ordinance, KCC 21A.24." ... Limitations may exist on actions in or affecting the sensitive areas or their buffers present on this property." Apparently during his construction activities he did not consult with any professionals regarding such matters even though I personally suggested to him on December 15, 2001, that this might be warranted given the circumstances. Andrews struggled during construction with his surface water management issues. In fact earlier, on Saturday, December 8th, 2001 Andrew Duffus spoke to ,john Andrews, (not about surface water.) During that conversation John Andrews volunteered that his, "real concern was the effect of the rain on his freshly exposed property" (cleared and graded). He said he, "had no idea it could be such a problem." I believe he was referring to the embarrassing flow of muddy surface water down 143rd and on to his neighbor's property on November 14, 2001. However Mr. Andrews denies some of his actions and apparently takes no responsibility for other actions. He has not in the past expressed interest in finding a real solution. He clearly violated the wetland. His actions are illegal. King County must pursue that violation to the fullest extent of the law. DUFFUS PROPERTY Mr. Gains was involved with our property on two occasions. First in 1996 when he was the building inspector for a garage we were building. The second in response to our surface water complaint in 2002. (Goins was also the building inspector for the construction of the Andrews' new home.) 2 When Goins walked to our garage on February 1.2, 1996, Andrew Duffus accompanied him from our driveway, across our lawn and into the building, a distance of about 125 feet. As he was performing an interior "firewall" inspection, he did not walk around outside the building. Despite the 5.5 inches of rain the previous week, Goins did not walk on anything more than a saturated lawn. The area is slightly domed (elevated) and is underlain by sandy soil. Consequently that area drains well and has never been subject to standing water! FURTHERMORE, in spite of the 5.5 inches of rain in February 1996, we did not have water flowing on to our property from the Mr. Andrews' property on the east.- We did not have standing water around our animal pens nor our pastures! - We believe Mr. Goins is mistaken in his recollection. we believe what he is remembering is his more recent visits of February 22, 2002 and March 1, 2002, when he responded to our surface water complaint. Both times he walked to the south-east corner of our property which was wet and silted because of John Andrews' clearing and grading. On both those dates Goins issued corrective action notices to John Andrews. THE WETLAND The report states: "Mr. Duffus thinks the east edge of the wetland was altered by Mr. Andrews' actions." Yes that is our contention. However, we believe based on observations (noted in the report) by Mr. Sleight and Randy 5andin and admissions by Mr. Andrews to them, that indeed "the east edge of the wetland was altered by Mr. Andrews' actions." Further, and possibly more importantly, 'we bel.i.eve that the southern head of the wetland was impacted by the clearing and grading activities that created the spur within the wetland's 25 foot buffer. Mr. Goins saw the spur at least twice, first on March 1, 2002 and again when he paid a follow up visit May 6, 2002. •His report of that visit states: "The swales (berms) created on the south slope 1/2 way up the hill appear to be holding.._" Howevbr it was now May and there had not been any significant storm events since mid-April. Therefore the long term effectiveness of the recently created swales (berms) had not been determined. THE POINT IS, MR. COINS WAS AWARE THAT RECENT CLEARING AND GRADING ACTIVITIES HAD CRRATED THE SPUR IN THE FIRST PLACE. WATER SOURCE The report states: "The amount of water flowing onto Mr. Duffus' property in his video is significant. This flow, or one similar to it, eroded a channel several inches deep in what Mr. Duffus calls the spur road just south of the wetland. If there had been no changes in drainage at the top of the hill, I would expect significant erosion from previous events to be visible and there are no signs of such erosion. The houses above Mr. Duffus were construction before 1990 so at least two storms in 1990 and several storms in 1996/97 would be expected'to cause similar erosion if not significantly more. There is no evidence and no statements from either party that such erosion occurred." The above paragraph as absolutely correct. Previous storm events such as occurred in 1990 and 1996/97 would have caused similar erosion, if not significantly more. As the spur channel was not cut until 2001 the only erosion that occurred on the spur was since 2001. Our photographs provided to Mr. Sleight and our video shows that the erosion was only several inches deep which demonstrates that the erosion was recent. I.e. Sometime after the fall of 2001 and when we took the pictures which was in January or February of 2002. This spur may be now partially mitigated by the installation of two berms or swales that Goins refers to in his May B, 2002 report. Also recently, January 20, 2005, Mr. Andrews told me that he, "constructed a `pond' up on the hillside last summer." However, he also 3 indicated in that conversation that he expected it would over flow in significant or prolonged rain events. Regardless, we continue to have surface water problems, most recently in December 2004 and January 2005. The creation of the spur in the first place, probably in an attempt to divert water from the utility road, has directed (channeled) more surface water into the gully at the head of the wetland. During significant rain events or periods. of prolonged rain the wetland becomes overwhelmed. It is receiving more water that it did historically and as a consequence is essentially "over flowing." Further, as noted in the report; "The amount of water flowing onto Mr. Duffus' property in his video is significant." +� Rth-IS;No"'correspandingly eroded channel on the Duffus property. If this s �-, s `gnificant water flow had been occurring for some time, i.e. prior to December 2001, then it would be expected that there would be evidence of past flows in the form of a defined channel or at least greater erosion and siltation than there currently is. FUTURE CHANGES Possible future changes do not change the fact that Andrews' clearing and grading activities effected surface water flow. Just because something is proposed does not mean it will happen nor does it offer a guaranteed solution. CONCLUSIONS We are a little puzzlea by some of the report's statements in conclusion #1. The report states; "I (Sleight) would say it is more likely than not that Mr. Andrews' actions did not significantly alter the drainage paths in this area ." However in two places in the report, disturbances of the wetland are noted: 1. In the discussion about the code violation. (BACKGROUND) 2. The .results of the survey of "The southern cross section suggests the berm did encroach on the wetland at this location" (SURVEY) Further, Mr. Goine of DDES saw for himself the recent,grading of the spur on March 1, 2002. He discussed the issue with Mr. Andrews, and issued a corrective action notice on or about that date. SUMMARY Separate actions taken by Mr. Andrews make it difficult to know which action produced what effect on the drainage way. However, we do know that cumulatively there has been a negative effect to our property. Significant water flows onto our property where it did not flow before December 13, 2001. We and the county know the hydrology has been mucked with at least 5 times. First, during the initial clearing and grading in 2001. Second, after November 14, 2001 when silt laden water several inches deep flowed from the Andrews' property down 143rd Avenue, into his neighbors yard and on in to May Creek. Third, as acknowledged by Andrews in his letter to us of January 17, 2002. And again, in early February when his utility trench was dug. Then in 20D3 when he bermed the eastern edge of the wetland. After reviewing the history, the videos and the photographs with Brian Sleight, the pieces of the puzzle have better fallen into place in our minds. The actions taken immediately after the November 14, 2001 incidence began to effect the hydrology of the drainage system which now causes water onto our property where none was before. 4 We surmise after all we have reviewed and learned that after the embarrassing flow of water on November 14, 2001, Mr. Andrews did the following: When significant amounts of water flowed down his utility road, he was determined to abate the flow. °We ''stxongl`y 'NOW believe lie make a fork in that flow of water by grading the "spur" to the gully at the head of the wetland. Now the water he had unleashed by clearing and grading was split into a fork. Tess water flowed down the utility road but instead followed the spur. The water that was diverted via the spur came down the little gully and into the wetland. That wetland is approximately 40 feet from our property line. By diverting water into a wetland he has caused that wetland to be overwhelmed and it now flows onto to our property. King County Code is clear, wetlands can not used as ad hoc retention/detention ponds. Surface water discharge to a wetland is not allowed if the discharge increases the rate of flow, ... . (King County Code 21A.24.330 H, 1.) Essentially Mr. Andrews is attempting to use the wetland as a retention detention pond without doing it right. The water he has unleashed is now having a significant adverse impact on our property. We strongly believe, in addition, to remedial action that may be necessary regarding berming on the east side of the wetland, remedial action must be taken regarding the increased surface water flow into the wetland head at the south. For both these violations enforcement action must also be taken. Brian Sleight's analysis supports the unraveling of this puzzle: 1. His statement of no signs of erosion: "If there had been no changes.in drainage at the top of the hill, I would expect significant erosion from previous events to be visible and there are no signs of such erosian." Therefore changes in drainage at the top of the hill have definitely occurred recently since there is no signs of significant erosion from previous events as there would'be if the present drainage flow had been going on for more than the recent past. Brain Sleight acknowledges recent erosion on the "spur" therefore this change in the drainage way is a violation of King County code and needs to be resolved. 2. The analysis is inconclusive. However , "an unexplained issue is the amount of water flowing down the hillside." We strongly believe that even if Mr. Andrews' actions have not altered the flow of water leaving the wetland it is highly likely he has altered the amount of surface water flowing directly into the wetland. 3. The mountain beaver are not to blame. "Mountain beaver could have changed the amount of water'coming from this spring but it is unlikely they created it any time recently." Unfortunately Mr. Andrews is not forthright about the actions he has taken. We believe he has been creating excuses all along. Randy Goins saw the spur and Brain Sleight has photographs of the spur which showed evidence of grading not channeling by horses' hooves. Thank you. Sincerely, Andrew Duffus & Jean Rollins enclosures: (faxed separately) I. A letter, dated January 24, 2002, from myself to John Andrews. This letter, the second of two I sent him, is a response to his reply to my first letter and my thoughts about the effects of the recently cleared and graded "spur" fork off the utility road. Unfortunately, Mr. Andrews did not, respond to my second letter. After waiting an appropriate amount of time, and continuing to be effected by his ongoing activities, we reluctantly involved the county. 2. An undated "corrective action" issued by Randy Goins, DDES building inspector on or about March 1, 2002. This runoff erosion is from the "spur" fork off the utility road. E King County Ron Sims King County E=xecutive 701 F fth Avenue, Suite 3210 Seattle, WA 96104 206-296-4040 Fax 206-296-0194 M Relay: 711 www.metrokc.gov February 28, 2005 Andrew Duffus 9605 - 143d Avenue SE Renton, WA 98059-3753 Dear Mr. Duffus: Thank you for your letter of January 18, 2005, regarding the diversion of surface water onto your Property. Due to the technical nature of your inquiry and the need for coordinating meetings with Water and -Land. Resources staff and the Department of Development and Environmental Services staff, I have asked Pam Bissonnette, Director of the Department of Natural Resources and Parks, to investigate your concerns. If you have any questions in the. meantime, please feel free to contact Brian Sleight., Senior Engineer with the Stormwater Serviees.Section in the Water and Land Resources Division with the Department of Natural Resources and Parks, at 246-296-8025. Thank you for taking the time to write and for bringing this matter to my attention. Please do not hesitate to contact me again if I can be of any assistance. erely, w tns King County Executive cc: Randy Sandin, Engineer IV - Supervisor, Lind Use Services Division, Department. of Development and Environmental Services Pam Bissonnette, Director, Department of Natural Resources and Parks (DNRP) Brian -Sleight; Senior Engineer; Storniwater Services Section, Water and Land Resources Division, DNRP King County is an Equal Opportanity/Affirmalive Action Employer and complies with the Americans with Disabilities Act"m" (i) King County Water and Land Resources Division Department of Natural Resources and Parks King Street Center 201 South aackson Street, Suite 600 Seattle, WA 98104-3955 206-296-6519 206-296-0192 Fax March 15, 2005 Andrew Duffus 9605 - 143rd Avenue Southeast Renton WA 98053 Dear Mr. Duff -us: As he mentioned in his interim letter to you of February 28, 2005, King County Executive Ron Sims has asked me to respond to your letter of January 18, 2005, regarding surface water on your property. I asked staff in the Water and Land Resources Division (WLRD) to work with staff in the Department of Development and Environmental Services (DDES) to investigate this matter. I understand that staff from both departments met with you and Mr. John Andrews, the owner of the other property in question. The results of their findings are in the enclosed report. Because a thorough investigation could not determine the impact of your neighbor's construction activities, and because conflicting statements from'multiple parties cannot be confirmed or disproved, it is not appropriate for King County to ,side with one party or the other. There are other avenues of resolution for this type of dispute such as mediation or arbitration. The intent of the King County Code is to reduce impacts relating to property development by specifying minimum standards that a development must meet in order to receive approval. It is possible for a development project to meet all applicable codes and still have an impact on neighboring properties and the community in general. King County is continually evaluating development standards and updating said standards whenever necessary. If you have any questions regarding the investigation, please contact Brian Sleight, WLRD Senior Engineer, at 206-296-8025. If you have questions regarding code enforcement, please contact Randy Sandin, DDES Supervising Engineer, at 206-296-6778. 4.46P.— Andrew Duffus March 15, 2005 Page 2 - Thank you again for bringing this matter to our attention. I appreciate the opportunity to respond to your concerns. Sincerely, Daryl Crrigs y Division Director Enclosure cc: The Honorable Ron Sims, Ring County Executive John Andrews Randy Sandin, Supervisor, Land Use Services Division, Department of Development and Environmental Services . Pain Bissonnette, Director, Department of Natural Resources and Parks (DNRP) gBnawSleight Senior°Engineer; Stormwater:Serviaes,Section;-Water and.Land Resources Division; DNRPR February 22, 2005 TO: File 2005-0066 FM: Brian Sleight RE: Duffus CCF BACKGROUND This investigation is in response to a letter dated January 18, 2005 written by Mr. Duffus to Executive Sims. I was instructed to contact Randy Sandin at DDES to coordinate the investigation. Randy and I visited with Mr. Dufi`us and his wife'on February 8, 2005. We met with Mr. Duffus' neighbor, John Andrews, and C. Thomas Foster, who is in the process of purchasing the property, on February 11, 2005. Cindy Torkelson and. I met with Mr. Duffus and his wife on February 14, 2005 to look at photos and watch video Mr. Duffus had taken of the impacts to his property, then survey on Mi. Andrews' property. I visited the site by myself of February 23rd to look at the wetland with my survey in hand and look at the drainage system in Southeast 100'h Place. During the February 8 visit, Randy and I listened to Mr. Duffus and his wife relate the history of their property and looked at many documents Mr. Duffus has accumulated. Mr. Duffers related many dates with different impacts to his property. A detailed chronology of construction activities, off site activities, and observed impacts might shed some light on this matter but it all boils down to prior to the fall of 2 00 1, when Mr. Andrews started clearing his property, Mr. Duffus says he did not get concentrated flow onto his property from the wetland on Mr. Andrews-' property. After Randy lefi I talked with Mr. Dufl'us and his wife for a while then drove to the top of the hill to look at the drainage system above Mr. Duffers. I walked part way down the hill before I realized I was on Mr. Andrews' property and left because I had not yet contacted Mr. Andrews for permission to enter his property. During the February 11 visit, Randy and I listened to Mr. Andrews relate the history of the development of his property. Mr. Foster talked about his development plans for the property. We walked'up the hill to Southeast 100'h Place and back to the house. We informed'Mr. Andrews and Mr. Foster that the work done in the wetland buffer was a violation of King County Code. We talked about a possible resolution to the code violation and the timing of said resolution. Both Mr. Andrews and Mr. Foster indicated they were willing to pursue a resolution. During the February 14 visit, Cindy and I watched home videos that Mr. Duffus had taken of water coming onto his property and looked at photos taken on his property and Mr. Andrews' property during construction of Mr. Andrews' home. Cindy and I then performed a survey in and around. the wetland on Mr. Andrew's property. I visited the site on February 23, 2005 to view the wetland and surrounding area with a copy of my survey in hand. I also took a closer look at the drainage system in Southeast 100 Place. DUFFUS PROPERTY . The Duffus property has a steep slope on the southern portion and a relatively flat area on the north portion. At the base of a slope, where the animal pens are located, is a wide Swale that slopes generally east to west. The wetland on the Mr. Andrews' property is located at the head of this swale. During a previous investigation, Gary Reinke, DNR.P, contacted Randy Goins, DDES, who had performed the inspection on both Mr. Dufl'us' garage and Mr. Andrews' home. Mr. Goins.conumnted to Gary that he remembered Mr. Duffus' property was wet in 1996 because he had to walk in certain areas to get back to the garage. Mr. Duffus believes this comment is not an indication of the normal state of his property because the site visit occurred on a day at the end of a seven day storm that dropped about 5.5 inches of rain on Mr. Duffus' property. ' URVEY . The purpose of the survey was to see if any clues about the pre -construction grade of Mr. Andrews' property could be obtained. There are several large trees that had work performed around them but the root crowns were not buried or exposed so they are good indicators of the pre -construction grade at the tree base. Two cross section of the wetland were also surveyed. Elevations of trees that are only a few inches different are not significant. However, there is a line of trees about 150 feet east of the out side of the wetland that are consistently at least 1.5 feet higher than trees nearer the wetland on the same general cast west line. The line of high points suggests water did not flow to the east where it could infiltrate into the highly infiltrative soil on the east side of Mr. Andrews' property that he spoke of on during our visits. The northern cross section suggests the berm did not encroach on the wetland at this location while the southern cross section suggests the berm did encroach on the wedand at this location. THE MXILA AND The wetland mapped on Mr. Andrews' property has two lobes that generally point towards Mr. Duffus' property. I'll refer to them as the south lobe and the north lobe. One surveyed cross section went from the property line, across the south lobe, over to the upper section of the north lobe, and over the berm. The survey confirmed higher ground between the two lobes. I walked around the wetland with'my survey in hand on February 23`d. The spring described below in the mountain beaver section discharges into a defined channel that leads to the south lobe. There is an area where the water infiltrates then resurfaces'a few feet down slope but other than this section, the channel from the spring to the south lobe is continuous. None of the work done by Mr. Andrews' affected water from the spring flowing into the south lobe, Water that reaches the south lobe must either infiltrate, evaporate, or flow overland to Mr. Duffus' property. About 30 feet down slope from the spring mentioned above, there is another series of springs. These are located on the mapped wetland where there are two 90 degree angles in the wetland boundary in the southeast area of the wetland, Currently, these springs generally flow into the north lobe. There are many. undisturbed trees to the north and east of the north lobe of the wetland. The elevations of the trees and visual observations of this area indicate that water that reaches the north lobe must either infiltrate, evaporate, or flow overland to Mr. Duffus' property. While walking through the wetland, I noticed that the ground in the wetland was wetter and softer than areas outside the mapped wetland. There were areas in the wetland where I sank into the soil up to'my ankles but there were no areas out side the wetland where I sank into the soil. There has been no suggestion by either party that the wetland has been inaccurately mapped other than Ms. Duffus thinks the east edge of the wetland was altered by Mr. Andrews' actions. CATER soultc' An unexplained issue is the amount of water flowing down the hillside. The amount of water flowing onto Mr. Duffus' property in his video is significant. This flow, or one similar to it, eroded a channel several inches deep in what Mr. Duffus calls the spur road just south of the wetland. If there had been no changes in drainage at the top of the hill, I would expect significant erosion from previous events to be visible and there are no signs of such erosion. The houses above Mr. Duffas were construction before 1990 so at least two storms in 1990 and several storms in 1996197 would be expected to cause similar erosion if not significantly more. There is no evidence and no statements from either party that such erosion occurred. The only obvious source for surface water in Mr. Duffus' video and photos is a pond on the property immediately south of Mr. Duffus. Mr. Andrews says this pond was drained quickly through a six or eight inch pipe by workers of the owner during the fall of 2001. This would explain the one time nature of the erosion and the amount of flow would be comparable to that shown in the video, however, I do not have firm dates, to say if the video and the draining occurred on the same date. During our February 11 visit, we spoke with a man who lives at the corner of Southeast 100"'P lace and 143`a Avenue Southeast. He said the catch basin at the Northwest corner of that intersection is prone to clogging with leaves in the fall. An asphalt berm has been added around the catch basin but it looks like water can bypass the berm in high flows and overtop the berm if theinlet is obstructed. On my February 23rd visit, a small portion of the inlet grate was obstructed and grass had atarted to take root and grow from the obstruction suggesting it had been there for a while. The next catch basin up the street is set high itt the gutter and water appears to flow around it in low flows. If these inlets are obstructed, runoff from at least 12,000 square feet of roadway will flow towards the Andrews wetland that would not flow there if the inlets were not obstructed Any water that bypasses the drainage system in Southeast I00'b Place will eventually wind up on the slope above the wetland on Mr. Andrews' property whereas, if the water were to get into the drainage system, it would flow to the east and not affect either property. I have no confirmed dates as to when the inlet was plugged so cannot make any conclusions as to the reladonship.of water flowing onto Mr. Duffus' property. 5(6111.f1tot.!m3tT\V1:4 I Another unresolved issue is the presence of mountain beaver on the hillside. Both parties acknowledge that mountain beaver live on the hillside. It has been suggested that mountain beaver have changed the drainage pattern of the subsurface water. Literature on mountain beaver says they like to have water in low areas in their burrow complex to help keep them cool in the summer. I have had experience with mountain beaver draining water through their burrows at another site in the plat of Swan Lake Estates. At that site, it was obvious water was draining into the burrows which were 4-6 inches in diameter. The head of the wetland on Mr. Andrews' property has a spring coming out of a hole about 1-2 inches in diameter. This is too small to be an entmnoe or exit to a burrow complex but could be the result of water flowing through the burrows then piping through the soil. The existence of the wetland below this spring suggests that this spring has been at this location for a long time. Mountain beaver could have changed the amount of water corning from this spring but it is unlikely they created it any time recently. The bottom line is that any change attributed to mountain beaver is pure speculation and there is virtually no way to confirm if they made an impact or not. a-1 Itel7 mrWe GULO L Mr. Foster is buying Mr. Andrews' property and several properties up slope from Mr. Duffus. This area is scheduled to be annexed into the city of Renton in the very near future. Mr. Foster has been working with the city and he has preliminary plans to subdivide the properties and construct about 28 homes, including some on the south portion of the Andrews property. The project will also run sanitary sewer up the hill for the new houses and make it available for the existing homes to connect to it. CONCLUSIONS 1) In the absence of further information, it is not possible to conclusively prove whether Mr. Andrews' actions caused more water to flow onto Mr. Duffus' property than would have if the wetland were not disturbed. Based on three factors, I would say it is more likely than not that Mr. Andrews' actions did not significantly alter the drainage paths in this area. First, the line of high . elevations 150 feet east of the wetland make it unlikely that water flowed east of this line. Second, The south lobe of the wetland was unaffected by Mr. Andrews' actions. Third, and probably most significant, the existence of the north lobe indicates water had been flowing to this area for a long time. Wetlands are not created in a few years. They take a long time to form the hydric soils characteristic of wetlands. If Mr. Andrews' actions in 2001 were what caused water to now into the north lobe, it would not be classified as a wetland yet. , 2) The draining of the pond on the property to the south of Mr. Duffus almost certainly was one of the instances where water flowed onto Mr. Duffus' property. The outlet of the pipe from the pond is not far from the area Mr. Duffus calls the "spur road." 'there is evidence of surface water flowing down the "spur road" and flowing into the wetland right above the uppermost spring that feeds the south lobe. 3) The drainage system in Southeast 100'h Place certainly appears to be prone to plugging. Minor improvements to the system such as installing high flow grates and adding or beefing up berms around the catch basins would likely significantly reduce the number of times blocked inlets allow extra water to flow towards the Duffus and Andrews properties. 4) From a surface and subsurface water standpoint, the development of the property to the south of Mr. Duffus will likely reduce the amount of water reaching his property. The development will have -to construct flow control facilities. It is unlikely these facilities can be discharged at the top of the slope without creating significant erosion so they likely will be conveyed down the slope in a tightline to discreet discharge points. The water that will flow into these facilities is currently infiltrating and adding to the subsurface flow which expresses itself as springs on the lower hillside. In addition, as existing homes are connected to the sewer, water that was going to septic systems and adding to the subsurface' flow will be directed into the sanitary sewer. March 3,_2005 UPDATE: 1 sent this report to Mr. Duffus and Ms. Rollins prior to forwarding it: They responded back with their comments. I have carefully read throdgh their comments twice. Their comments and two documents they faxed to me are attached to this report per their request. One valid point is that the violation of the wetland buffer includes the area at the southern end of the wetland. I have emailed Randy Sandw and asked that he include this area when actions to resolve the violation are performed. The comments provide some new information and some alternative interpretations of information already known. However, I do not believe that there is any new information that conclusively proves Mr. Andrews' actions, other than the wetland violation mentioned above, are in violation of King County Code. I do not think the new information gives rise to any further actions against Mr. Andrews than are already planned.. This is not to say that Mr. Andrews,' action did not have the impacts that Mr. Duffas alleges, only that l do not think the information available is enough to convince a Hearing Examiner or higher authority beyond a reasonable doubt, or even by a preponderance of the evidence, that additional code violations exist. 9605 143 Avenue UE Renton, WA.980159-3753 January 24, 7002 john Andrews 9696 143rd Avenue -9E Renton, WA 98059 Dear Jahn; Thank you for doing what you did to quickly redirect some of the water flowing from your property to ours. Also, thank you for your prompt reply to my letter of January 15. Xp s Mat In YBIA, On the afternoon of December 16, you breached with your tractor loader bucket the small temporary pond on the west part of your property, not far from our south-east corner. This pond was collecting water from your southern slope and draining north-west on to our property. Your action to change the flow in your backyard was accommodating. The results of you efforts were almost instantaneous -as the volume Plowing on to our property diminished. However, during rain storms water As still flowing on to our property in 'an, area which is approximately 94 feet north of our SE corner property stake. ,John, this is not about seasonal wetne$a. Much of the ground in May valley is wet during the rainy season. This is about a surface water flow that did not occur prior to your recent clearing and grading. We appreciate what you have.done so far and we appreoiate what you are promising to do in the future. -.we sense in your timely actions and your reply of January 17 on -underlying feeling of concern and cooperation. We understand that you are willing to continue'to address the situation. This is all we -ask for. We must protect our property rights. We can not let our property become subject to surface water flow where -a We do not want the significant consequences of saturated soil and erosion, nor adverse affects on our drain field (and reserve drain field), We will not let our property become a wetland: On January 6 we had a relatively minor rain storm. surface water transversed from your property ata point'94 feet north of our SE corner. Except for December 2001, this has not oocurred'in the Past. Had this been a regular occurrence (ie. aver several years or more) there would be evidence of erosion (even, ever so slightly). zn other words; there would be same defined water channel.. Lack of erosion on our property is evidence that this flow has not previously occurred. N r 9605 143 Avenue UE Renton, WA.980159-3753 January 24, 7002 john Andrews 9696 143rd Avenue -9E Renton, WA 98059 Dear Jahn; Thank you for doing what you did to quickly redirect some of the water flowing from your property to ours. Also, thank you for your prompt reply to my letter of January 15. Xp s Mat In YBIA, On the afternoon of December 16, you breached with your tractor loader bucket the small temporary pond on the west part of your property, not far from our south-east corner. This pond was collecting water from your southern slope and draining north-west on to our property. Your action to change the flow in your backyard was accommodating. The results of you efforts were almost instantaneous -as the volume Plowing on to our property diminished. However, during rain storms water As still flowing on to our property in 'an, area which is approximately 94 feet north of our SE corner property stake. ,John, this is not about seasonal wetne$a. Much of the ground in May valley is wet during the rainy season. This is about a surface water flow that did not occur prior to your recent clearing and grading. We appreciate what you have.done so far and we appreoiate what you are promising to do in the future. -.we sense in your timely actions and your reply of January 17 on -underlying feeling of concern and cooperation. We understand that you are willing to continue'to address the situation. This is all we -ask for. We must protect our property rights. We can not let our property become subject to surface water flow where -a We do not want the significant consequences of saturated soil and erosion, nor adverse affects on our drain field (and reserve drain field), We will not let our property become a wetland: On January 6 we had a relatively minor rain storm. surface water transversed from your property ata point'94 feet north of our SE corner. Except for December 2001, this has not oocurred'in the Past. Had this been a regular occurrence (ie. aver several years or more) there would be evidence of erosion (even, ever so slightly). zn other words; there would be same defined water channel.. Lack of erosion on our property is evidence that this flow has not previously occurred. N A This flow. first occurred during December 2001 after you cleared and graded at least: 3 acres, plus a utility path and trail.e to the aDuth. It iB this utility path and s short gradeed - spur northward to the top of the 20 foot erosion line on your western Property that May be causing the problem that we are still experieno.ing. you Pay in your letter that -you intend to mitigate ..this and will thi's next year. We do not know if you meats this year (2002) or next year 20037' Thia =ay be: they squZae of the much of the remaining ,problem. We are most anxious to know when Will- you be working on it? And, . Bpecifically, what wily.. you do to fix it. You said in your tetter that you changed about half the'flow. We believe the retaaining volume comefro .the western part of your property. When .you breached the small pond that was gathering water tram the mouth east and south w8st, you radi.reatad the flow. an Undo- The problem may narrowed down to where you oute 'path to . bring city water to your new home. This out, ��thft t at t has also become a new path ror surface water to -follow. It seems you already realize, this,, as You Gay you intend to mitigate. A King county building permit and underlying regulations, establish certain conditions for' a single family residence. 'Phase regulations require the applicant to "control erosion' and protect adjacent propertieo.n. Further, these activities "must nCt negatively impact your neighbor.' Residential site Engineering Approval Conditions (Small site Drainage Review) condition's -440 specifically addrekises Sheet -Flow Dispersion (storm water run off). - . We would like to work with you to solve this without'involving the County. What specifically do you Reel can be done to fix the prob2en long term?. If that works and the problem. goes away, great! If it doG6 not work other -solutions must be found. We would appreciate your response by January 30,. 2002. Again, thank you for your understanding and cobpcazstion. sincerely, ANDH02IImswU012401mswU KING COUNTY WATER AND LAND RESOURCES DIVISION DRAINAGE INVESTIGATION REPORT INVESTIGATION REQUEST PROBLEM:_ E P-6 6 - RECEIVED RECEIVED BY; T_- 1?-N,/V6 ok-"l by Type Received from: �? (Day) �' e? J 1 (Eve) L NAME: �IAPC�( icy j-lMNrEPAIANPRONE ZZ - r-? y ADDRESS: 13 70 3 SCA1,4_Y am 16 City State zip LOCA'T'ION OF PROBLEM, IF DIFFERENT: i . � Alu'oC Access Permission Granted ❑ Call First (Would Like To Be Present) ti wc'00�6i-S��Z l5 1-') , ?>Au6KrrLFk . C�,i,�C IlN�:� ��sc C� grvrry zizCe OXAcUk. � f "r�.ECK. flay F4 11 c r< 5 S e2tEK O&iry 6,A) MCJWt4 S Plat name: Other atter 4 S Pe l✓ involved: Lot No: Block No field investigation reauir, T R Parcel No. -3 1-2- tC) % ~ I066 Kroll Yl.;O_ Th.Bros: New RDP Basin Council District_ City RESPaNSE: Citizen notified on 1 l104 by. \,L- phone Charge letter _ in person DISPOSITION: Turned to on I I by OR: No further action recommended because: Lead agency has been notified: j< L. 1)61'T ICv,+4)S _ Problem has been corrected. No problem has been identified. Private problem - NDAP will not consider because: Water originates onsite and/or on neighboring parcel. DATE CLOSED: I I Z- I t5'7 By: '�- l��l"E�kEh ';p It�CAJS Prior investigation addresses SEE FILE # Other (Specify): Complaint 2005-0778 Zimmerman Investigated by Andrew McDonald on December 18, 2006 I spoke to Mary Lou Zimmerman's daughter, Jerri Wood. She was concerned that trees from a King County owned tract that had fallen in the wind storm would be a threat to her mother's residence. The trees had fallen across May Creek onto Ms. Zimmerman's property. The KC property in question proved to be under the custodianship of King County Roads Division as a staging area and drainage tract for improvements to the roadway adjacent. I contacted Bernie Thompson at Roads and he referred the property owner to Bill O'Connor who was able to have an arborist on site within a day. The arborist determined that the trees that had fallen were not a threat. No Sketches or photos provided due to no site visit. DING COUNTY WATER AND LAND RESOURCES DIVISION DRAINAGE INVESTIGATION REPORT Pagel: INVESTIGATION REQUEST / GG'TTLCr Date: 6111197 OK'dby: Vi -ti Received from - . CD Type if (Day) �3 (Eve) NAME: Fn,,L✓MAi PHONE /-?�~ 0 ADDRESS: zip �Q�✓ 0�W Location of problem, if different: Reported Problem: CALL FIRST r"" (Would Like To Be Present) � re /� uJ�T/�i.J 7�/i< Cr -r-Y' o uC A/1� Pr r ill 19 C ( /Tv Co. r� r:✓ rt. ss o �. 7-,-� Cq vs -)leer [pYiP ,elN� L Cry Jr xa1F>D S T`U Cela L '' C'C'i v y. ate" /E���Te •v� v/Lr I.�-1r�� ��" T/Yr7U �1o'-✓S DUVA (,t— � L7l�1- ,s. �D� ✓�yG`b u�v,7c--�z Tim— . y j) 1A � nf�� / Pr r C Ic ,� ✓c -T pr` ?lam C4osr • i Plat name: Lot No: Black No: �([ Other ag/e(n�ci/e�s�involved: No field investigation required T: .• _, .. ,r°f ,_. - S�'ynw,rnYit!i�L",ri.17V:f"111i\IYnT-�:AIIUT LD A�"�D�A'IL�-CTA, G�L•.a11.,Sir ..t.��:a�1,. '1 _Ii r,..Y.r.-i i _. `iZ .. 5��� 2 iii 14 S T R Parcel No.,34"")-4'4 5 ` {"�� `�G! Kro114-DW Th.Bros: New Old C11.. Basin lU Council District � Charge No. ................................ 4......................., .......... ............,...,....................... ................... .................... ......----......................._.............................................--'--................._....,..................... REsPONsE: Citizen notified on 7 —�7 by: e phone letter in person L -J s 4 [�O k CY-�c C�� *A1 0411 i.t..-e.1-1 � ��� �L,t G•� ct. �y� Lz,x4_ W ��l '�Y srtN-4--40 DISPOSITION: Turned to on I I by OR: No further action recommended because: Lead agency has been notified: Problem has been corrected. Q Noproblem la�ien s been tified. Prior investigation addresses problem:' IV fi t'M/l L ✓C o�/ SEE BELE i# Private problem - NDAP will not consider because: Water originates onsite and/or on neighboring parcel. Location is outside WLRD Service Areat Other (Specify): DATE CLOSED: ! / r7 By: DEPARTMENT OF NATURAL RESOURCES KiNo CouNTY Department of Natural Resources Water and Land Resource DMilon LOCAL. DRAINAGE SERVICES UNIT NAME: PAUL, FOGLEMAN ADDRESS: 13815 SE MAY VALLEY ROAD LOCATION: CITY RENTON ZIP 98659 PHONE 2354934 COMPLAINT 497-1009 INVESTIGATION DATE: 6-11-97 REPORT DATE: 6-17-97 MAIIr"i'F.NANCG DIVISION: 2 RECEIVED 64-97 THOMAS HROS.:626114 PARC9L N 3424059099 PLAT: FACILITY 0 INt71AM. DCD PHONE LOG: LFI' MESSAGES ON 6-8-97,6-10-97,8-16-97 ONSITE 6-11-97 OWNER NOT HOME. 6-17-97 MEET WITH PAUL FOLGEMAN AND HIS FRIEND DOUG. Mr. Fogleman owns 3.9 acres along May Creek. May Greek nma through The middle of his property. Mr. Fogleman has lived at this residence for two yeah and has experienced the channel of May Creek change course. According to Mr. Fogleman the channel has changed courses do to the nt¢of'&nm the City of Renton's Park property and the drainage along Coal Creek parkway. I walked the area scrow May Creek with Mr. Fogleman and his thernd Doug. Mr, Fogleman showed me the area that he thou& was causing the problem. We walked up a small ravine area that was heavily wooded and Fogleman pointed out a old pipe that was laying in the eroded channel. It looked to be an old water line pipe line. The pipe was in a 10 foot section and had a smooth bora. I couldn't sea a invert of a pipe but the water was Qoming out ofthe hillside into the eroded channel. Mr. Fogleman and myself drove over to Coal Creek parkway to look at the drainage along the west shoulder. Fogleman claims the water has been diverted with a pipe the county put in a few years back. I noticed that the road grado in the area had not been disturbed. The section of Coal Creek Parkway that Fogleman was concerned with was untouched and looked to be at least ten years old or older. I told Mr. Fogleman that I would look into the pipe location and when it was put in. As far as the parks property on the city of Rrmon that issue would have to be taken up with the City of Renton. 6-20971 checked the 9i° floor for plans in this area an the ninth floor of the admin. building, No plans for this area of Coal Creek Parkway, I wiii search the records with Road Maintenance. . _ Appendix V Conceptual R/D Design for Future Platting of Rezone Area Encompass Engineering & Surveying Now Partnered with Balma & Holmberg Western Washington Division 165 NE Jurilper St.. Suite 20t. lssacjah. WA 98027 Phone (4251392-0250 Fax: (425) 3913055 Eastern Washington Division 108 East Z' Street, Cle Eturn, WA 98922 Phone: (509) 674-7433 Fax: 1509) 6747419 JOB tlmf� Ne F-2 -1-V tie 10 .1; ?- G SHEET Nd. 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".0 ....... i ....... 4.1.1-i i ....... ....... ..............:.......j..5..4....... ....... ... .. ...... ....... ....... ....... ....... ....... .. ............. . . .... 0 7-P ....... ....... .... ? ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... i ....... ....... j..... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ...... ....... ....... .................... ........................ I II I 1 I r � I ------------- e5; / 7� ____ e5;//R�- ?Zvv� Pondcalc Worksheet 1 Enter site information in the yellow highlighted cells 2 Verify no error message is displayed 3 Results are displayed in Green Box 'Note: pondcalc will not work for negative landcover conversions. pondcalc does not handle existing EI or TG very well. Disclaimer: This spreadsheet Is provided without warranty of any kind. Use this spreadsheet at your own risk. All facility sizes should be verified using KCRTS software. Rainfall Region LA {either ST or LA see rainfall regions map) Scale Factor: 0.90 { 0.8 - 1.2 see rainfall regions map} FC Level: 2 { 1, 2, or 3 see flow control app map) rreaevelopea Landcover Postdeveloped acres type acres 5.2 0 TF TP 1:�ai�n"�` " TG 1.8 EI 3.4 YF= till forest, TP = till pasture, TG = till grass, Acreage Check: gross adjusted usted Acres Error Messages iverted cover 5.2 0 1.8 3.4 = effective impervious post pre 5.2 5.2 5.2 5.2 Storage Estimate: s ,4.2 Inches'per converted acre _ 4:2 Inches per gross acre Y 118 ac -ft' 18,663 cubic -ft.' THIS SK1TCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH, UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. NX. YdiH 8T d Chicago Title Insurance Company =kil G F7LEDFORRECORDATREOUMOF re 1, ML TO „7 WHEN RECCIRDED RETURM TO Q . Name ..._....-_AW „EStR01f OF SO..SEJS. A 1 kC. ....... .................. c", .,,...— ....i? Addren_.....u.... . cn,,atutczlaSeattle�YA o Escrow 111479 ORANGE amirutory Wwmnty Deed a - a s.............................. i THIACE PROVIDED FORM �. k C?; G �.1 tr 0 ter Uj MAY 2 3 Nn X-174522 . TnE GRAAI'POR S CARL G, GORDON and PATRICIA A. GORDON, husband and wife Sar�ndinwmidantioaat TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION In hand pnld, Conwyn and warmate to DAVID T. ORANGE and KERRY ANN -ORANGE, husband and wife the following dwnbed red cost%utwkad in the CMA7 d King .��dWeehin=lan: The Korth 190 feet of the East 285 feet of the Southeast quarter of the North- east quarter of Sgction 3, Township 23 north, Range 5 East H.M., In King County, Washinnton; EXCEPT County Road; AND EXCEPT that portion thereof describes as follows: Beninninn at the Northeast corner of said subdivision; thence North 880011270 nest along the North line thereof 30.40 feet; thence South 1026'22' Hest aloha the Westerly margin of 148th Avenue South- east and parallel with the East line of said subdivision 100.00 feet to the true point of beginning; thence South 84101'27' Hest 170.05 feet; thence South 1025'22' Hest 84,00 feet; thence South 88001'27" Fast 170.00 feet to said Westerly margin of 148th Avenue Southeast; thence North 1025122" Fast along said margin, 40.00 feet to the true point of beninning; EXCEPT all coal and minerals and the right to explore for and mine the same. Situate in the County of King, State of Washington. 7eacription: King,WA Document - rear.Month.Da,y.D0c_1D 1978.523.695 Page: 1 of 7rder: 30045843 Comment: �' _ i :)ascription. Sing,WA Document - Year. Month. Day.DoclD 1978.523.695 Page: 2 of 2 lyder: 30045813 Caumlant. n SUBJECT T0: East'rurnts, restrictions, reservations and agreements app of record, If.any. >(>ated......... .........._..................... ..... ..-.........ts7B.. STATE OF WASHMI TON B1ATE OF WASHTNCTON . as COUNTY OR.._.._.—._...—_...._---... aL On this day persnnatly appeared before me On this _.._.."..»»..._ day of .."..... �...... .�._..._.._..--.--..._... 19..—..., ' moors 030. 1 undersigned, s Notary Public in and for tha State of Wmtr CARL G. and PATRICIA A. GORDON _...._......_._..:......-----.».__.»._ .._. ._. __ hmton. duly commissioned std Pmrn, personally appetred---------�...._". to me known to be the irdividuot described in and _ _ __..---.—••--,—•--..._—,_ ,,,, T who executed the within and faretoing instrument and ocknowlyd that ..CI12Y..... signed rhe coma I!4.!. to M known to be tis■ ■s ... C._.. tee s voluntary set and deed, respsctiveb. far tPe uses and purpvf 'thrmin mentioned. the corporation that executed the forriming instrument. and acknowtrdted the instrument to he the free and voluntary act and deed at said corpor• r said ■tion, for the um and purposes therein mentioned. and an oath sated that _._ authorised to execute the acid instrument and that the sal iVEN under n%7 hand and alncial seal this 1 - affixed is the corporate met of said corporation Witmrat hand hereto day AM .. dFy of ft.—. ....... 1978 my and offic al seal affixed the and year ■bete rritten.-. Notary PuNic in and for the State of Wasp- Nelsry Public in and for the State 4 Wsrhinirtun. in0gch residing at__SEattlE_»_..—_.....__.... residing at.._.......»._..»...».. ....... _..... »............—._.�.... ' wN•29 :)ascription. Sing,WA Document - Year. Month. Day.DoclD 1978.523.695 Page: 2 of 2 lyder: 30045813 Caumlant. e•. > When recorded return to: NEWFOURTH LLC. 19129 SE 145TH STREET, RENTON, WA 98059 Escrow Na.:00013901 20070427002930.001 E2280915 it �;�o:�e meas OF Got Statutory Warranty Deed THE GRANTOR DANIEL PECK and PATRICIA R. PECK, Husband and Wife, as to Parcels A and 0 and GARY L. THRAMER and COLLEEN THRAMER, Husband and Wife as to Parcel C for and in consideration of Ton Dollars and other valuable consideration AND AS PART OF AN I.R.C. SECTION 1031 TAX DEFERRED EXCHANGE in hand paid, conveys and warrants to NEWFOURTII LLC., A Washington Limited Liability Company the following described real estate, situated in the County of KING, State of Washington: SECTION 3, TOWNSHIP 23 NORTH, RANGE S EAST OF SE 114, NE 114 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF, SUBJECT TO: EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF RECORD Talon Group 43(02 S A dlvislon of First American Title Insurance Company 1 /3'1 Tax Parcel Number(s): 032303923305, 032305910609, 031303932207 Dated a a AW 1/ STATE OF WASHINGTON COUNTY OF KING as I certify, that I know or have satisfactory evidence that DANIEL PECK and PATRICIA R. PECK and GARY L. THRAMER and COLLEEN TnRAMER are the persons who appeared before me, and said persons acknowledged that THEY signed this instrumamt and acknowledged it to be THEIR free and voluntary act for the uses /and /puaposes mentioned in this instrwocrat. Bated, [.(JLJi�.C..,•,C✓ ��a _ 1 s-'-- ANS GvAa+ = g101V �+ a e'=;::�5 fig'•. O aO7Apy 9�st Z 4 W U PU130G �.O$ -Y 5-29.01. ``0 1+'+1 Ofi wAs�```�' Vmon Fong SDD0I iVA'Ra Notary Publir Stab of"Washington Residing at MY appoin fires: l.t'8-10-05 {F -t) Page 1 of 1 20070427002938.002 Exhlblt "A" Real property In the Unincorporated County of King, State of Washington, described as follows: PARCEL A: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER IN SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMET'T'E MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 190 FEET ALONG THE EAST LINE OF SAID SECTION; THENCE NORTH 87626'08" WEST 204 FEET OF THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89026'08" WEST 325 FEET; THENCE SOUTH 01025'22" WEST 231.66 FEET; THENCE SOUTH 87026'08' EAST 175.035 FEET; THENCE NORTH 01025'22" EAST 66.56 FEET; THENCE SOUTH 87026'08' EAST 150 FEET; THENCE NORTH TO THE TRUE POINT OF BEGINNING. PARCEL B: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF SAID SUSDMSION, 370 FEET TO TRUE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG THE NORTH LINE OF SAID SUBDMSION, 404.69 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION, 428.12 FEET; THENCE SOUTH 87026`08" EAST 245.625 FEET, THENCE NORTH 102522" EAST 231.66 FEET; THENCE EAST TO A POINT 190 FEET SOUTH OF TRUE POINT OF BEGINNING; THENCE NORTH TO TRUE POINT OF BEGINNING; PARCEL C: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN TONG COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDMSION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECnON, 190 FEET, THENCE DUE WEST 30 FEET TO TRUE POINT OF BEGINNING; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 174 FEET; THENCE SOUTH 1025'22' WEST 171.56 FEE?; THENCE SOUTH 87026'08' EASE 174 FEET; THENCE NORTH 171.56 FEET TO TRUE POINT OF BEGINNING, ALL IN KING COUNTY, WASHINGTON. Tax Parcel Number: 032305923305 and 032305910609 and 032305932207 When recorded return to: Tung Q. Ma and Huong Thl Luu 19439 Southeast 213th Strael Renton, WA 98058 THE GRANTOR(S) E2428754 02/12/2010 14:19 KYTpx COUNTY, WA 3,120.0/ SALT $175,010.00 STATUTORY WARRANTY DEED Growth Capital Parfiers II, LLC dba Builders Capital Mortgage PAGE -001 OF 001 TdC.'OR TTiU 20100212000760,001 for and in consideration of Tan Dollars and Other Good and Valuable Consideration In hand paid, conveys, and warrants to Tung Q. Me and Huang Thl Luu, husband and wife the following described real estate, situated in the County of King, Stats of Washington: SEE EXHIBIT A ATTACHED HERETO (The SE 1/4 of the NE 114. STR 03-23-05) Subject to easements, covenants, conditions and restrictions shown on Exhibit "B" as thereto attached and by this reference made a part hereof. Abbreviated Legal: Tax Parcel Number(s): 032305-9194-02 Dated: February 11, 2010 Growth Capital BY: Chris B Chris Mask II. LLC dba Builders Capital MDrtgage member STATE OF Washington COUNTY OF King On this day �r 'lL of RZt• ` oe'7 befDra me, the undersigned, a Notary Public In and for the State of Washington, duly commissioned and swom, personally appeared Chris Blakeslee and Chris Maskill to me known to be the Manager/Member respecthrsly, of Growth Capital Partners, LLC dba Builders Capital Mortgage the limited liability company that executed the foregoing Instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said Ilmllod liability company, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said Instrument. Wl s my ha=aqdqiaI. this the �l 7yN-ary Public Commission Expires: (SEAL) E■mwNo.: GM2102-E �7 day of waar'YA S LP8 1045 1114111'\\\\�\ 20100212000760.002 File No. 6442962-E Legal DeserlpUon Exhibit "A" The land referred to herein is described as follows: That portion of the southeast quarter of the northeast quarter of Section 3, Township 23 north, Range 5 east, W.M.. In t9ng County. Washington, described as follows: Beginning at the northeast comer of sold subdivision; Thence north ea°ol it west, along the north line thereof, 30.D0 feet: Thence south 0162522" west, along the westerly margin d 148th Avenue Southeast and parallel with the east line of said subdivision, 1 DO.DD feet to the True Paint of Beginning; Thence south 89°57'14" west 170.05 feel; Thence south 01°25'22" west 84.00 feet; Thence south 88°01'27" east 170.00 foot to sold westerly margin of 148th Avenue Southeast; Thence north 1°2522" east along maid margin, 90,00 feet to the True Point of Beginning. Commitment Number. 6442962 E7WIBfT 0 24100212040760.003 11. Any rVft, interests, or claims which may exist or ertse by reason of the following. matters disclosed by survey, Recording Date: October 11, 2004 Rovording No.: 2oD41011500011 Matter: shown: Possible encroachment of a horse pasture affecting the soulhwiy Portion of said premises, 12. Any rights, intww1a, or claims which may exist or arise by reason of the following matters disdosed by survey, Reoording Date: May 13, 2006 Recording No.: 20080513800001 Matters shown: Possible encroachments of a meandering hop wire fence affecting the rwrlheriy, westerly and 5oulheriy boundary lines 15. Declaration of Covenant for the Maintenance and Inspeckm of Flow C x*ol BMP9 and the terms and conditions thereof Recording Debt: September 14, 2046 Recording No.: 20DWO14001508 16. Ordinance No. 5456, an ordinance of the Ctty of Renton. Waahingion annexing certain territory of the City of Renton and the terms and conditions thereof: Recording Date: May 18, 2008 Recording No.: 20080519000816 IT. Resarvallons and exceptions contained in the deed Grantor. Northam Peak Railroad Company Reoording No: 343309 Reserving and excepting from sold lands so much or such portions thereof as ere or may be mineral lands or contain coal or Iron, and also the use and the right and We to the use of such surface ground as may be necessary for ground oparatlons and the right of access to such reserved and excepted mineral lands, Including lands containing ord or iron, for the purpose of exploring, developing and working the land. D of�/ ALTA C mmftWd SmadWe a -aeawn 11 20090631001700.001 CHICAGO TITLE INSURANCE COMPANY ,2ess07 STATUTORY WARRANTY DEED Cc— y THE GRANTOR(S) DUANE 0. GOODMAN AND NICOLE M. GOODMAN, HUSBAND AND WIFE for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to JONATHAN N. SCOFIELD, A SINGLE PERSON the following described real estate situated in the County of KING State of Washingtoe: THE WEST 85 FEET OF THE NORTH 180 FEET OF THE EAST 870 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTIUTIES OVER AND ACROSS THE NORTH 15 FEET OF THE EAST 288 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MEFBDIAN, IN KING COUNTY, WASHINGTON. SUBJECT TO: SEE EXHIBIT "A' ATTACHED HERETO AND MADE A PART HEREOF TaxAccount Number(s): 032305819907 Dated; AUGUST2a,2000 DUANE 0. GOODMAN u?Cxoodmc� „� _ NICOLE M. GOODMAN LPB10/KLC/05WW '20090831001700 CHICAGO TITLE IJo 51.00 WHEN RECORDED RETURN TO BS/3l//ZZ008F15�01 JONATHAN N. SCOFIELD KING COUNTY, LIF 14701 SOUTHEAST 100TH STREET RENTON, WASHINGTON 98059 E2406414 8 KING COUNTY, IJATAXs SALE 5330;000.40 PALE -001 OF 001 CHICAGO TITLE INSURANCE COMPANY ,2ess07 STATUTORY WARRANTY DEED Cc— y THE GRANTOR(S) DUANE 0. GOODMAN AND NICOLE M. GOODMAN, HUSBAND AND WIFE for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to JONATHAN N. SCOFIELD, A SINGLE PERSON the following described real estate situated in the County of KING State of Washingtoe: THE WEST 85 FEET OF THE NORTH 180 FEET OF THE EAST 870 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTIUTIES OVER AND ACROSS THE NORTH 15 FEET OF THE EAST 288 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MEFBDIAN, IN KING COUNTY, WASHINGTON. SUBJECT TO: SEE EXHIBIT "A' ATTACHED HERETO AND MADE A PART HEREOF TaxAccount Number(s): 032305819907 Dated; AUGUST2a,2000 DUANE 0. GOODMAN u?Cxoodmc� „� _ NICOLE M. GOODMAN LPB10/KLC/05WW 20090831001700.002 STATE OF WASHINGT'W SS (� COUNTY OF !'taco, . ON THIS DAY DF�� 20�jBEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND POR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED 6144S -O, 6tvD"Afi ) irl, MA(", KNOWN TO ME TO BE THE INDIVIDUAL(S) DESCRIB D IN AND WHO EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT � SIGNED AND SEALED THE SAME AS ]? L_ FREE AND VOLUNTARY ACT AND DEED, FOR THE UW AND PURPOSES HEREIN MENTIONED. NOTARY SIGNATURE PRINTED NAME: lt5b 'aiCr! NOTARY PUBLICI.I N� AND FOR TH STATE OF WASHINGTON RESIDING AT IMa-1, 114L4�,� MY COMMISSION EXPIRES ON �/jl•-') �_j_1 u cn :i; v1 20090831001700.003 CHICAGO TITLE INSURANCE COMPANY EXHIBIT A EscrowNo.: 1286507 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 90 PURPOSE: WATER MAIN AREA AFFECTED: A STRIP OF LAND 30 FEET IN WIDTH RUNNING NORTH -SOUTH ACROSS SAID PREMISES RECORDED: JULY 29, 1960 RECORDING NUMBER: 5186622 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE: KING COUNTY WATER DISTRICT NO. 90 PURPOSE: WATER MAINS AND APPURTENANCES AREA AFFECTED: THE WEST 10 FEET OF THE EAST 31 FEET OF SAID PREMISES RECORDED: JULY 25, 1995 RECORDING NUMBER: 9507250456 SAID INSTRUMENT INCLUDES A TEMPORARY EASEMENT OVER THE WEST 30 FEET OF THE EAST 41 FEET OF SAID PREMISES. . RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 343309 mmenvnDA/arvo to 3 man$elio*d Mall Ta; WIL AM E. HORNE and MARYA.HbRNE 14704 8.E. Mh Shot Raman, WA 98059 QUIT CLAIM DEED R.eoldw 4 ft or arhlim a An=, re. trw Qrsflrmb; "no= no m.aoasaay mr tm ko duc�lpllon nld �m um onnrnpj henln wrdi � �uppeve br pn patter hrnta (7itANtMMWWJMEHCMmdMARYAHORNSmIafridal{areanOda HmhudandWail mdorbdpn *khad%do YRiISr,�dkdAi�1R irrT. 6aLHOOf adU YA.4MNiP.4dti ldrnbrdIMM UVINO WAdIWNTIOti rq lmre�Anda 4runmpladta p�cpap ln4no"ofo w,S1Wo( hwdAiFAPmvdlhUwpftvf0wL tnLet 'miba•:rw73KRARWhG �&�6flittA.MerthriFenlomdiglhNrsAraueudr daa.Ided fartvewnhac�i irknaese+b•I Asesw4imxlbedNs QJLW JOd681i=3Q$-MJ Tep�vnimm dllirramhh4mdelpwknmslhaemabdoe�q, and drf.+R+fie�rmalade4 � ima pd;er• od,hx. rog Wd&mdWwwfteo[ Tohawad4huld.4adAPS&�p=JsMWad, �ppirtar�e,mmft" DATFJ)mdddl%*WU6 r-`-&y-r-nneA ma, Wq&44 O6 + ow".w — arATR01 WAMMGMN CIDURYOt ONG CaM dgpmwAlbrgpmtdkm = WI IAM E HORM and hiARYAH0OMbmi-i- dtab$0bb9vl&m%j)d0 in and afn emavbd do Wbb ad IAremlm hahmmK ad dyberd�aldnmm.m SrmrWoAU"y6d and dx4 lhl mn mdpmporoltlrrdnmortimad UIYR1dW#riahr gdkWal&b_deyat OTARY I11alJC mdltr ' SlmarWM llyCarealnimie�_'i-�/•fA_ -, MARY [ORN4Orlom I ) 68. I.�C W M-NICIN [1�'1W llllO�lOJ1At0m 1 90CF09MM b10111Rtt-.—MIU boom Wee460oper Win lir Alurlei r - EJ533748 0 iPg7 .`�. .1 .., _ ... ,.... , _ . ,, i?i�/.. .. .'iv r. ��.-. w......� a �... :.?„} �;,:'".:.r_.. ::1::.. .0 ... �7.'�.. :t•��-1:^x.... x r. r .._...�—. ., . `.l � .. __ EXHIBIT A To QUrr CLAIM DEED VA&�ntuoMillem witin hmHORNEM GTRUSSTT.d�11190r t1,599t,Ind GM HORNS KA WAV OL MO RarOK w� plr;alp"An That porttan of Government Lot t, Section Is Towmshlp 27 North, Range S. Last V.M., In ItIng County, Vaahingtan, desCrlbld a$ follows: 900lnntng et the SouthaasR Garner p/ ;IA Govs►n"snt toe 1 which 10 South 01 23'22" hest 1119.15 feet from the Northaasc Corner of sold Section 30 thahCe North 011023472” poet JO 00 feats thence North 11001021" Meal Oarallel with the South Ione of sold Covtrnnent Lot .79.52 foot to the true joint of beglMing3 thaxe con0nufn4 North 08.01121" West 176.91 filets thinCe North 01.23'12" East 714.09 feset thanes South 42.0117!" loot 140.52 feed thongs South 02404'15" W141t 71).99 feet LO the point of beginning, records of :Ing County, WA*hengtlwll TOGlTNF41 WITH an easement for r++gresa egress and ut t l l t ass 70 feet In width being the Most 217,49 .'rot of e�i0 cast 301.40 feet III width of the 5outh 10 feet in width or skid Oovern"►ent Lot I. =greet ugn That portion of 6ovsrronbnt Lot 1, .eetl9n S, Townahlp 1) North, Roilge 5 East W.M., In Ring County, Washlnytan, described as follows: beginning at the Southeast corner of sold Government Lot 9, whleh is South 01425122" West 1169.x6 feet from the Northwest Corner of said Section) thence North 01625'12" East 70.00 feet) thine* North 11901.27" testy parallel with the South line of sold 94 Governmlht Lot, 807.49 filet to the true o*lnt of beginning, N thence contlnuingHorth 10001127" West 141.51 fast$ thence Horth 016,5'22" last 262.15 festa thence North 639pa'oa" East 111.19 feet$ thence South 11°Qt'17" East 411.31 foot to a oolnt from which the true point of bogtnning beer$ South 01926172" Meets thence South 01°25122" West 514.09 fest to the true point of beginning; TOGETKOR WIT04 on easement for Ingreso, egress and utilltlee 10 feet Q, wldth, being the West 415.09 fast of the test 475.00 foot of the soul 70 fist In width of sold Government Lot 1. t' S.LuaLs In the Countr of Xing, State of Washington. !including and subject to all matters of tacord. Page 2 a t• 20090618000952.001 0 rw CHICAGO TITLE INSURANCE COMPANY •`� STATUTORY WARRANTY DEED �Ifl 1283881 THE GRANTORM RENA M. SAUNTER A SINGLE PERSON for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid. conveys and warrants to MATTHEW FELLABAUM AND BETSY FELLAM M, HUSBAND AND WIFE the following described rea3 estate situated In the County of KUNG State of Washington: THAT PORTION OFGOVERNMENT LOT 1 OF SECTION 3, TOWNSHIP 23 NORTH. RANGE 5 EAST, WILLAMETTE MERMWU INIGNGCOUNTY, WASHINGTON,DESCRIBEDASFOLLOWS: BEGINNING AT A POINT NORTH B901 'Zr WEST, 30 FEET AND NORTH 0125'27' EAST. 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT tOT 1; THENCE NORTH 0125'22' EAST, 109 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01 2r2 EAST, 98 FEET: THENCE NORTH 8901'27' WEST. 138.20 FEET: THENCE SOUTH 0204'15' WEST, 98 FEET; THENCE SOUTH 8801'27'EAST TO THE TRUE POINT OF BEGINNING: (ALSO KNOWN AS PARCEL B OF KING COUNTY LOT LINE AOJUSTAIENT NUMBER 8811012. RECORDED UNDER SEE ATTACHED OESCRIPTION Tax Account Number(,): 0323059224-06 Dated: .LUNE 18, 2009 Al.� L.1 LP810MI.CMS2008 1. 1 I i 5 CANQ3 WHEN RECORDED RETURN TO p09T0�,�fi18000ao eiN a/�0 S4: 39 MATTHEW FELLASAUM K CMaI Y, YA 2411 NILE AVENUE NORTHEAST RENTON, WASHINGTON 88059 E2395475 W18/2@09 14:32 K COUNTY, 4A��bb 66gg�� ggyy . 1336:n86.06 PAGRUL OF 601 0 rw CHICAGO TITLE INSURANCE COMPANY •`� STATUTORY WARRANTY DEED �Ifl 1283881 THE GRANTORM RENA M. SAUNTER A SINGLE PERSON for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid. conveys and warrants to MATTHEW FELLABAUM AND BETSY FELLAM M, HUSBAND AND WIFE the following described rea3 estate situated In the County of KUNG State of Washington: THAT PORTION OFGOVERNMENT LOT 1 OF SECTION 3, TOWNSHIP 23 NORTH. RANGE 5 EAST, WILLAMETTE MERMWU INIGNGCOUNTY, WASHINGTON,DESCRIBEDASFOLLOWS: BEGINNING AT A POINT NORTH B901 'Zr WEST, 30 FEET AND NORTH 0125'27' EAST. 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT tOT 1; THENCE NORTH 0125'22' EAST, 109 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01 2r2 EAST, 98 FEET: THENCE NORTH 8901'27' WEST. 138.20 FEET: THENCE SOUTH 0204'15' WEST, 98 FEET; THENCE SOUTH 8801'27'EAST TO THE TRUE POINT OF BEGINNING: (ALSO KNOWN AS PARCEL B OF KING COUNTY LOT LINE AOJUSTAIENT NUMBER 8811012. RECORDED UNDER SEE ATTACHED OESCRIPTION Tax Account Number(,): 0323059224-06 Dated: .LUNE 18, 2009 Al.� L.1 LP810MI.CMS2008 1. 20090618000952.002 CHICAGO =E INSURANCE COMPANY Escrow Na.: 1263891 EXHIBIT A Title No.: 1283891 RECORDING NUMBER @909270305). SUBJECT TO: EXCEPTIONS SET FORTH ON ATTACHED EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN. e5o0WuuWvnoa 20090618000952.003 STATE OF MONTANA SS COUNTY OF j -}-j ON THIS - UP QDAY OF JUNE, 2009 BEFORE YE, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF MONTANA, DULY COMMISS1014ED AND SWORN, PERSONALLY APPEARED RENA M. SAUNTER KNOWN TO TAE TO BE THE INDIY_IDUAL(S) DESCRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT SHE SIGNED AND SEALED THE SAME AS HER FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES HEREIN MENTIONED. NOTA IGNATURE PRI NAME: NOTARY PUBLIC ! A F ,TH STATE OF MONTANA RESIDING AT MY COMMISSION EXPIRES ON SARAM BELL NOTARY PUBUC-WNTANA ;NIDAL %6 dhv 6t Wtntalish, w. -ft a MV Comm. Expka6 Marah 3t, 2013 20090618000952.004 CHICAGO TITLE INSURANCE COMPANY EXHI731T A Escrow No.: 1283891 RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NOR'T'HERN PACIFIC RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 193931 COVENANTS, CONDITIONS, RESTRICTIONS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN UNRECORDED SHORT PLAT NUMBER 7992. COVENANTS, CONDITIONS, RESTRICTIONS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN KING COUNTY IAT LINE ADJUSTMENT NUMBER 8811012 RECORDBD UNDER RECORDING NUMBER 8901270305. MEMORANDUM OF AGREEMENT , INCLUDING THE TERMS AND PROVISIONS THEREOF: RECORDED: RECORDING NUMBER: AUGUST 23, 2004 20040823001196 AMENDED MEMORANDUM OF AGREEMENT , INCLUDING THE TERMS AND PROVISIONS THEREOF: RECORDED: RECORDING NUM13ER: OCTOBER 27,2004 20041027002315 SELLBR'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS , INCLUDING THE TERMS AND PROVISIONS THEREOF: RECORDED: RECORDING NUMBER: ,TUNE 5, 2009 20090605000601 =fl wr/oxwlu w AFTER RECORDING MAIL TO: Paul & Tammy Mackay 14725 SE 99th Ave Renton, WA 98059 20051118002624.001 Filed for Record at Request of: The Talon Group, a Division of First American Title Insurance Company Escrow Number: 1-0503-146 - slaw Statutory Warranty Deed Grantor(s): Sierra Homes, Inc. a Washington Corporation Grantee(s): Paul F. Mackay, Ir. and Tammy Lytnt MacKay Abbreviated Legal: Portion of Oovemment Lot(s) 1, Seciton 3, Township 23 North, Range 5 East, W.M. Additional legal(s) on page: Assessor's Tax Parcel Numbe As): 032305-92$7-06 THE GRANTOR Sierra Homes, Inc., a Washington Corporation for and in consideration of TEN DOLLARS AND OTHER GOOD ARID VALUABLE CONSIDERATION in hand paid, conveys and Warrants to Paul F. Mackay, Jr. and Tammy Lynn Mackay, husband and wife the following described real estate, situated in the County of (King), State of Washington: • b:'I� tl • t ft'. i . 1 • 11 �4V.• r. a4 I b'. •: 1.1 as1 •• GRANTOR ACKNOWLEDGES THAT TITLE TO THE PROPERTY IS MARKETABLE AT THE TIME OF THIS CONVEYANCE. THE FOLLOWING SHALL NOT CAUSE THE TITLE TO BE UNMARKETABLE: RIGHTS, RESERVATIONS, COVENANTS, CONDITIONS, AND RESTRICTIONS, PRESENTLY OF RECORD AND GENERAL TO THE AREA; EASEMENTS AND ENCROACHMENTS, NOT MATERIALLY AFFECTING THE VALUE OF OR UNDULY INTFRFERING WITH GRANTEE'S REASONABLE USE OF THE PROPERTY; AND RESERVED OIL ANDlOR MINING RIGHTS. Document Date: 11!7!2005 Hots , c, Dan Finkbein , President �(Q� STATE OF WASHINGTON OLD REPUBLIC TITLE LTO.��� County of King SS: I certify that I know or have satisfactory evidence that Dan Finkbeiner is the person who appeared before me, and said person acknowledged that he/she signed this instrument on oath stated that hrJshe is authorized to execute the instrument and acknowledge it as the President of Sierra Homes, Inc. to be his/her free and voluntary act for the uses and proposes mentioned in this instrument. Dated this 2Ua5 r . _ ,.P (2 Carey L. Procto Notary Public i&find far the State of WASHINGTON Residing at Seattle, WA My appointment expires: 6/912006 E2170208 Kl/ eC� 1ti1 im 11in: S1 PA6'C0a7 OF eel �h Ktn County, Washington, described as foQows: B*n'tng at a point North 88°0127' West 30 feet and North 01112522" East SOLO That from the Southeast'comer of said 0overnment Lot'1; THENCE North 0102522' East 205.00 feet to the Tme P&t of Beginning; THENCE North 01°2572' East 109M feet;' THENCE North BMI'27" West 136.97 feel; . THENCE -South 02°4x'15" West 105.O0'*t THENCE -South 88°01'27' East 138.20 feet to the True Point of Beginning; (ALSO KNOWN AS Parcel A of King County ShorfPlat No. 07992 as approved on July 20,1970). SITUATE In.the County of King State of Washington. ABBREVIATED LEGAL Portion of Government Lot(s)1, Section 31 Township 23 North, Range 6 East, W.M. Tax Account Na, 032305-8257.06 END OF EXHIBIT "A" 20051118002624.002 I,`,amlim mliflh Lad e,t •wtarrtllli1030 YEOCt Ci. TH4 APACE PROVtOED FOR RECQRor;WB UDE: First American Title Insurance Company Filed far Record at Request of 89/02/24 N 1 7 13 RECD F 7.00 E44 CASHSLtP* .00 GENE R. HAUGEN and LEESA V. COUTTS0Address _ 9855 148TH AVENUE SOUTHEAST9CityandState RENTON, WA 98056wo f*T� N Statutory Warranty Deed Or - O jcz rz - THHERA,\TOR ALAN W. MOONEY and PEGGY A. MOONEY, HUSBAND AND IJIFE e_o ,a QD ror and in ronsidernfion of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid. conveys and warrautn lu GENE R. HAUGEN and LEESA V. COUTTS, UNMARRIED PERSONS r i the following described real estate, bituated In the County of KING State of LVaahingtan I THE LEGAL DESCRIPTION IS SETrORTH ON THE ATTACHED EXHIBIT A, UHICH BY THIS REFERENCE IS HEREBY INCORPORATED. IT IS COVENANTED AND AGREED THAT SAID REAL PROPERTY INCLUDES AS AN IMPROVEMENT THERETO AND111iFREON THAT CERTAIN 1981 KENTWOOD 56/24 MOBILE HOME, SERIAL NO. KW9002, AS PART i 1 SUBJECT T0: 1 i THE RESERVATIONS, EASEMENTS, COVENANTS, RESTRICTIONS, AGREEMENTS AND DEDICATIONS TO WHICH THIS DEED IS GIVEN SUBJECT TO ARE SETFORTH ON THE ATTACHED EXHIBIT 8, WHICH BY THIS REFERENCE IS HEREBY INCORPORATED. ' Dated February — 13th l9 89 ---.etsuGYV 4YUNNY— 1 - I e rATP OF R M"1 Na'I.ON::iwm f•at:rry u>•--Kix(i____ ....._ OF R•AS11INUMN rata"t'r' Or - F0athtaday'persnrulleappearedhefi,r►mt 041146 (lay perwarully mloTivared beft.ee rep On1hir dnyof IB Alan W. Mooney and Peggy A. before me, the undeni+nrd, a Nntuev Pa%* in and far the State of Wa■hin flan, dull cam- -Hooney— miasiarrd end ■warn, personally appeared to me knomin to be the Indhidualltl described in and w•ho -- rtecured the within and faninina inorrmorat. and and i acknowledged tbal GtLq_v■lened the •ame to me kmnm In he thr —Prsaidant and Sermtary, the' ,le��f "luamryacland dred. rrsPeMivrll.af for the uaaaand Purpaara therein -mentioned, the tarporadnn that tarntted thr foralp,lnt Inurrm■nt, end ecknanladlted the add Intttu• I ., t ` �i►" wafer„atP 'mh nflidol oral thin meat in he the froeand voluntary art anddtedasildcorpoation.fwtheu■et and puepasea •hand '6 t@-89 -- thrnia mwtfaatd, and on a■th,stated that Authatitad101111 t9thawldtnstrvmeRtondthalthescola[Medi■1Mtarparett5etafmid 36i Witmm my hand sad 9tliclal oral herata of od the day and year first obavv w*ttm G Notary luhfieinsml hinetonmldlntat �[4V}k Xe ttr. f Nuusy Pabilt In and r -7 1h, ii le of wa►hl.M mldiM aY Myt411t+e fi” mea s 3/28/P2 GPB• I o (alai l EXHIM A TO STATUTORY WARRANTY DEED {a 1haE gponion uF Go��ern�nr.rlt Lot 1 in the NorL•heast quarter of Section 3, Township 23 North, Range 5 f:csL, II.H., In Ding Counby, 4lashirg6on; N Ileglaning at point Horth 09 degre,-s O1 minutes 27 seconds West D 3(1,00 reef: and Horth 01 IIcgrees 25 miaul:es �2 seca„ds Fast; 30.00 fret from the Soj,tFjaast corner of said GavernmenL I_oL• 1; im thence florl-h hl dE -grees 25 u111uLes 22 zecunds East 109.00 feet, thence Horth 06 degrees 01 minutes 27 yecouds West 139.67 rest; Hii:oc;e South 02 degrees 04 minutes 15 seconds Fest 109.00 feet; East; 140.52 feet to Lhenca South 00 degrrel 01 minutes 27 seconds Ole point of beginning. (f um MUM AS Parc-PI C to 1,1ng County LuL Line A4juatmuljl. No, Be.11012, recordrd und'rr Rv:,urdiuy No. 011011'10305.} wv�l BXnlUIT d 70 STATUTORY NARRAN'rY 04CG . 1• nEuBIiVATft7N.i AI4O F:(CFl"1'10!1.1 I.Xpll[rr I U !N CONVgyANCF. utan�o►. Norther►► Pacific Railway (naw 13M:11nyton Morthecll, inc.) lir.czrd[ng fin. ; 19]93! Aa Col lows; Cxcepting and reserving entry the grantor, [tn successors anti wlLh nosign,, forever, all conl ar iron uupon or or in said land; Lagcther the use of such of the surfoca as may he necessary for exploring F.or and mining or otherw[se extracting and car ryir,y away (1Z the CC3 Ll the grantor, its and and assigns, sha11 pity to d L'I►e 1�rese+tt Iayal ow+►er or to their heirs, suc tho ►Parket value at Llto cessors of Lillie mining operations are commenced of such Portion of ti►o surfaca as may be coed Ear such opvvationt: or injured thereby including any i"PravOmerlta thereon, 2• C0VFNAN'r,, CONDITIONS, ni:,;'1'RICTlOI�s. EA5EIIENTS, DI;DICA-1-10.4 , N�•iES AflO AECIT'ALS, and the Lerms anu eondiLions thoceaf. Contained on tot; Llne Adjustment recordud; January 27, 1909 Itecortling No. ; 11901270305 �. Any ocher easements, restrictions, reservationn, covenants and agraemonln of racnrd, if any, AFTER RECORDING MAIL. TO: Address 5316 NE 24TH CT City. State. Zig RENTON, WA98059 20050328002474.001 11,11111 2474 Filed for Record at Request ofCHAFFEY CORPORATION I PO BOX 560, YIRILAND, WA98083 HE AM JOAN ;3�) 11 QUIT CLAIM )DEED 1C) THE GRANTORS) far and inconsideration of - ONE DOLLAR. ' conveys and quit cWmstto� pTgF.t1-w.9TTf�1�NF. ltVGATttA(I11f gI1F.OWNE.RS ASSnrT TTTnN- A the following d�AVr1S1�StateZUair iS'I�� GETCo�city �t' RAT I ON state of Washington, together with'all after acquired title of the grantor(s) therein: TRACT I, PLAT OF STUREGATE, AS PER PLAT RECORDED IN VOLUME 177 OF PLATS, PAGES 62-68, RECORDS OF LING COUNTY, WASHINGTON Ii�l,7 :'\?I+ViYi�f4� 1� I-�� 1.V�1J�4• AS A C0LJATFSY ;1^��-'' FIRST AlihEF?fk ANI TIT41 NSURANCE CO. AS89MFS NO UhBUTY FOR SUFFICIENCY. VALIDITY OR Assessor's Property Tax ParcellAcceuntNumber: 803540 0590 00 Dated: 3 -19 2405 GRAN0R: CHAF R N GRANTEE: STONEGATE HOA By `no . —. By ... B'9 By STATE OF ) COUNTY OP } L I oatily dw I know or have utkfbA ry rhdcm that( ' ! I ¢slue) the pm*g) who appared befora m4 aad rid pawn(s) tAnowledged that Q(Vtot )r) 4ved this ImVa=M as cam Rued that nnhuri:ed k saccus.Ib meati ar,d ukrawlad�yd it as me �/ {�' -_ -- of .UY� 7 J�i�' m 6: [!u"14.,s ind'vdlal��'fcTafiilcilVYrt�iBSftrlLe�ttisnd i5ifror:eimaGlawd IrtNds-im• .—� - ...... _...... , -, 5' 4k''stl'S5 ,�. r. .►�4 �,•� r y Af ; F { �'+ � S r"Ir� �ar•��, �:j yyp�vft LL '! A. law vft 414 171 1• T .k ti J htr]�'}► { 1 F { it �* r•. '� �f f'• r.�.( f� 1r, ..: ,.� ,Q, t l�.lift' t .1i '� � t 1�, ; i,.,t.w.'jny 64 Lov q �} r;. [ �. tl~ p �i •�. i��i ,N4S +tY� A ]lv ' 7,i( t1,gS I ji It b r.:"S.�ti'�i•'. � l�."4 tr:. S Mi�Xt�S 4 ��"� D •'� s!1 �. �'� r it• '�I,iP <� 5. 1 - ,sr� yn�-.'s '•:1 jK f.1 s4 T r 1�s r. �(1y/r n { •se ti �� � { r_ ri h•A� �. • '.r '�'-.� t-;. -rt L '. ��<.,'�� •'r�. L'r ?�� Ft { fi �`yy M�. .+ l ^� t_ rY�, •..;: 5.9 Deed. Al Ued ,r'anx 25 r 0i t(� :'2r . '� Vo ' .N 1 D ,is'ls �;' ? +� ,, .'. F, • . .. ��tsd • �;:�r � `'24 ,'0 5 �s . �Cort`:$�. •. ' ' �. �corxt;'tl© fis►?�'iesfi,6k!?r.8;' i;aot;:.Ex,�y 'rt. ao�ji:'org.t iizti 'niid.'uy'"ri. o:' ;30,x.•'1=cN8 cii''4iii4 'o° t7. �tr��i �:Ytt1�- -AiAhc to•.•uo •�ius iii:t$s'•g•�f:'•w ' To `. 1:F ?a i -(,1-Ark9(, n ' t�rrt�;,rr-i id :� , : rnnn o'f '; "'`9',' • �;;. $. k "cLat:e-�h!:r8by (,. :;c �, c tiinto u p '.arid ttt'har' h, attrl '�is,;ila�''•#',�'' 'l`: I. (ail 1.nrrr; c,, X� to-1T.�t:. ' ?,.a.t a �'. -anct 1 STTTT. n ilc'•.} (i o C'larrer 00 art:c►ci• to t'r,e • C q" i'"''.S:'''' A r� 'Tod' I.it.h .1dhq. �n `'to''lt -end t.o "h wnta'.!s 7✓ her },' zInd ci,P Im. ;'11 v ;.-mreo.1 -f )• mfi c'.�uze t ,t. ;esa• r ebt.i to be -at' rind - f t s n d a t t v he .h•to %aff ' and' &tt' by. Its' 9'ed . No' "ri'ts: lorjl .'+seal. - SFkit,t:1£ FP�B$eek�rs 'Ca�nDrnY, ; 5v }t" r..v ilimi►r; �.'. Its. :trrlildin* t ; A t t 6 a C P-Gi2l, r", g c7�',ir Co of X)Aa. `.irp 3 24 (15 by:' H'. T, H ,L)ld',C..I; 13 as- pr , :and 80&= a,4 ad'.'a o tit` "et t t:}: t't 'thdy wars . >:utchd.; k to se'' k ilia t'' +gin d.''iitftiti''t3ar# a':'f i fh's' cp p 'of od• r.ss bef Vfedt'k,�R- 3�urah :'}:P',:fn ari&`.ta'> •t:he`:::'' : Deed''' ., �.3 ,r;:tA a,..2G., U5 r 10 ;.3C .ttr; �'... . vol :?7y05 n.t?454 T.:11C' 1hatemitn :i. ''1.i'd� <rer oi' ,; -o I''.W hereby .:b' s . o " r�%.. • i.�r :t �� :�ttk � t o.' lli0. #i : anti im :y e'ts 'l, 9x.3:,•4, W' blk h tot: Tilllm- rob. AohooY W' oe ,'Add' • ... � •': •. --• • ' � .. • .: - _'.. �: = .. '•: ;' •. . , • :tti.'ih g:e •6f : 4;4,�:3G, •te":P+O¢�f.:- cit lid e.av •-a & T,Oaxi".•�Qmmllyr"-.'..:' Tiig �witai: to`h' hnd';tc l�ad'p'.tvtth.`a •�0nto:;a.1�., :�'.:iso... g ;fiirte ? (ib'by;d':i' a'yrido�rc�i'' bef•Villiaia: y'N' 40,.' i�r';tot� r D: r ' thy' A. e£ �f.'res. at 8.: Seal; i ed rune: 26• 05`,"1{t,:46':art• ' albl: �.l.�'•b"-'_, .(}p'n . $4011:. e�Fb ew, Id�ir: ?a::.e':= Y.t�e .F�c'r3ft Remi's`s ;t'}s�i't':is, •'.a': Brit ;r'i::t'o J�l�r:'1�18 $: r• : ';`''r"' �` t1�e;='i:fl:r;.;;o`3Zli.:dtiri recteesaear. 'tr.°'i'�#t a,P':t`. onti�aat:'a,!s' ria}ifl.:.: Ar.. o ttx."it, '2,13 ffbA rho' whptte rf�;htR':'ief • d�ly'>�t�oa'edd b�r;t�e ; . aozit��ic�:��lere'in expra13i3�d;gems h�x'Bin'after`dt��P;,.'t�a�is�i��;:i�p •t�'"Y ' ': a'. ;:d�tl+►. f and r.:�j'.. �r� { = t �t :e" ,�n .. pq �.:1, ��, fi}eaA al. lit:°i add :trp.., . 0 ta.,a�; Y.. .l • y� ''fid., :.�}x'e: S } ! � iiA., RE'' o. sin;: :.: in. !p° 23;1'2' :ii' 5;.R•w: o:Qrt' :: ia�ib;':.5;:,Z-, a.i :>t'natle :}s'^reto�.ce ,d':¢ut` o.r..Reitnii.'•cunst'moNY, 'oxiatg;'��'artc� aa'; •}::x�i't ��+•_ ,sd'�,iienC, :leiitti'-.be��,+tl!'`-Z,..�.��i15:• - - ,: .�id.r�st°n. i,rs�J.i":io ::rial�ivrtxy� Comr�ny '' ',• . • _ .. . ,. ,' ,. .:'8y�'•}i�ir1:�1"d.'�11��tty.-'i��Qali;,i�iit,,. e. :•''' .. .• rrl�:t�'�`t • R •Ft:1ge1Py "Asaletani:` • *,retary:' Jiin4 .10 r.05.::by"g. •. sd;' oorl; _bel. =Ft l ::t 1aric.)I a;' R Ca The SQi� Off' 2586932-2 &� of Seo 32 Tp8$NR7ep� k LOtA 3�4 axld S is Seo b 1'p 88 N it 7 ewM tOgthr with ahore Jae of the second alase adjoining ad lot 6, and beg at the quarter car on the N bi:•ry LA of Seo 5'Tp 25 N 8 7 ewmp th B 40 rb t.o a cedar past; th ewj,y thru Govt Lot a ax ad 9e.0 5 to the eubdiv In betty GOVt ..ots 2 aqd 3 of ad Seo 5 to a 4 lnah post 40 ft 8 of ad aor, th 1i tO pl of beg, excepting from ad prem rt of way or Dh10a9O Milwaukee and St. Paul Riy and rts, of viay for co road's, sit in kow The actual cash vat of the prem above pies and claimed as a hmstd Is the sum of x15,000@ subj to mtg in ALP., excess Of 110,500. ani other liens in excess of 4500. aimt YM kow Feb 11-3o by A.H.lfiingfield, bef leeilease Simtaon•9 np fcr sw resLat carnetlOn as ran 27=33 (ml Harry M,Westf 1, 537 3urke :3ld City) Rasa Peb 13- 3010•$6 4 _ $586933 Veb ig-So Charles G.Lopin and Henrietta M.l.opin to Postal Talegraph�0able company, of Wash Read of the sp the Bum of #6. in Can of woh we hby grakt to ed 09 the option to acquire from Rs for itself and its allied -and asgoolated eomponies, its and their respective sa at_.tbe hby agreed sum of o.loo, the Perpetual. rt to ergot sad germa�es�itly to maintain its poles, tease pOle a, guys, guy a$ub0, and dhors and all wires, vables, Dross -arras and fxtre required from time to no time for the Operation mt than of its oozounloation lieges, upoao aig and across the Ids now owned by us sit The 8&x at N8*• of Solo 3 Tp 23 iii R J<, Line to enter frpm ,500 ft;. to 700 ft 9 of nw our of above des prop, th run generally aoroas tt to as Dor thofI in towel of kow Axed also the rt' to trim REZ keep trimmed any trues -' aft and hertar, upon and in front. or such Ids and adjaaeat t*..ad,Coff lines when oonstd,. so as to ke ep the wires, aebler3 gnUarose-arms cleared on all sines at .alL- times for a space of at least .IS 'Inobje badon ad Coe electing to acquire such rts, suoh elidtldn e�hsY1 be not 10 ed to us in writing at Renton,' Push UD#R -within $v taxa Promthe date bora end •thupaa upon payC of the sum a,bovs xtamg.a lo7r suvh it at.wey sad rts., less .the amt pd•for' this 01064 as abeive' named, we will- prompt ly exo . and del t o ad Co an luso.: U:, this to, to be submitted by ad Co., du�.y oyle=g $uoh rt Of. -way and• rta and we hby . aov tht we are 4h -o owners s in • fss siiapl.w b f 'sa• Ids and 'have full poorer to grant thia option, wah ahall bind our h e=re adm and'asne. Charles G,Lopin 1 wit Serviette M.Lopin (not asked) mi op 559 Colman Bld) Rsmt Feb 13- 30 10-a8 5588534 Feb 11-30 Charles a.L891A and Henrietta M.Lopin to postal. Tale.- rap -h -Cable Go' mpa�r of Washington �x';! --- am as 03 --- �8. - 075 - ' The84 of X* of Seo 3 Tp 83 N R 5 111m town. of k -ow and also the rt to grim --- bal Ina aig eta as forte --- D Feb 13-30 10.25 8585935 Feb 10-30 $10.�� Fred M.Drloken and Ma,belle Alice Dricken, hw to ?A 'Be Wood Fp ay ubd qo to sp all intin the fdre G� Lot 8 dlk 4 of Paramount Park Add., aco to plat reo in Val 28 of plate, pg 46 reo of kcw, sit ia•: kcw Fred W.Dricken kaballe Alioe Drioken lww Fob 10-30 try Fred W.DrIaken• and Mabella.Alfcs-priokeiz, hw bef Emeraon H-Garrioo ap far aR res 'at 8 M:06% 87-80 {M g :204'46w; Grnh*3 i RN rti tvl r,a ti -_-. e O a a northpoint escrow + title The following document was not available at the time our Preliminary Commitment was processed. It has been requested from archives and will be forwarded to you when we have received it. Recording No.: 2586934 Thank you for your patience. vp ,00 3 . Ti,26 a R 7 owta The ;;h; of :.�.:'; ai ;s,:.,• u ps 3-4 unci :� iu :aa S r.p SU :j :i i onw tot;thr Kit;z .oto a 'o cna �aoond uLe a ld- oltliag sd lot 8• Lind 4139 nC 4E10 7 enrm tai � 0 "ft ,ta'6,,a dkir. b.;r la of qua 5 T� 25 [d F! y�.Co tato on LEto +' t'.;;UC of $ut7div.;:Tarkr, t th e101,Y thru sd liao , boa 161 iaou: oot' 4Q f :3 (1JVt' 'AL'8 4 l;u�i J o t•�.sd ;:Eaa b to u: a. p t" g ".,aty_,:.'>';'�<.:,:,�;. `.:cor til id to pl or uo,s• azuuptint, : rwt r,d prem rt o! wuy o! •.`UiiioeE,o ;il;.,uulteo acid 3t., vaul illy, nd vbra 0 nett'.. for oa rotes �ati�t sit • in kovryy f 14� 1 .'tkls 60Lutil'oueth val' ut file.pxeat:titiova,dcei[OsetElaor t fq „r� ti.rrY` U w;a r►um"at ti,1t3,t300::eubs to is g' r :':,t::c;=:'•ih;,` r w: '' Otisar liens its G%Qa13a 0 jpfJOG•:c{{ .• - '' .h•FJ: �itigfi Old;. oirrtt �.�".•:-::' ,� � ''�'V Tj 4,Ai'�'+ il.xxbw 1sow rob 11-30 by'd,.ti.t`IingflelAi "bar :'Jas�e :'s reg"pt rMutiaa as Tort g7-33 (!d1 lic�ltry l;,"West lulljt337,;'}„�+k� jj lYkO .ild slaty _-.:.•' ,.” - r � '' r A � �satt rou 1,.-30Tab a-30 "•'OYte�rleta C.i.^flirt and. Ijei>"t'1eLt�;Id.1.oPia•••:':•:';''`�:' r ,r4.s t0 : os tul Tele V 1:yitn-c3eable Cg1 PMV r -ol,� wt►sh:.: 'ltFod of the tap GiaB aut�.;ot.'t�:::ia''a0si ot'�uo:s.mea ilby;r�re tt4to te�d�t3Q3,f Ch8 option tosoquire'rl'=)tA;t18 xox iso3:i'•Eind.,its'ullie�d,etia `r, nuarxslcted aarrp0slle�O� 1CO",+1 ad th9ir rappeat1Ve an sit titt�:.ttby ,: tir�l } ft, ; eed +lars of ; 100.: the.per'patutll :rC ta'ere3gt aaa`geratanen�a3►is. t o umintain 1 to pulere, : boreiaO',pola.sr:,;Sw e a Y. daubs",r:;ad,<aiaoho>'e :'nerd ull wires, oaole�s.::arose-areaeae#nd';lxtrs .t�aquire9 far o erotiara".� thou 'DS itt3 'oociiaioutian..,liae•upt� time tilt) p e1i3 *ad aaroaA ;rhsa kds now ow d': DyC;�! ��. Thi 3Fz of ;ia Of 3etb` `�. TP:$3:N ;: �• LliI9 t0:e[1t4'.t'rbvl PE , 0. 7Ji1ubovO'+.dee3:..prap• trit b tl aeaarellly, .......... %-tt to esti our thor, in tows ot';.ko.W:''_::;., P ' �rr80 li e3EO� } y ,r }rM r1 Carlo 6100 the rt to trim-tinT:ceo tI'1ulmBd' iltft(Ir upon un,i in .Crvnt, at suotl:.ldtf 'tld,eriS jhaent'-ta eA iinne} �;ieu uanatd, as e:s to areata .'tl�o winos', _aeble.,e�ad<:c1r48t3arma.,:: ; cls orad ca ill asides :aE' ell Cisa�o,:rbr. ti;'apse ot.'tl.t l.eou y�.8 .:tAaheEEEa :Aid upon -od 0as elaating`Co noquiz'e nuOh'r.bs,,}esFoEn elOot.loEn e41i�11 a natiued to US 'in Writ iag.++t fietEatAni .Eei9h:It1' 8 rithip E vmE#e ' {, �; Prota the da�a 1to:• and.':zWpOn i0oEl pe�Yt,oP thr suta:abotre...... uoh rt o i' osay and sCo; :lases 1ho tit p�! !or ,t►>ia ��i i0a �'1E�lii�e' WO WILL prolgpp, giro esad d61 t o: ad fin` eln -tact sill't]4�'3m{ F;rI r' :to be sutrenittao! d hj.'ed"Coy-;dsi>wY _oyimg eiutih r :0T '. y ezrid .'rtEtr fil ' a_,. � e3nd the hby aov ttlt we ,+aro ttie oaaaaea is Pee sitapxe. nes,des,s ': atri hume� tull 'povo* to .-&autl this ,' peit�::, 'yah al�dil b ad'ous h - r E♦he�laa Q:i.op1 �f£� : Eta, titres }.idm and uanO :1tcnrieatm :.I "di t 1 aot n.131d ,' f :� 1 • ( i:Uk�d+ tF11 eip isSB Oala>tl 1 _ i ,� •�� ,� ',Ijrrk� 'Eamt eb l.r- • s Che�riese c.Ldpia und. haariesytu }l,.Lopitl': ,, f } L to ?octal - Telegreph»C7.Q 4oiutpni�r::a•t..Wnat�i�sgtoa s rr ,1 i 933 » v'S•. -' .��5• , : ,' f ,; 'thv BE,,of lyE or,seo 3 Tp: .5''Fiia" a -rte of saA Hlao the rt t o trial. -- bbrrl •ins :sig ism - as Pores 3,0.25 ,• ` --- 2E3B4S33 - • ';rob 1`3-:10'•lU. j h ' Fred V.iirieken uuii iubel ie All oa brio kea, w to :d. R. iiood Fp uy c,oi] tis to ap ull lot in the fdra 5 �Ltc 4 at to glut reo .rat Ynrnmount Pork hdd� d04 .?c it in kc. w ;,lots pg 46 rues of konv r ti Fred 1..�rluknn f�abel.Lo .zlioe v:Saltc:n , `" itn -'ub LJ -,50 E►y lied ';.i�riakesn e�ai: >�oov:Ae 'Ui'00 iiriokatii"::2i;. ^ss8rsrz ii" ;tt;'riao up for sot raa est a nes 00t 2?3t7 (tA ap 20 iit3tt U Fld June 13 1930 2-08 2611300 June 10 1930 ZY John Connors and A11ae Connors, hWf Of J-;� U Myr tells C. Langdon , Fp mt3 to sp tap of 45002F t,;w int thou at the rate of 7% p-a until od see to 1 nod peybl June 10 1933 with int paybl s-a the fare a it in kow LOt 10 and the KV of Lot 9 blk 4 Ureen Loire Bleotrio Motor .Add, E-0 exe tis + 2, ft of ee ist eondo=ed by the 0 of -S for the widening of 8th &vo M ■ John Connors Aline Connors UP Jugs 22 1930 by Xchn Connors cnd .411ce Connors, hwf bei' Frank Skinner n p for sw roe at S n s Jar. e-31(tl' A H Leggdon 1616 4th Ave North, City) PA Fld June 13 1930 2-20 � 8611301 t 11 June 3 1930 / Peder Pedersen of 8-,7 (temporeirily res .,a't Cordova, Ale oka / to mar %f, Louise Pedersen of o -'d Pp app is Sp ---YOM #' 30i;--geni power 2 wits Peder Pedersen al Tarr of Alaska June 3 1-:30 by Peder Pedersen, hus of Louise Pedersen bef R+,. Robinson a p for ad torr res at Cordova n e comm erp liar 20 1934(MI sp 0720 Division Ave) Feat Fld Juno 13 1936 2-232d11:s02 June 13 1930 ;100 '.. Charles Lopin and Henrietta M Lopin, h.:! . 1' to Postal Telegraph -Cable Company \ 17p bby gt and ay to sp-,. as the right, Priv and auth to aunst., operate and maintain its lines or telegraph end tal4hona'iaol the neoessary poles, wires, cables and. fixtures upon, over and man - across the Id woh we own or in woh we have an int in kow wah R;/W may to identified as Pols: Entering upon at a pt from 500 tt 700 ft mrl a of the NVI ocrl ' th diagonally aarass to or near the FE nor or the folg des t; The SE of HI,# of Seo 3 Twp 23 NR 5 eAm also kn as Tax Lot ,4 of the abv nmd •eeo and..T4# and upon and alg the roads, streets or highways in-front.of or ad j ad ld -with, the right to permit -roe attaobmipnt ,ot- the. - wirea and e.eblea of any other o emp any and the right..'to : trU any tries e1g ad lines so as to keep the wiroa sad oaD3e 'alaa'red at k,ast 18 in.:.hes and -to ereot and sat the, necessary guy ,end' breoe Polas,and 'aaahore and to attaohe,� thto'the''aeoassory-,9,Uy wires. Charles 0 Lopin U.5. I wit Heariette R Lopin Y:.S. Kow Tune, L; .1930 by Charles 0 -Lopin, and Henrietta H- Lppin , thus and if ber W. A. Avey a p for ow res at Rehtoa a s Apr 21-31. ; (MI Sp 1829 Exch Ll•:g, City) D Fld Jane 13 1930 2-25A- 2511303 .Tune 12 1930 010 A Mrd C. Summ and Vivien Maria itumm, harp ; V to M J Kearney and Emd Kaerney, lief Fp cy and qo to sp a U in t,:Ln the fdre al t in k ow Lot 7 iindthe 6 5 ft or Lot 6 in bl,k 3 Albion Heights Aad to the C of 8. Ward C Kama 91 Vivion ]iter. is Kwan- si Sow June 12 1930 b Ward C Sutmn. end Vilri.an Marie Sumo►; Ap f bar Orville C Hatch, Ir h p for ew res at, 1-i' n a July 19=31 (Ul iiurphy & gumm Central Bldg, U1 ty) ... EJat 5m."K 1 _ warar HICAL RUM >x Lft"L TM otflaflr fte. tats+. this _ Z- day d t/A.f AD., 19 JQ Ytirasa ALA VVf UNPeow-day.J. err ll_ AkSt4XX - ewa�►1�Ir IhMLsoftes:"d the Graatori • . paOW—of t firs: pert. PUGET SMNO POIrh:B L t AIT GOWANY, a hfesaaehsaeas corporation. rretnatOsr called the Gron4o, party at the socawl part, ani E1 �>ra�Lrr 11aRrar�ie: _ hersinaltor eillod tae Mortgagoo, party of the third 1prt. 1Rf'NllI�LlN: That the Oraatxa'-. for and to coaddersdon d the tact of - Dollars . zye ti �) W Barr eSlanble cooe[deragms. escwipt at stick 4 hare4t sciuta.lodgod. hereby convoy c ... a" paxi A -to the Graste• its aaeeaose■ and assigns the right, privilege and as Rarity to eas- street. tract. alter. town". +.Pair, opents sad ennia41s an electric transmission end distribution JIM. ematstlng a( a SIWEW- tins of poieS. Witt DOC& sswry braces, gays aa6 anchors. and to pace span or onaptad (mist seek poles transmission. dlebibutiaa aid signal rives. sasatators. cross -as . s. trandarmrs sed other necessa-y or cowwwdest apparteaowets. across, over sad mien the latlowtng described Ann" and promises aftealed [a lite Com ty a(. AtYwjf --- . Stair d �sshLegtan. Yowls: s.�7'I LAyT j-4fAr FMtPTistl GJP rrrd C{t ^ % ws Tial .ir.v rwrtiv: "'�`�eF TkLtr +Ys TINAi7 IF SA'r'Y'Y tj rv%"gf'Yr a-3Nr.i 4"" ;,k&rel- rare.W47rFiisr �JRiYlQ e�slik++iS.t1+rK A.P� ,a S Pst6ow� Ards' * s•Or)v iy FEfr �RyT►+vaSi 41 c 'e - t36�11/14 *0440 E RkD F 6.00 a QCASHSL -r6. W s _ 'fie cetmrr Un d a%fd hraas¢3as4oa and distrlhoLLm bin to he located as tallows: s*V,04 AgWrSwwTw 0r roFF Marra' Sloe 00 ArFis•Ww ,rD Gtuta+cr cwcresA se 1'01Na 4*2 ArAW "Ar 94$r A/ rtra WS VP s/oAV /f AAf+Yerr rp C74^M4.y tAr-.sp rr7r,04F F4F Tvgathrr with dee Agit of iagrtw to and egress frena ami lode .ern adjacent Lands of tits OranSssi IkW tr parpas. of cmtsvctiAg, rwceadt OUS, npwirteg, renx.irg, dtarLug. CL.sgipg, -^trading !i aparating said i's. and the rigid at ..y Umw to rr one said pmts, rims sad .ppor4.utws frota Old keds. Also Lha right at an times to cwt dl br.a1 and diolmr, and trtm all trees staadiag or growl,♦ opm Said lauds Which. in Ile* apiain. of thin Gradae. towatitAe a mosses m danger to said Ilan. The GranlorA._ LWLhtirs, succtrsors or ."as. torrnad_art agree—as to do any Waafdpg or dachas" say esyiasireo winos a Astwom of tone `- -' (360) Wt d said Uns Woks" string raasaaaWt Schen La Writing to tie ;mosso' Lia aatotasers of essigo.. of btsestfa. so to do. Tr Agtas. prWJ.Vn ted emh.arity hereby gr ran Shah taMiaae and b. [a Lora .r M aneb elms ss Lha Oram... be taeer.ers rr assigns. shall parasasertiy eme.e add pokes. wiraa std app w%- aaacas bem.add lads. sr shall otherwise dormawaar abandon Bald ttaw. at whiehtima all sash tigUn. gwirit, * and owIL e? ' hereby granted Shan LomAnaM. ANY iswipgr m said loaf h fig by the b"ape to rnbr subordinated to do rights hurts gramaa to do G"W"e, bR In an actor respeasa the said mortgage shah :"Oats MimpobaL 09 t)lrKg2I •ll®r. tits tastsw=a M We Inns Ac+dtd the 4k4 ad pear Arts *hese wrlttea. FM AT 1�1E�T OF: pow MO F7�SE TIR IfGT Ac tiltiRED NWtt amw OWIMIOUM d �� �Iiiflg � v" am t Y.111n1/= Deecriptian: King,WA Document - Year. Mon th.Day. DoclD 1986.1114.440 Page: 1 of 2 7rder: 30045623 Comatent: - - --- - rem !TATs C&' irAUtDKr cN. y sa COMM OF 1 .. Z. t* eadsrakpM, i Notary WWk. do hAnby eartifr thrt on We ? dsy of .JnM.K sig p.raeaslly bdsrs JA" McA"n _ A" CsN dP M.t wearwr u s rites in seal who e:seuted W adthla iaatru zA ilr+dte. u atc ire�a ht tM lndividwl d. a ore w oills4ed that. alSood the sanr aa -&1L— Ire* and vatusWy set nail dsed. for tan s therein M storied. ?, aw hand sed etAcial taal the day and year to this crrttiieats above wrings. r Netary P'ablie to and for thw Stale d Uashin=uaa. a.,flp C4a� . r•+utun -d'lATE Cr WAL-WGl'ON, 1 a■ 0001fly or 1. the sadoraldaed, a Notary Pu%lk. do bn*by eerUfy thu authis Al day *I, XYNL .l W ppsaaeR�+ptra■ad Seises ®—�1a�^y .v�r�rlwacz - e.t-.-.--�� ._._ ldw-Pd s, to am kava to it the Ladirlduel—deecrlbm Is tai who +wcvled lbs 7Athta taetrawoat. •d that &Md siSoed the a me as gree sad rol4atwy set sad dead, isr l4 as t eereta owatioaed. � k tpdYr tety hand said official seal the day and year is this eerUReaae ahew primal _ r dw c ' Notary ry lta3lle in /��� 11► {tm, •! -(r fEp0 ~';' AealdlaR so �iLTf£5i� (r'OR CORPORATs ACKHOWLEcwhENTD STATE or wASi1INGTON. ► .. GMWTT of, On this-- o[ . A. D.. Iv -. , aelore a• parsonally appeared I. to be tow — predier, oral � —. mew bora to be ttrerotary. of -- do carpaatim that wwwaled the tots isstill lstr®at to itt the free sad rolaalaty act u d deed at orprratiea, tar for ossa a.d parpaaaa lassos meffleaed. sad m aeih spied that hr ire aWt+orfiid srs sold lra►arsse, toll that seal afHad Is At cap= real al and corpmvilm Nf 1rlilt= Wlu0t r:ai. 1 bate brreer4o ere ap Asad ud my dgkial Wal tie dap sad Fear above rrobna- r� , r � ■t ■F1 g FILED iW fl$ j Rquest OWW Mr. MGM WK WryPOAk is cad for Se Sbas of ►nab -trey lteddletfl at e s As 7escrtptfon: King,VA Document - Year. Month. Day.DoclD 1986.1114.440 page: 2 of 2 )rder: 30045623 Comment: "'•""i' .'rrI .;.,.. r.i_;.- .:.-r;::}t:,.�_� y,�Y:�"iii,:. �� ��, :.r :'. :. e.•, :: it •: i•.. :�f ' �: � •� iii��iiiiiii,"''�; J�M..�r''�• . Vol Vt j. ' ..: 'i�•.I ' ' •.�.'. `�' ('. . i .•�-' : '�'.' •l''wl ,i ..ice ip , ., dt••;�- :ate? 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Wa '':' •tF:• 5'.':!t�:• '1' , :...I '�-�. �_ . ' � ' � � � :�•�:•: ••'�. � �y�$ sem. � � • � �y�� :�:;: ' � •:��t 6• �' •' •�"'�. ��1-(''..•..:- '' R����' .•p•:�hp'kp "':Wi �-�',•W,�''•l 4V.t `•: TA7 '•moi :iW ,. �i"•HM:'W,. �. ,.q;. •,.{' , .� •' 46,44 ��• _ �. "'�v.. _ 1.':.'t�i4_':�'. �i'!�;Y,;;� '�, i�; ''$�1.,,��.:: -.°gym i 7, :, bRo . • • � . +�p'i�! }��,•.;� �' : • �._ _est' ''..�►','., ' '' �� •, 71 �`. �N`';''j �V`.. ,..,�•j_ :�a{`: _ �{ + �' •.Fra L; . � � - sirg 'I'�' �`� � '�v.a'r.r :! 's+iiYrr"�'ti ' � ''i'•:� :.i:� . .. - . � � '.�.'� '°���:-$,'. fit ' _ • �f' :• ':�' - _ • �" { , ��':� WL , - � , �� ',+� �;,�„ • .,qi`','' • } _.�: �sp,►'3 . ��. LCL: _ s' �' ,s;,., . .' I. _ � ', . � . � _ ; �'} j-."ter {•�F}..-i�'I ar - .. .�,,.• nY::.: 'i"Ii'y.,•y.ik:i•i�}.''t•tr'r ;7' '•�.''•: '7: ,:(.l. ':_:� �i••r•L': :ltL kr..';1:L:lir� ;� .. !. '�•.�•it �,i L,ri l�, 'w �. �, ..YSi. A.ip �,.'rPi �7�FrI' is .:i'. . " '•l.,•}?•' a•1-',.� .:,.� Our+.,=r' %- `i7,1,�}i. N ,•f'['� ''�,' •.5 '`�,'.•' •,r•`•,.,; :� f tr Lys'. _ �••. ���:�ri"�i}, •4: Is .� ,pi r,yt� �:.. �, - . •'•r � - .i...._ .. ,{� -�''--•r,•.,"al..•! � 4.,'-'-+.--f1 ,c a�S-'.t,•r•.,.S.:.f�ti�l..`b.•�:.f - ..li�%feTe 'fiza4t_���1 i N :R MOVAL-'67-i 3 l �H 8 81'IY. The unQoraf ed Va 3 C . 1. ,!'9d� it�r.'u1Q r'j';O+�r�'.�.`1GT[r�1,i!•6i k•It0i1ti,Plk,11YA�1r. {hbtairiittar•raSsr-v th jtwll4d :i rapy;*bmopq'e.'Prq�. ha;de'ed.reot ictione'liced ' by 10 • in,• :Qa!mtti9 'igecidir kvaiii4q :�90. • 0>'''Peod'a,:.pd8? 583.'`•Au+litos's .i iia ,ria. ; . hB0Y&M -rind aeverin�,'all.i}mo s.;eol�;;by:kf�Tfl:}is°€tui}a►iaaa cd r ati ih the'9•S. nuarttr bfthe.N.it.,'gtiaipet_QP6eetiiaq 3; TairaobiP•iPv Sar Tf.)i:'-'the 06118xiak'pdrt oP.eaid raotiiotfcnot•• °The purchase price fdr.lptp'hcme and'iTaptoVatitante chill be market price'leae + aaving'an lqt ae daliite¢,in.ttie•by-1ay*, . 7n•.the ,event that ]t0.y. Palley..Qaoporative done not oxerciem� rte' optian•,.in the:*alletdd tLaey.then •tfie. Grantee: ghah ]wde the, r. right to 6011 an the ap" t{arkct prev!dad'that ldsy .Valley. Copparative shall be g3vaq the same right to,bLr do 'the. eine teras on the basis df the. first refusal f8r.a• period of'hot more than•three dike. in the event that a +denser eball Cates to b+ , atenbor Of May 7411ay Cooperative voluntarily or fnvoluntar;ly,•thou it in mutually 'agrood,that'Y Ulle<y Cooperative nptitul shall become enforceable upon, written, notion of said mntabsr, and all'the provLaiono of that o0tion-'6hall npplsy. 1}r the avant that may Valley. 0noperativo does not have' the aeney to excroiee the option and 4;wmot reach an agreenant wit'•• the owner, then the property Plisll' bo put up for public sale and. sold to tea highest bidder aecoptable. to 14my valley Cooporative, unleae !yy Valley CaoporativY eleota to purchase under the' a ondltions of the BRAD., =•• �R ..........., L70 Chairman .. ............... .VC Bbqutery (seal} r i.,..l:. ......tit'+. �.: ::.�s 4::5 :I:'.`:. � ......, 74VQ TraPcurer 1C''a11 Purnuant'to the cation of th MY0 Board in rte raEular Heiman, Feb. L?, t59, ca114n7 for tha above removal, by unanimous vote. The underalgnod, being all the porcone and osrhittu h4vi:,F c:y I* -A] or enuitable t, !r'.•.renkn the above described '7C tuirtoor•ied plat, do oy the).r eZrnat+arae 1�crrtot-ir i7r•jn an4 connont to the •rilvase of the tracts in the abo+r:1-m0ntionnd ?ND el -it Prom the above oulfd part 0_ t.hh6 DCVO�-dand rrw riot ione. -) wlt `i!.tY L! owner of Lot 17 of tho twC plat, Wown no 10221 147th 5.'., Fmton, ,Irt �.�.-u. •tri beim; :hn owner c Lot 2; o t n 1TlCpint, 'tnaHn rLo 1W77ala K ?iF?;ty'Sa YNSBii Pt amid uorporation ^'D:sy valla+0o-on 705,TLAhity, :K�, q s,,r-; {,it l.n ina7.•,,,a�nt to be ecnouE++1 tT RR prop-jr oCrlcira hist rte.. e^ ==Sr.t•;r'.•, ,-7/.a...4 Oktair:tn �E�-fix'F::•.Jr`;,:. }%; ..ted STAT -3 OF 11L35TL't4^,iOTv Colnty u" xiag VV r,n t`ris Toy of February, 1? , bofora :ae, thn.undersigrned, n ';otnry Mta!ie Lw end for the 9trtte of "a*Ri;qj;tton, 4 -AV ea.•taiantoned nnl ■t,or'n, V--re..attlly app4.ared to me kncw:1 to be the ".V:C.Chairman f end 14.7.0. SooremLary, reapectiva],yr, Cf th-i carparvtion that exaeutad th5 foreffol.ng inairument, an., acc.jowls:!� ,eL the said i33trx1-V'.1t to be thy' Pros and volunta dot and de rl+ dead - of sa_d coruorRt7an ,For thn tial rtnd purpooas+ tt,erlin m+n�inncd, avid on cath' Otated that autnarirad to exoC its the snid instrument and that thO dial 4ffixed La trio av,'pnrltfr 04al of gaid enruontion. .%UpaRtmri hand and OfCieial seal harsto affix9d tho day and yonr first above xrlt;.gn. 01.,,,*% Notary' public in .i fOr Aha $.40 of 'ia....`.m. rodding at . . Ih.IL•. Y../, •• YYr V. ,. _...._.._.�._..-._.... 14w.1 Yla RMOV41L: oft;�i?wa:p k � a e�Zt 6 She undobai6nedy lrgy► Vax30x'Cr `sip'idpA�im�t� :Aiq:'i '1�?a;'.ltitjy3l is.i�}i' •l�f�l7tgo, naatl�• . (hbtei�fA�tar •reYurrid'to 'aa',114�:1p!!gi� Y�nosge. trc�.tYia; deid .reirti�at'iane 'fiLe4 • by!L•in,,R!?�8'.�nt�7r4?nsdi.;,9olti�gji`.'j6,90•o�'+Uecd'si:•pk6a5B3r`Awiiltos'a•lile 4805119q and aoierin�"All.tiiaota_;�old;;by;ft90:3�1• itot;wueecr¢a4 plat' iii nuBrter e!the.H.f..'q i•}�as_¢f.'geotiion,� Tbi dlhiP +i Rsa a 58, Y.FT:" :the folloxiag'part of-Wald raatrl.btiofrsI, *The purohgae price for 1Rtg hn a and ippfoV4aterttm ahall be market p)7ioo'leee raving 'an lot. as derihad Ili .thi •by-lnypf . 2h. Lha ,event that Hey. Pn11oy..Qooperativo door not uxaroiea'ito' optich"in ttia:'allotbd tfine',.then • the. g"ntee:ghall. hQVa the, right to 8511 of the 3p" garket provided'that 144y.yolley.•Copparative shall be aivei- tihe aspic right to. buy do 'theterve .e8me an the basis of the. fi rot. refusal Por e Period ef'not more than•thrss deye. In the event,that A member ahe12 cense to b. •.,camber of MAA Valley Qaoperative valuntarlly er involuntar%lj,•than it to mutually 'agreed,that`Hgp Valley Copparative option shall bGOQme enforOeable Upon. written• notice of acid member. and all'the provielono of that option•elial•1 app;rry. 1}r the evert that May Valley Caoperativa does not have the money to exaealo* ibe Option and aary ct roach an agreement brit'•. the ovner, then the property shall' be put up for public Bale and. Bold to the highest bidder aecoptabla to Vzy Valley Cooporiktive, unless Edgy Valley Cooporativ9 eleeto to purchase under the r oonditions Of tho esle.m hoz f�• ,� yam.........., Iwo Chairman (r aI} ! i � 4sotarY i:f an 1) . X-� HYO Traaeurer Purcuant'to the eat ion of th @card in iLo regular eeoaion, Fab. 1a, '59, eallin. for tho above romovul, by unua vote. Ino underalgned, being all the porrane ani amrtiaa havinE n:,y le"l or onuttable tr-M-;rr:o, in Liza above described `f.VC unracorlod plat, do ey Lneir eicnaturaa tdrn4ot•rr n7rsn and aoneont to Vim ."llama of the tracts in the abova•,rentiannd M, rle. -�ros the fibovo auotad pj/art he YTO[�dwd r7strictiona . 'o yrof Lot 1rJ oNrar �7. Via tNC plat, k4min ar 1Ot21 ]147th S. 1�' ...(anal hainr tb, ownmr o Lot 2� O t n•'VG plat, known as lvd77,1-'47t w.:. 5 -'TT-N�35 '•4•'V:4EOF, amid uorporationY- icy ValYg7 Coon 70,1unity, fna:..••gsmnt to be exnout+•i b;Y AR prapdr 2rrictra thiel rle'. BTAT:: OF WA•9H1:ITOrr s_ County ^ P1 {V/ r; Mals Ovy of '-9brunry, 1"9. bofora'�a, th4. undersigned, P '-otnry J•14utto to and for the 9trtts of 'taslungton, d' 17 cermoiest-oned cn1 rrrorn p:rea.au11Y appeared to my knoLM to be the I+. .O. Chairman 'ai'WNLl4}DtiM And ' %7.0. Sacraatuy, reapgativoly, of thi aarporatiaa that execut•!d thh fore�of.ng instrument, an.'. no:c:iorrlc.f,sc tho said iaatrsr-'at to be thr rrdd and voluntary act and dead. of aald Corp ,For thn ASO!, and purpooea trrerain montinned, and on oath' otated that eutiinrired to-Jxacuto the said instrument And that tbo Baal affixed to t1;a Crripnty odal of said c:irporstion. ..Itoeo� �; tAnd and crucial meal hereto 'Lffixsd ford rand a «, 4�Yr am flrat above xri.t4rn. {.'Natery' Public in 4L for tho Ste of '99k-43,'..�.;'s.. G roulding at . Iti4w Y.•.. ,. .. ...� M. .....- ........... f fFni.! -A, 777 7' 71; -5TATR 01,WAMUKGTN To. 1016 d'T W" ba *Iwuq jet.ind dead.-for'thm loll$ ®rtiak Ilk aiwal b" tr'�qT A RY or SAC 8 1 .......... ...... ..... "Fill bL- Lr. f - — ------------------ ............................... v A 76l"9L'I �"43 '_j JA7 r jTJ -7 dj-'W.', 1-4 axi.: -,J-- "j'4 4-0 {p.: r,,PT" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;rj`4.L , J ; 6l'-4 pt J A" c,uv ra ZLQhjZl:11JC CIT. Ki. UL.r loh 'ZA jj4"' e. L ;,ju r.6;% ..00-M. OL Vl- WN' ic ri jaJ7 U;Jkj jW4L.4, b-334 ttl OPP%.:& 5'.. M%:913 ?b %r'iij Id Ju:R73 1_U TTO IA fe-k :A -L, PQ Vlk AOP&GA "W'"j" �t-mr.-. r jaY z ;::', jq tut co -A road for ReWfd �..A- - --lW 1?011EIT A. MOrli. C4vo,1Y go •'"i '.: `1"i4' _ i'� 1 r"'�'. •sly'; 1•. _ 'rt •• ''r.':•;y�r •i 1'••r ,i`• fr: t,'• • rT •u4iteee ?�•�ev".V.u7,.?o,�.:,._; .a 4�:>:':��1.24��f14�:g::iv�O4i�, ,'=";T'�`.lii :alknll •��ha�'41e6i.'TO�''b§.e!0� •�'• �� GCt�>Y •.;k.. .'r'1,... ,; 60. 'i • �4f.Ti,0t�;4�B�.�6$•°�,.."�Yf'G�.`V:'aj'YD,Rar�Il'� � 4y:.�a�n �,•�*i'• 'rr•;+ �..': aud3tbr�'ee. 1fa " 9Q -: i�d'-a41oi l `tido • - •1?#3al1i;uxir'eY nge,:eSt Sl':ke:L .•e. ''auiil rter` R.l::�bii;.+`. �►l;... tbL 3 .` ogna YF" .The eaieadiragata!>:•+�:.aptivac:ai••'the:'G14o:'�1;ijy�i: „ f':: tegtilar 4ieanidri�0.T:7i 19&1r .1.>futbtiiiiiliaiie yot�'.�;ar,P's�; '} 1, 'rho tollcwina Pivr�e�Pna: Bnraddad:;ati;#b: aad a!e;':tlret.:' re of th' aeatioa, on' ire • 94eand .pda,"uL .t1A •ttion ,:.tttYBq:',Nis14bYllZCF3d�C':,+�f� ` t F�i�tICTrANS":i_??n ��dfiion'to.l�q �a�e31e�. h8retiaSbre .ia:tti}'d f:zbtn�iigt .s arov3�aa;.,oi►rearaaat•bt`•;EAeeQ'roetsiEL3a�a•sht�]::bo=t�!r'P�vc�er�til��at 1'eir bs" . ' ;_:�; in v tUty' ngalar.t 'at ,;pterean'ar .geraoa'a viola JnB •Qr' attpcPt $„rtd'•viol8 v• `, any Covenant,eithei' to r,esLx +ricliftlomor,"tb';rspave r P. Tbc P.aiiow",,. e`- deAbWG;!fzori rEh� R�4Lii ti i ]1 6f' the 1ee�rpurE.' oP tha•4octlon bn•thti'.si tpe�a::titled'- 4� QoL'b3fiti S H4S al141'THE'L6& a. '• . •i*.nr, U -An tha.1 dank'Iiae':ttiei do!'•witfi •.tho-ntrrd:: °aad "li1'. hasp cTr% ths' ....” "d contiauiiig to tab. idd.8f tfie •eoctlea. t i .:liili:�r 'dilSttl7G. (.10 Gtisii'UhaTtVii, �ilgyr VA11eY .Cb-OP-GCM=nity. ine., 'her 40.1± 19,1 this 111^tr+irtent1a be exeeutod .by 1t B'pTa,7er-oftUet58- tlt .... .'�fi],;OLIeY 'All' •.:nurer ,niYC•190re :rR _ l^ .+A:; 7f rley llrtfl, are 20 the Mudd-gulped t �.�•'.��({ ��:, l(t4's: `'� .'s •:r,1J3 '. 1 ;•ldi �'1 Cor tjxl `t`1B °nsnr».i,duly Ao6tlis��Lq I' •ht stip .. ^.:111,7 .^.!• C^:'.`d rri'�!i_�vvU.• ''/i rRrSr•t►i1,�"irL :md'.l.Y. trd an i n m to X+a tho f:ii%iraen, -Boretnzy sn! G'ur•aisar, ecpoettive j+ a,p iJ}h ;?, p;,r!tLlon th.t executed th •'ornay.nF. 1nvtruaeat,rn,l ne:�o'aled„ad tha: 1-:.',.:tiyorsiL t4 be the- frn-e'and 'ValunLlry'net sm! doed �t sr11d cdraorst$oII' ,6e .' -:• " '.im u•rr Am! purposaM1 therdltt .ea'•Ltlnei,• an oath mated that t,►tv •' t.;.ari-!rl to exclaIt.e raid Inr,lrnll utdgSl ecr�Br4.tinn h-is no'.aoRl•' ''al is^Vi het•eu:ii:a All Mf hrJtd and a_rfre'I my -of;lp .• ! Tdr.+ t+,+ nrn: +nes' ^ira,t ,4traVB m•.ittart.. - - .. �; atsr-su lig in 1013 for;��..�.�i.... , ,ow nrtnn, resldlag at . {':w4C:%5,: " ,. 'f.rYiJ,h-:,I:ht•.i.FRA:F�•,:.K4, hYii:N}Ir:FSi{FIFIF • • • ' 1' =l:a un•ze:~irned, boiag nll thr-�xreoas and Aertiaq hr(VSng any'1P9a7,: or e ::lt�r',LPi ltnroslt 1a the ahare deaeribed' tb prcliiaia:sS° 21 at; im-ot t=u' .m-� ha'r—+Yer *era* srct'consont to the ebove'detniled tieen�meats.: !.]; y i4 the ::V; `-lijul •':zL:nrrLag Manttdatioae. S � :r ,1t� •:xagre of :.ot 17 t,r Lhts 01, .[relit Wtry p'1a5,�kngm ail'10'3^I'.L+i7�li'`�':Retttap:4` i , �� rJ `gen• •• (. ...' � :.. .4' .'� ..... jr : ! ! c:..t r . r'fl,,JJ((��•f., : '. 1 . •'ti 1, _,laic tin -*nor3 -if-'ot�2S of t1,a N . psalii7ipn:a p]et,�f.9.: 0277 1�?tti: s:;.•. Bntan :'.' J i r•.t:4+ •4.. f'-�tt. .: lid :• . :'� � '•:"',,.r��"6r 4ii�,�.OrGn,^,r, ,�'; :.af 1P. �., f'i:h�.Fvrp..:.l7atitir'.t Pla-, Ls�e..1J9] 7' 1 r.7+,h � �.,,'1 br�#nd- '•, �'.'� 'fir 'iY fti:.Tl.r'r....,!{' ;•i"R. �....' '•fL.':,�i .*'�'ea�:. •rl...:. .r ':�;`r•:•'. .,�;.:: he'ar•n.it'F +! .ot It NO prtlL�i,t:ty ¢ltt, 1,R; 1'J w.8 '117th 5.�:,hcntan S V01-4.41 !AVMG2 a UAR APi ncLATU?:: tSP,,gr ME .: '• /: '"1't:? l'1"►':: .K•l..'S'.:�r r *:r.' .. �:..F:11.1.:.rf �.. p:. :eL'1? ?i'n ,rt. ,?ae•ei 1A rindrrot12 of :'Vb : Pralir.lnary,PUtr "i •ra':1/ tlyltlyre p•".�t;IB,o��`dVG1r �pYBilalaRrq plat, !tJFi ..'I _ _ .... _. t t•' .. ... _ . ... a_ .•_! ...a.r.L•... ..... ,.. r}�_ .. ..1:: .n ': }45 .: _..1__+ii .:. 4:�"...._,M:i',.,Y ..r r. _. _.i STATE -OF WASiiiNOTON, u.; • 1 � Canaty of __ O chis d,� d befo •we . • • , Y Pe Y PP�K to me knows to be the indisid r iba-ie �tttd'Who cxoett elle withlri'ind I admowledgcd Ln the diet dgacd dm totesm _ freetmd soludtpat�^ :: I �j purposes therein mattioesd� �� Fi.Ara w7.1R my Beed ewe feisf feel f13lr .r�.�uy a' ' • Notary A&& in mod or the S or it WarEiagtok risldi5ly �.� . r+�ru6 TnK lkrleu.e6 1366+.—AeaMa.YNMMeIrt—OIIeIW�Y i+.ti, tea+ su Waim ai tu9a11 crrrwr our r3LP 'soc:odJ Gal &=u''l otii e!•.jjvL mkta• e . cWor ndt 'ln L.tn.�.r.+ en ,rct M, e. . t,... h STVT OF CALIPI PKIA ) ) aa. County of San Diego ) Or. VAr, lEth of May) 1561, hofora "., a 'voter:: PublSc in an! for az.ld voarty aw! Stv..nr rervonally nrreared Gil)rm A Froegard and Cactle b. •rr eUar•4 ::nox:' _o tm t;,tt nt>rNanz •raoae nar•-s ora svhscrtWM to t?.e Within Lnatruxsnt ut! avL%-n:w:n•imd ;a :-,t that bhn'-p oxrcut4.". thrl s&mo. "!::.ti Rtir tt nrtci oral. Eotary �w�ic in Ard far as d !,pitnt,•• and Ply Cvr ssfon Etpil" JUN 23,103 ... .. ............... 6..............•. •r.. .. .STA'M OF_E_ [KG7oN l ea. County Loxcxe ___ __ _j , f). A. signed, a NGWY Pubiic in and fat ihn Start af.. f1ASHLhtiypN 196f before toe, the und*r. and sworn Personally a & CUSH duty commissioned p y PPesred.... ..� ,_-...__� _. _ _and i Hi) -v_K Qui_._ IQ me known to be tlsm� _ ,Praidrnt alai _,. Aaat , ._ Secret ' _ CITIZENS FEDERAL SAVINGS�6 f,OAW ASSOCIATION Op SEA'I"1ig '— 1kfY.respectively.of the carparatiae IhaT esrculad the forcaoinR inEtrnaycnt. and aaknnwledtfed the wfd insuamanr to be the free and vo[un• tury act and deed of said nw:poration, for Lha uses and purpasm therein mentioned. end an oath stated ihaL_Lhey , – !LM _ notharired tr execute the amid for mrnt rn hat the seal nihxcd is the corparats seal of sad corporation, WITNESS ray hand mdi r.W.stai halato sfRxed The da arl e Y ..6 a e6tt above Wilten_ - t+io ry i'"'k N a •far 1136 Srate .m r Sol [eWe , (A4ine%1v4lnssl by C6.p6n1ian. W6dnna16n Fur. Ir.n..hace C►eiyahy. Farm L 791 T. 0 O�u ✓ �u Ais %la -A*'!,�ekhown tW*.btK4dk& i,ait3' Id 'v, m;kn*4vk*d a ld -vbhziWV-- I ' rrtv (ce an sAc ' minlipai purpm Mtw .1m ikg!d J1 IF-_ ti nz 27 0 (v ;17 r M a Ln Amez+ds_.,ntra to the MAY Vk= 004F COICMITY UUTUAL p1tOTRCI`IVB N.88TAIC ONS Auditor's pilo No, 4909190 Tho follwiog atWdsaenbs vara, adopted by t}10 !lay `!allay Qo.op Coaaiunity, Ina. 11a,mbership ideetiag in a000rd w'th the proordura' t)wroioa'w usderr "Separability of iaeetrivbions" in the Mutual PeOteotive fiestcisti , on ttld d*tss allow► hare* NOV, 120 1873 » Thu lysis Onateaaw of thu filiation» "Definition of xyrsas" - oilaaged to .rand t "kil lots, Paroslst unplattgd land is the ■bovs send real PrOP rtY (36.64 ■ares) sha11 be dsaignated "residOnoe traatsell I ,Fan. 19, 1973 - the last arntduee air the section � ilonveyst�oa 5ubpot �o the 8 -laws of :la Tialla Ooo rativs'� - 611"ed is reeedt ' "Aaseswwnts stall be made by a two.•thlards vats of a *111(1 (?.lay Valley Co-op)' Newberehip UsatiM, notion of which shall inolu3e the proposed assassmsnt and shall go to aaah owner of property oovered by these restrivtiaus," IN ., S WaRSOF, said oarporation has o"wedVthis} hr $uat to is tsd sxeouby its proper offioars an this LLay Palley Co-op ca"UuJty Ino. iraae►. B y - �'� n E /1 S/,<R G� STATS OF 19ASHIlIGTUN I 1 as, C ounty of U* on this �-_ day aP irlaroh, 1975, before sae, the undersiguad, a Notary POblte in and for the Liti�ii aP liaahjngt=,. duly oomsaissioned and sworn$ pernauaUy ■ seed = :.�..��,ti ��"`��t, `.� 0- c, �vaitt to me known to be lsha Chairman acrd 5 u ;ort 6th `�U` 000rporstian that executed the faeegain8 rR':jvUd aokac kledgedj tine said inatrum ut to be the Yew and vonad, y eat hjj;t 4iA eorisoration, fortheuses and purposes therein ssnsatioAed, acid on they wore outharissd to exdautso the said ittstrusa� and that the a a1�,t i es no earporat■ seal. •,,t:��'`�, ..... 4 �aur *lest -.-e 1-:00 it s'my hwuf and officio eaal harah�o gffi:ed the day a� Y ALI T�rl- df Not�ry Alb iq in and troy' the titata aL• Yfatihington rrsidi.stg a Rentar�• Ilk 'rip "m W11;r• �rei{T7�j. �r,'?�cF" -Ii •r,l; I.u: • �Irrn .}�.r�:�, ��� ,�.:siFr�'rrt:;:u7► . . 45 A+Riurr s+'h }lint; rrsh', 0r,(,Tur1ry rsn"T Im"4") nr},7xnr1 .11" crwA mrq Ann:. 7,rl,lrj r'�=d lih�,rr+trlr{�' {tlrF :rT► tr4S.'ar,r.rr�!n "WTO mnt.n ir;1{!}Ii3:.:r}rn:t ,xr► `V atsll�tl n, !0 leTr�'.] �;1• �' rrs.0 :i 1iAl:%.±;'AIlnf{' Mh-J rl[? •�i+�' F'1� ,'�.►'�.�atrac! aaxhaz.uT011' i,rst. p}rsr •.,.•r ,. rn'u '� �:r.; ua::,ro,.crr �L'nrf 4pn ntYxq IrreJ±z.rr 010 40 i+1 ,flute �,r.ne atxJ sn7lsuaLnl:rz?: nak vas, {±ti;n nn:rlras.rsxa,r { tnr.F nx,varl}nQ }ta res :17(1 $i r!!',tLr 1.1? :I't I`, �i'r r ,T t,"oo+rr.aa • :.�•:� iTsrrT rn; hvr..r.;r' h•zs,;�aTrnTT�, Tri arn{ i;dz, ;}l,� ��se:'u cu, �rnnur:l��urrTri T}rri�t ncrlW(eq{Asrc►x q , err•7 Y r}'r ro OOil.p}j7,T Tt,rn n;, �uz.blr� 7I've p"'r. .t! V111 �:trn �+,r.a7F�nc+cJ >a ,, � � •.•:rn �Nj;a?. ,;;n—D:]•rlrri:Fi,7rrrf�}'� 717G• n n+,., •.rt:.d dx7 .^.-t7;! �,Ir'�. Ol. i9rlt.S7}r •ii',4?• -xna t��q �. a a ��ii�L H r.rt:'rr:s�: { n 'a '-' 'AI,L'fi??� ik.,,•.,s,�y� etir7r; ,li)Y.:1T1L,Srfi�ntr .;Tri: nrus::•ic; ,:;.T:fr Sli n�1f77 ';ri .•^ Gi.'Rlr �151t77J. C1% ;raigL.n!k 4aAnuaq pA --0ir-`%TI74±-TUW$'it r nr• xann^•n r}rn Fu.r)'�nsint{ rlarlav:lT:xlrr� ir:J-y r�orrac>vs.v}r�R ;rtnn��:Y`=' ararsan u:, .,�::x,;f e) Fi !• . agAgadr7�R auw77 pn 4rsi:!a h [* ;An-�:,!?rAa An;n a, R i}Af: t rrA R rl . t:1r1 ' +T> :1:� �r1 t'f„ ]U la . f 1 r.1,r I =riT7r:{`.�7i� .:� unt, l ti;rA ('"ri!' 30'10"00 01,; ,::sn utldl 7azr - .I('(;IFIG ��J11CA ylFp�19.?� 1r1 4;,tr1Y Jq ilea;':ssg{eq :iz.awxgauoa �l.ua a'r, rnng� ^�s.rn7a• tr.TFrTrr,:.�nr} ;crrcF ►-, r.}r•r r!}loon a:rrq bnll; 'n.nKts.C� f'•+6;'R�i , .;fly ;Tntr - nrf�ii.Ts.irimv- to, ,,n. 0� r�rmra` 01F r}TA r{aroa e}suru7 �:Hr.a,t 1475 lie i8 41 9 4r,�•.in1.,r�ul.o r.1r�nT. K'.�irr.srp; Fs�A FILED for Record at QirREC"j-017 V 6 ELECTIONS darn r NTY, WASK naa Eta }•P7h '.ir Yrn'l. l: �..i:br, b' rtrruT{ 1. 7;fc • FPO C�r,IryY7 1 -AliA i Y i -- j' 'fit 1 ��C. �'ii ( h�i�i'V.V +(11 alit y�y 'ii i- t�+�F �A��Fi�W �ift i�*;{MH� iS�j��fl�►FYI.�ZiO��-!� t PAiiAb�eF COleddpAA�AI�� �HORij?C IdiSp�C4li4 Maty AC1[A 11 P,RICQGrAM $ �" S f t'C q �!'L~csR17tt a rltt•d2�are r5r 'aata�r:�k Jaz' 4� 1 , or '..". �--• -�-_., ..»«....�..►r14h tb� tuc�ts��:ty apgartelsn.-�sr�;� � .' f6 i� ti � '�s.`TrJNfi 'Ar`"1 lieu �h1tR KC,Y�M1�fiS{ 8C't7�gx13'r�'�,.��Gj��wi -Z11�` OI�R'�i.stifld �t'.n Counter_ „� :_ Hs�F,xtti xa c; .+rticular�w ask !rcLn;d,-44 y rhe wres� l0 .Eaj: Pt aF the Ba9t 323 [k. of the Soctn i^u � the J70 "fk , Pt •;a; of.:the� S£�i QF tna �IE� of ], �'llt,rg Inge S E35t w.M. ..6eetian' 2'�ct+e y i ilM' S t'_ y i • 1 f I 1�r�1rf =• .�{p�"��° (fit 1 t.l,, (ILZ�`��{i•�j� 1 sN 4 t i1ti "s' c! j'S1x��rs �145,� t } _ A � I ,.. 11 tir �,� } ii•• � f - 1 i - t } ° t ` '. r, ti •+sr�AG '1 s� i� 01� eyJcd ►uie dopa ra� �ttRaR�s �• tHt!► the LasRs�lAt`4Qn a'�1� llb;fl Rt.ah� o+ alfaacer`+llx�oav ba sio aid as �t'bntietu tiu; Ed. 4I 9t tttClMq�4C r t 1 ,Qi4�� r aAt u�iQ dA1agent. l 11 t At a. 1 1 ' �{ !Y �assaeat shallh r 1 G 1 ba a eaveeaaC tv�sr. iAr� •i ed tier laxui a tid iram33� !+p s Czactial am ltao ur #ACCT 6 AIiCC6aNi�LB�!6 s1ssQ i98 ��� T. t ul�ssv: igQad, IS rotary"gq.die in nna fa> tre r Tsrta y cor�ify CIaw. uef ki.�u ri�� Crt of Mdairit c•G; me �x.1 4' •nT-•1rr. LS►�p, p@trpS1+R�.IY ; to m® ?st04rq W !i7 iha tndiv r3uu "�""'� tc t Z ,st doscsitar. to ass rf3o•a.-_sst tRq Sia:. ,_. f� fur8g trig #tsq rirvasst ars aaknWlec3ge¢;,that :te A Ebp+l:'�tttp4";aud vaite.rary t+ettisad EeM, Y a agnea ac_ i iti s�d'fC1i¢d for the use-,a*s� etP'�oea !half t. Srt f - " a 10(atar :ft:bllc'LA 4Ad fA _ � s: �rigbi '.k�e 5rtrte t'f , .;, r�41f, ,raeidl,rg ar, 1 : o;a•ytl cf �W� ;`.., W.1;Q=ilii:�l� - ". THK GRANtOR i[ARY' 8. 11cC�ARB, a :.ttldav t-n '3 VI 1°e and In twkslilenlWn nl love add dtteati017 ^` ' In hand paid, G1nj4Is °tid,tatnants 10 'GRANT $Q� and 1�R�XSi' .iOHN i � l�l� 11 �re- The f°Ilawl dacrillid'(eal rilale, fllutled In tE1i Cntmt 4it. •: •!� ''.`y::.,.r.�',a %VL4hinAla4c ,; That 'Portion of Go n2 eei eat--Lot )', ei0n S, utb 'i'oRosblp:-gifI 3;;;Nortti; Range 5 East, ;W,H.;',donor lbed as folielf+st_;Reglaalag at- the -Southeast ear -of said Government-Lot 1,:vhiah is 8o1126°22'1:West Li39.BB'teal:l�r6ii::ahe Northeast .carner'6t -said Section 31 •thence' Aortb 1°28'22". Saat;;90;00,.feet; .thence North 88°01!27!' West, Parallel, the:8outh'.line 0 .':.Bald'pover.nment=: Lot, 170,52.feet to'tb6 true point at-begltining.'theaca.'coutinuiaa.:Noeth $A°01'27" West.1S8.97,'leet; thence North 1084122" East 314.04',ftot i<,ehence:.:: South 88 0112741 Saet:140,62 feet; thence South 2101113" Hest 313.09,feot:^;_?;;` ,to the true poliit•or beginning: SUWECT to-exeeptlaas asd'reservatluos`:ol;is record contalned.ln-deed recorded July 31,L1000, under Auditor's 103931 eff@oting mineral rights: and 70GEMER WITH an easement' for .aagrese ..agrees, And utiiities.30 feet in Width, being the West 277.49.1eet iq,.Width,;:. of the East 907.49 feet is width of the South 30 feet in width of sold Government Lot 1, the South Lb feet thereof having been previously'.conveyed.`; for road purposes as a moanN of &agrees and egress to Robert N. Dradley sad Rose 1. Bradley, his wife, by deed dated May 25, 1955, under Auditor's. File No. 4590940 AN, RR 1IdAR 171967. Ua1n1 41111 ,lay of March, 1967. °e 'a�tr6n :1.trr. OF h I UM. "1nN, r,• 1'„m11v „I K1119 f, 4 hl rfu. d.n I,'r..vl..11y apl r.11yd 1+our air Bary D. McClure i,sear ivawl 4„ I., lh.• in and .hu Mn. -W 1k .ithirl and 1„erping lattru"na, ant Lln,Rise'Idned the .Inr.. her Inc and rulunwy act and died, fur the u.r, a •• ..14 �n mn,l nnml. � !'\ 1en:r't n lun,3 Ia,! iillr: ul .•J h„ .41 l March, 1967. T' 1 .t OQA, 1,441 J( Ie *,d Iw ret \Idle of ft'd.e.°el M, .nilree dI ' Sea I ie i .�T Inm CRAM= -d in .. U -ba 10" and affection and an a oft �4 and qw cbft as jams* J. McClure an.4 virowa L. 110muce, hla yea RW Cmttk d1mcad [a ft ca -W qf ft,,,x Su" a T "Agwwo mcw PC.—.ion 04 Gavernma W -M-. in Elaq CQ=�Y, t Lot I Section 3, Towns",, 23 40M, "e W4xhL"t,0nI q east, dedaribed 4s Beq:Lyminq et the acutha"t corner Of* s4LLd,Gavaz=WUjt t so"th "25'22' vast 1139 86 feet gr= the northaamt !Qt #'*hL4* Owner, to hence ncwth •88001,274. , OOrVAX Of eadd saqUon went 30.00 feet to the was a h 88'01'27* Vogt 120 00 feet to " 24xvia-404-00 feet$ tbance S ort-heastr thence north 1*21*22* ea&t41aft9 Ga -Wt MUVID of 140th a"anue out coe true Point ofd' 4'I=t'A%'n4 north 88001'2i- ,at 203. f _Lnqj thence 67.27 (S0Qt.h 67950, thenos -wrth 10250220 fiast feet' more or lesn'to the thread of May C"ek' "Sucs ccuth*48tarly aaatjt al'ong the thrc&d Of said May Crackv 21?,06 feet, more cc to & Point tram whj.ch the true Point I,f be-7fir'ba"s south 1*25,22m 'rest: thence south 1625'22- west 392.35 feet, more or 1048 0i beqinninq; to the true point deed recordect jvSjjUyBJZ2jCT, To czeePtic= and reservations of record contained in rights- 19(10 under auditor's fila No. 193931 offeCting -tr� TOCZrHFR V1TH an easement for ingress, Mineral -aeetwasft5&3i2dj fact of the scat 353 feet of t-j�' :t eqr8Js, and utilities over Government rot 1. e north 60 feet of the south 404 day cl September, 1969, I TAX AR.! i-. 4,TZ OF W.4411 Or chu Scy aeracaylty Erol bddMoj bla_ .9. McClure be L.2 iRdiw"W de2:rMad In C:=,jL.A Ljw tLun � sae dud Lbs =4w is 'Am and :,_rjtig _-j=tj=AtL he r 'roe &Ad yah day 0i Se p ta-zJN --d PM iii UU .ti :'. `; -W- 3aav'Co¢ Mar-, B. !McClure tar .rad m om2idiuiFn of love and affection and ae a gift quft r "'s 4 to Grant • Johnson and earriatte sohnson, hLu [rife the roilm[tt dan'aef nu aa.te, dtuatad la the Cstmq d Lina state of wuhuWan utcladias Lay twereet [Banta which Footer -47 horeaffar acgmeeI ryas Porti -In of Government Lot 1, section 3, TOW=hip 23 north. Range 5 eaa". W.x., in King County, htashington, described as f*UWat 8aginning at the southeast corner of edid Caysrmmeat Lot 1, whLab is aacth 5 2. west 1139.86 aet !ram the northeast corner of said amctLon>I..thaat�.. north, 1°25'22` Bast 30.00 feet: thence north 88.01'27' west, parallel with the South line of said Government GGt, 307.49 feet to the t=W ;hoist of beRinnirsq; thercte cor.tl.nuinq northB8.011i7' west 147.51 fintit thanae north 1•:5122' east 262.13 feet; thence north 65.00'00' east 113.89 feett thane ycuth 93'OL'27° zest 45.51 feet to a point from whitft the timm point of bL,:nning bears South 1*25'22" west, thence youth 1.256220 west 314.00 'set to the true paint of beginning: SUWF= TO exceptions and reservations of record co,itained in deed recorded July 31, 1400 under auditor's file Ne. 193331 effecting mLner3_ rights; and TOGETHER WITH an casement for =ayrass, egress, and utilities 30 feet in width, being the vest 425.00• =ea: of the 04.52 455.00 feet of the south 30 feet in width of said Covera- '•'-+= :.o_ I, the south :5 feet thereof having been previously conveyed as �. _asemer.t f.: r3ad ..:z7poses to Rohert Y. Bradley and. Rase S. Bradley, his "==a, a, deed ,t 3d May 25, 055 under auditor's file No., 4590943. a.0ru LWS /j t G 42y of SepteambAr, 1969. :l+:Sn d,r :xrr�nauy .apesred xfar,,ne Mary B. MCCIuLe •a .rr is.•nt ':.e .�divid�al ?evc:tbal it Ukd ,.at czmuta.l 'nv .rftxia Lad iatgai u'tr.•:+!n1tn1 -:.a: ,iir—I she fa_ -e a her ffm and Vol= .r...nv -'4rd 11.1 :tie;ei ve# fii� A �:. 44Y 'if"l • t:"' •:r.'.:ixj :� •� it .. -�'• - � ]escription: K.ing,NA Document - Year.Month.Day.DocID 1976.1029.96 Page: 1 of 4 ]rder. 30045843 Comment: EA.SE)SENT UINMINNCE AGREEIGM i THIS AGREEMtM is entered into between MARY B.'XcCLM ; -hereinafter referred to as 'the Giantor', and "GRb1IT'M. JDHMSOM and - y .; HNt! t"M J0 . AT0O89. hereinafter referred to as 'Grantees'." t., YH6REAS, the, Grantor has praviously conveyed to Grantees certain property described below together with an efeeemeat for ingress .and egress, and W91 tt:AB, the parties now desire to enter into an agreement regarding maintenance of the easement property, now, therefore. IT IS AGNM as follows: 1. Legal Description of Benefitted Property. The property beaefitted by the easeseat described below to which this agreement .. applies is as follows: ;, Ir The following portions of Government Lot i, Section 3, ;. Trp 23 N, Igo S RON, described as folbovaz Beginning at the 6E oorner of said dovt Got 1 which is South 1 254220 hest 1139.86 ft from the DIE corner of said Sec 3s th North ].025122" last'30.00 fts t1i Sofft.98%1127' Kest parallel with the South 1 I of said, Govt Loft 170.52 ft to the trtss.PCM? t>}eaoe coitika" North• i%x4Z7• 136.97 fti i th Borth 1025122" 9::st 314.00 fts th south 80011270 9aat ,. 140.52 ft7 th South 20041150 Neat 313.99 ft-to the POB, t AIIp esgisniag tt flue S% Qosaer of win iigRt Lot l► ,which is seat 10 5 a 2p• Hest 1139.18 -ft � tr a Ne oarnner f Maid y; Seeti,o81 th,Nosts I028J22je fit' 3990 �fti !h north 9A1'27" Hast, parallel with the 4oath lines of WA-am hqt, 307.19 ft to the tsps past of Y .td . Norm 0"1'27" wast ftI•th 147.51 ftl Z 33 North O1!27y 6.100'00" mot 113.19 ft; t1i; Soath 99 Rut 4s.51-ft to a pt fry Which tbe,• I jm%bears South 1-15'22' Meati - :;• th South 1 29022"=Matt 314'.00 ft to the true POB. 2. DescsWieft of Ea�t -PrgeM The benefitted prop- ; •. f arty has an easement for Ingvessr egress .and utilities over the follow- ing property ow ed.by the Grantors The NSKt 277.49 ft ip %Kdth of thr- Rest 307.49 ft in width of the South 30 ft in width, and the Mest.425.00 ft of-the East 455:00 ft of the South 30'ft ien.vidth of .said Govt Lot 1, Section 3, ToW ship 23 North, Rm"o S East N.11. , situated -in !ting County, State of Washington, EASEMENT MAINTENANCE AGREEMENT-1 ]escription: K.ing,NA Document - Year.Month.Day.DocID 1976.1029.96 Page: 1 of 4 ]rder. 30045843 Comment: 3. Maintenance. The Grantees and all successors and assigns of the Grantees* interest in the benefitted property shall be respon- sible for the maintenance of the North IS fast of the easement prop- erty and -shall be pamitted to but shall not,have the obUgaition to "intaid the South 15 feet of the easement pxopertr.. 4. Parties Bound. This a4reement shall be binding upon the heirs, successors and assigns of the parties provided, ficuiver, that this paragraph shall not be Intezpretated to permit the Grantees to.grant further and Mditicnal'eas"dnt rights to parties not:wdning the benefitted property. DATED this Zs dew of October, 1976. STATE OF WASUNGTON ) 71,,' So. ;-..4 COUWfy:OF KING 8gn On this day of October, 1574,',boftre me, the under-. _ sighed, a x"t"] F"ZU in and ftr-thm i commissioubd and somm personally N. 411 - - known - - Ln I -_ . - .. - . iced Iia" illllillp� known to'%* *a Lnftvidqal Ovagrimm Li. 4 1 goilm - , ,-.WA ackwom t� =4-waaled- F LuipbMAPSW , - 'AW -to ma the said LaStAiment as her f=64M voluntary ict,and dead for the usee'=0 i uphe tbaAUn mentLamstd. WrrNWS wV hand and official ft" hereto affized the day "Tl A ind yQ!ar it this certificate above Wrk"". Wm =4WWWW a= =W =a ata*e Of 0n, residing at EASEMENT MAINTENANCE AGWZNT-2 78scription: King,WA Doc=ent Year, Month. Day. DOCID 1976.1029.96 Page: 2,of 4 order: 30045843 Comment: 12 d;:.61 WE STATE OF WASRI. Nf TOR ) COUNTY OF RING 1 On this' qday of October, 1976, boffore-ra, the mader- • N;10 P 3 n ad , fpN: the of , dNt11 aornisalocAd Ns"" perrawil�Y �r 'arad�r �• Eo Nee de L: known" to be the. iodivid'oal scribed in and Oft executed: tha , fore- going IfRwe ft—t, and admaiwedgcd to re that he signed and sealed t the said laatrsnent as his free "and voluntary act aid deed for the rias 409 peposes therein oentioned. P.�•,'" ti': 'WTHZSS siy hand, ai:d official seal-bexeto affixed the day ;: aivaY *,this certificate above written. RD�a1n and or data of Washiiq", residinq at STATE or NfA6fiiNiCd+0lNJi- � SS. ,fes. OFRING ? OR this ' day, of October, 1976, bntbre sp, the imdnr- signed, a Notary 'PMI in and for the State bf'Washington, duly sad a wasu pesraealir " appeared HAMIRM JONIWW slow, 'c. to NrM; zto be the iadivUWod described in and rho exerfted the artd adlawladW, tD W %beat dn'aigaad sod o�etN taNstst as her free and voluntary act and deed' for the •�rras••i1Md pAax}esa thslsin Mentioned. x,1.5' ' •EE>';r' X 88 a4f d+ad and official anal hamate affixed the daY add Yeas : ° is bertitiarate abooe; written. state of 1 Z ,� ;; llastilagton; 14 am Wr the residing at m r:..4 EASEMENT MAI NTEHANCE AGREEMENT! -3 ,..•-.,,. ..., ..,.-�...Y..JLC.L_+,.�.ru...�-..f.-..w--....w.jaiwr..Lw,.,.a...��+r...-a-... �.w�..A-....ra s.-.arw .-.. ... .ter. Lv.n �ui�.�.r,.iun.. ... x.•. -...-.a t...is.. Description: KIng,WA Document - Year.Month.Day.DoclD 1976.1019.96 Page: 3 of 4 7rder: 30045843 Comment: J 4' . •� YEW 30 . r'1' I'6H"HECUR1i�G M/kt.. V1 ' Record and retarn'ta: ��' �,,'•? PAC % lst FEUMi 5,1MM .-1 8 LOANS ASSN, ..fir - .�� : - — ` • fe 41 r .. 7eacription: King,WA Document - Year°Month.Day°DocID 1976.1029.96 Page: 4 of 4 7rder: 30045943 Comment: PWAOff j EASEMENTMINIM 0 For and in mnside�brn R�IBriUlliSb EXeCutoco r of the ' the 1eceipt of which is hereby ecinowvkdped 6 Estate of !C LUR ,r„ peceaeed 1,Grantor- horelnl, hereby grana, rnnveys end warrants io FUGEr SOlyM3 POWER a LICKI'COWAW. a Washinpon In ON Poe don ("Grant e' hereiol. kw the purposes beraindier eat farlh. a papetua! aeeemenI over, actor and under the followirg damaibed reel prapmly (the "PrcpuW berain) in K1Rg County, Washirron: O The south 30 feet of Government Lot 1, Section 3, Township 23 Borth, Mange 5 East, K.M., King OauntY, . Washington; EXC$PT the Mast 548 feet of said Government Lot I. Lvicept as tray he otherwise eel forth herau. Grantee's rlghn shall be areedsed upon that portloo of the property ([he "R*W-Way' heeial dmcribad as foibwrs: rS1!!�lr�ofAYar– – _–___ieeffawbft he � ----- m — ------ IaeFaFNiwiddueveebsiie larfa6mws Above daecribed. 1% EXCISE TAX OT REQUIRED FILED FOR RECORD AT REDUEST OF: Rl:mrds Division � FOWEE DoP'`fPtMW wASW tat 8e00R : ata AQUW t. Po /ism . Gramme" have the tight to rte. operem, maintalo, repair replace attd eularp one or more electric Vemsen anion and/or &dkbtdm Ihen aver aa/at mxior due Rig *d -way topt6mr with a8 WoNsary or con. vmW@w apporteoa>m &wobx which may kedoda but aft not tlmiud to Ibs foDowiog e. Ombeed ladlbira. Palen %Wow wowara wllb Diems, beeoae. gays and soclrors eloctac transmission and distrihntlao Marr cvmannmdatim and aigrsd Dom tramdaemers. b. UnduWamd heroes. Urv*p umd oondadts cables. vadb, manholes, swiUsse and tramammr, send - buried or rom d mortaawd WHOM se ch as Peds. trmdarme s and meftrdfee. Feilotvitrg the fumed cneMtadion of its fsdlldw MMMU may [rum time to time o5wtrutt such addl%W lion and other facilities as H may require. i. Aman. Graafae"have On right of amen to due Right.af.Way over and moves the Property to amble Grantee to esa cis its rights hermodar. prwldad, that Cranme shall c ompeesaie Grantor for any damep to die Properly caused by the exercise of said right of moeea s. MOW d Tsars. Cones wbaq have the night to cut or trim say and all hrnh or tow arandim or ilivwi li upon the Righsd-Way. and also the rW to cut or trim my tris upon the property wbf& in fd ft could, m Grmlee's reasonable Odpmt. be a hoard to Cantor's faclbdaa. 4. Ormliorls Um d 1111*�d-Wh, Grantor reserves dw rlghi to use dM Rol -of -Way for any pwpm not inconsistent with Ihe 00te. heridn Vented, ptvvldad, that Grmmr duo set mawpttd at mahrtain any bdldby ur other structure on the Righl-of•Wey and Grantor shall do no blutlng wlddtt Ton feet of Crantse's fadUdn without Grmin's prior written con. rent. 51 kAwaa� for and recording dds eesament Grantee agnm to indantaify and hold harntlaa Grants from soy b*trin and/or dams yw suffered by any panus which may ba /used by the Crwae's exardse of the r*% herein grentad; pnwlded, slut Grantee souls sol be responsible 10 Grantor for any lnluriee and/or datnyn eo my per= caused by ads or vuniodow of Grantor. IL Abumilmontant.'flre rights herein granted shall continue until such flea u Grantee canes la use the Ri=hi-cf•Way ml for a period of five 16) succoulve years, In which evthis easement shall terminate and all rrgit:s hereunder shall reverl to Crantm. provided. that no obandortmene shall be deemed to have occurred by reason of Grantees failure to initially in. stall its facilities on the Righl-of-Way within any period of time from the darn hand. f033 era c IA 13 649 236/9 7escription:"Xing,WA Document Year.Month.Day.Doc1'D�1979.705,905 Page: I of 7rder: 30045623 Ca=ent: fl 3 J N O a O t[1 0 I— C3 a e~ t� .o a 0 0 -f 7'a 7.8uaseers sad Am4m. T1A right@ end obiifpdon of the parties shall inure to the benefit nt and he him:irgt upon Their mapective euereaean and asnyte. DATED this 18th day of June GRAM' Mary—p. McClure CHARLES R. BRANSON, Executor of the. STATE OF W"UNG7ON COUNTY OF !Ging � Onddads befanma Marl S MSCluxa to me ktrrrn a be the Lndl ual da cdbed in and who anmtad the widb and foreving instnMeni, and arieMA- vidled "t Abel 4ped the sena as her free and etduntaly seas and dated for the awe end purposes therein mentioned GIVEN under my hand and offidal seal day of 14 Notary Publkin and for die Sul* of Wediingtm . rar ns at STATE OF WAKNCTON I I COUNTY OF L'HAFfT,BB R. filtARfi08, Executor of the On ebb day personallY aPpeand hdqrs ma II to ma known to be the individual -dowib d in who Qaca Q;;61 eg imhemsatr, and wi3wwledged that he sjp d the acme ea hie tree and Wtimury act and dead for the uses and purpoeaa therein umdoeed. G1M order my hand and efBdd regi able loth dad June •,rf �''�•.14 79 9tATE OF WASKINGMN Uf COUNTY OF } ss CORPORATE ACx1+1OWi Pi1GhA8N7 on this day of 19—. bdon mw the mdenipmd. pmamtd y appeared mid town laww to be ties mrd rrpedivalY. of the oorpwatim due enixted the foregoirg intw-mmt, and adnawledpd the said boxamat to be the has sad vohmtary act sad dead of satd ootp "ort. for the uses end pualtars therein metwwwd. ad m mads sw Wd That au;&Kizsd to execute the eskt int and dtat dm rat eHfad to the onpma aW of said wrporaliaa. Wimat a my hard and offlclil veal bsrom sfllnd the dq amd Yea* tint ab7ss wtJ%M NouryPuhlktaaadfor aha Ststs Of Wael>fuglan. raiding a! RECORDED INS DAY JUL 5 11 23 M'11 SYTHE RivlSloN OF RECORDS E COIN" � •-i ?eacrlption: Xing,WA Doc=ent - Year.Month.Day.DoclD 1979.705.905 Page: 2 of 5 ?rder: 30045623 Commtent: LJcT LUKE &LO)JUa CH R..! Li L.✓; Ll � � � t� � s I w . k "I tiding and Land Nvtloptcnt Mviiiun 1600 - 136th Placa Sautheast Brllevue. HA gN706.1400 Tel. 296-6640' Ont AOwner's aawe AdJrvrs Cit► lip r— '40 � k,4j c Rut 0% I Nd'tu ME.11t wl'ainl o/a1'1. l.ut n ew'• er'se [low. J44nu �.'�SG. City � alp Hum&�- - WLt"oC C ewa�r` r�F d. so city tip Plwne (,GG -♦'ref i. TsxIat 1 iwras of Watsr acs Oispoul 1 aartify that lat A the information Lot A L gnstun fornithe4 by me ib trw snd cor oaf ..1521MA KCW6 CQ6 /C- Lal It 1 pp, ract to the etat La qn►lure of my knorledge91 ow, may }�( tLFJ0 .ft R0 Ci tot c ti n–' uxi ]// 7N 1Jl isc / T1, h PO Not tYall Pg ainq as ist*d dile S5. 21 CorPuc. iba E e- P Legal Ceecrlptfani use=. ' Lot k gRC,'EL r-7� AleT r1 LoT L/ _D Los,, !7oae- �u �. 9 4 Z2- 5' 1 b C) • �m � l -t — — — — — — — — — — —tom v �' Lot a •� y., �' Cp � n'l I J 7eacription: King, WA Document - Year. Month. Day.DoclD 1989.127.305 Page: 1 of 3 7rder: 30045623 Comment: ii LA Line AdjuatMent No" }M SCAL(. I'S f (p, 11 Da Rat Write -Below This Line MINSION Approval is hereby granted subject I Q Disapproved because} i _ Planner Date NOT¢n Approtrel of this adju:itaeat dais not isoldri"the prapsrty owner that the subject propeeevLtaaii,b4a,eq� stied Mw Ste and County enb- division requiremmu (XV 51j'? :31 1a q ta Minty 'Title 19). Please be advised that buLi AA;-4MMW. r i Mt be issued to lots which X_ hove not cosplied with the requirowents o[ -laid statute sed code. r'.c - /-� .. ]ascription: King,WA Document - Year.Month.Day.DoclD 1989.127.305 Page: 2 of 3 )rder: 30045623 Comment: —`- - -- — - -- - -�- I if A ."aSJ 10( WAOM 8L Rww 01 )ascription: King,WA Document - Year.Month.Day.AoalD 1989.127.305 Page. 3 of 3 )rder: 30045623 Comment: Lot a. �oU L0MIE City Zip Phone Lot ,D'!JU�BcTWcMV 9SUZLOINGLeavitt Q Q� 0 ar�D WHEN PECORDED RETURN Company TO: LANG DEVELOPMENT aivis'ON Eric Evans N.H., EXCEPT Cho £Rat 774.69 feet of the North CA •� 301 116t;i Avoriue SE -570. Bellevue V.#A 9B004 450 KING COUNTY ADMINISTRATION BUILDING, SEATTLE, WASH. 9$104 TELT 344-7980 Lot a. Ow uc'ti Home A 3raaa City Zip Phone Lot A .«.. .-�. ._.. "r•. Sha 9outhea0t quarter of the Northeast quarter _L A Owner's 1;ama Address City Zip Ahona N.H., EXCEPT Cho £Rat 774.69 feet of the North CA •� 426.1 feet, and tots 1 through 14, Block 1, and LotA 15 through ..t C Owner' s :ism address City Iwp Phone Q Tax Loc i S'.:co of water , sewage Disposal I ear:_Cf that Lot A -A ;_P D the infor�aticn furnished by ne=•ct•A,SL"n tsx'_ O ..r, L3 tae and aor- � � ,`�;. (..{' lot g IDG �� I rect tp 010 best Loc 3 S1yne;:CCra of my knowledge Loc C Loc C S -ac4re ' 1/J see 1/4 See S.ee Tin R Do Hae Kroll Pq Zooin�9 ael+ee ril we 3 z3 S Complain Legal Oaseriptianr _ Lot A .«.. .-�. ._.. "r•. Sha 9outhea0t quarter of the Northeast quarter of Soctioh 3, Township 23 North, Range 5 Eabt, �++r N.H., EXCEPT Cho £Rat 774.69 feet of the North •� 426.1 feet, and tots 1 through 14, Block 1, and LotA 15 through �► 23, Block 7, of the plat of maple Vallay Co-op Conununity Add tion, recorded in Q Volume 66, Page 93, records of Ming County, Washington. O N I � Lot a THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W&'LLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF SAID SUSDIVISIONr THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION. 370 FEET TO TRUE POINT OF BEGINNINGt a THENCE CONTINUING WEST ALONG THE NORTH LINE OF SAID SUBDIVISION. 404.69 4 FEET, THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION. 428. 12 FEET THENCE SOUTH 137 DEGREES 26'08" EAST 245.625 FEETt TF#ENCE NOWTH 1 DEGREES 23.22" EAST 231.66 i-EETt CIA THENCE EAST TO A POINT 190 FEET SDU7'N r1F TRUE P INT OF [1C iN141NDt TintLL4 ;E NORTH TO TRUE POINT OF BEGiNNINGr ALSO TOGETHER WITH THAT PORTION OF THE SOUTHEAST IUARTER OF THE NORTHEAS' - QUARTER OF SAID SECTION 3. DESCRIBED AS FOLLOWS: ' BEGINNING AI TIBC NORTHEAST CORNER OF SAID SUBDIVISIONt G+. THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION, 190 FEET; THENCE DUE WEST 30 FEET TO TRUE POINT OF imovo4mcs i THENCE CONTINUING WEST PARALLEL W11H THE NORTH LINE g�gIR,5UCD ISION 1 174 -PEET r (_0 tt CC THENCE SOUTH I DEGREES 25'22" WEST 171.56 FEET; THENCE SOUTH 87 DEGREES 26'09" F_ -AST 174 FEETr AUG 0 9 THENCE NORTH 171. 56 FEET TO THUS POINT OF BEGINNING, ALL IN K N[. COUNTY., WASHINGTON. SlJBUlVtStLFlvb :r U Lone :+d}usc_:.ernt OR TVA z; I"= V i1 •x' fe1� V FICC. a 8305 Li at O.; KoAD t"SH1r ,s' REC+' 7`+oSr'ro i5 del. �� 3� u � r'I ri n- 2A5.63 < e.,00t lot line v_ Do Not Write Below 17his Line This boundary Lino adjuntmont request: Qualifies for an oxamption under Section 19.26.030 F of the Hing County Subdivision Coda and Suction 58.17 of the Revised Code ofuredhingto .can it doem be builtOr subdivided in thefuturonuranca that the newly 4 Does Vot Quality for an examptio duo to: 1 I 0 ❑o �t- Era i_Ca_� rs 7 I 18 h10'TE 1•Iu EzTrIly 5TrS0GT11 (te5 —.O y �I 22 Do Not Write Below 17his Line This boundary Lino adjuntmont request: Qualifies for an oxamption under Section 19.26.030 F of the Hing County Subdivision Coda and Suction 58.17 of the Revised Code ofuredhingto .can it doem be builtOr subdivided in thefuturonuranca that the newly 4 Does Vot Quality for an examptio duo to: 1 I 0 ❑o El 1 Permit No.: 3-23-5-5 -ro 14 A _____ ___ xi /EL GRAVEL ROAD f SLOPE.. 1 r Ali EX. GRAVEL DR. TOP OF SLOPE 1 EX. SH EO I 4 I �LI I fEVERGREEN I I HEDGE 199 � I EDGE OF -� GRAVELUj 5- w1RE FENCE I 5' W IRE FENCE 193 (n _ RR 11E PLANTER 3' WADE CONC, PAlK 12'CE W 106 g { 4"FR •+� IFB Ex. BLDG. I 2 FR GOODMAN I O'FR } H32 - 5 14'FR i� I 0'FR 13H ]'PERM.ESMT. 1 T" :ONSTR, PERMIT t()'FR 50'FR ~ 5' WIRE FENCE , 233 I I fI { 106 ' I 112. �I'I Rcn - ----E— I �-- , I O'PERM.ESMT. iERAMANTO �-3-2-3-23-5 5 30-CONSTR. PERMIT ;= � � m SE 102ND ST. 14BTH AVE. S.E. MAIN REPLACEMENT IQNG COUNTY WAE. 1h rtST 90PERMIT NO. 3-23-5-5 Ralston, Vdct'.&vp.-:n SZOIS9 FAM09000CMERAMANT•TEN May 7. 19$6 PAGE 3 OF 3 �. .. .. ..... �, _ .. -.... ._...._ 1 s� 0 Permit No.: 3-23-5-5 5. ATTORNEY'S FEES. In case suit or action is commenced by either party, or their successors, heirs or assigns, regarding an encroachment on the easement, in addition to costs provided by statute, the substantially prevailing party shall be entitled to an award of attorney fees in such sum as the Court may adjudge reasonable. , EXECUTED as of the date first above written. STATE OF WASHINGTON) COUNTY OF KING On this 12ch day of- _ .0 19_15__, before me personally appearedJohn Af Eolter and I to me known to be the individuals described in and who executed the within and foregoing Instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Grantors, for the uses and purposes therein mentioned. WITNESS my hand and official seal here axed the d anbove written. d N TARY PUBLIC in and fort State of Washington, '0 residing at 19514 SE L34, Ranton, WA 98059 My commission expires: N STATE OF WASHINGTON) COUNTY OF KING )ss �v V) `. M On this hday of 19—, the undersigned, a Notary Public in and for the Rtnta ^F Washington, duly cornmirminnM and sworn, personally appeared and to me known to me known to be the President and Secretary, respectively, of King County water District #90 the and acknowledged the said instrument to be the free and voluntary act and deed of said ; corporation, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year above written. NOTARY PUBLIC in and for the State of Washington, I(ING COUNTY WATFR DIST, 90 residing at 19514 Se 134 Rontan WA 98059 1F.',!Zi S. E. 1201h R"Oet My commission expires: 1-1-97 Rentro+. woahlnrit4ri 5-M59 MANAGER - WD 90 F;gJ%Q9a+0acS,J6RAMANT.rV May Z. 10911 PAGE 2 OF 3 4t Ll� O tl� 0 M KING COUNTY WATER DISTRICT NO. 90'S Permit For Limited Use of Real Property For Temporary Construction O Permit No.: 3-23-5-5 Project. 14 8TH AVE. SE MAIN REPLACEMENT TERAMANTO 10217 148th Avenue S.E. Renton, WA 98059 THIS LIMITED USE PERMIT made this 12th day of May _ _ T, 19 93 , by and be- tween John Affalter and ("Grantor" herein) and KING COUNTY WATER DISTRICT NO. 90, a Washington municipal corporation (the `District" herein). Grantor hereby grants permission to the District to use the following described real property (the "Property" herein) situated in King County, Washington: The West 30 feet of the East 122 feat of that portion of the Southeast quarter of the Northeast quarter of Section 3, Township 23 North, Range 5 East, W.M„ in King County, Washington described as follows: Begining at the Northeast corner of said subdivision; Thence SOUTH 190 feet; Thence North B7 ° 26'08` West 204 feet to the True Point of Beginning; Thence continuing North 89026'08" West 325 feet; Thence South 1125'22' West 231.66 feet; Thence South 87026'08" East 175.04 feet; Thence North 1 025'22" East -66.56 feet; Thence South 87°26'08" East 150 feet; Thence Northerly to the True Point of Beginning. 1. TERM. Unless otherwise terminated pursuant to the terms hereof, the term of this permit is 90 days beginning on the day the Contractor enters the site for construction. 2. GRANTEES' USE OF PROPERTY. District's use of the property shall be for excavation and, construction of water line(s) and for the inspection thereof. 3. GRANTOR'S USE OF PROPERTY. During the term of this Limited Use Permit, Grantor shall not use the subject property for any purpose unless such use is approved in advance by Grantees in writing. 4. RESTORATION. Upon termination of this permit, the District will restore the surface of the property to a condition as good as or better then it was prior to entry by the District. The District will exercise its best efforts not to damage any private improvements an the property," but if It does so, it shall repair and/or replace said improvements. KING COUNTY WATER DIST. 40 15603 S. I- 1281h ;;roet F;%2Ito 901DOCS%TERAMANT.TEP"2. 1995 PAGE 1 OF 3 Renton, WGshlnWCn 78M9 Easemant No. 3-23-5-5 WIRE FENCE w ~ N N L1B B WERE FENCE lfP 3 -PO WAR -_� •�. - --- - :Ifi EX15T.GRAVEL ROADW - -- TOE OFAE. SLDS Rf GRIAVEL ❑R. .. 'J TOP OF SLOPE I EX. SHE]�I _.—EX. ° I EVERGREEN HEDGE 199 83 EGRAVEL W O + "RE FENCE I 5' WIRE FENCE (n --RR TIE PLANTER 3' WIDE COWC. PATH 12`CE W - 106 > 8 t4'FRIL f BO i EX. BLOC, T' I 2 -FR GOODMANO'FR 3 -23-5\ f 14 -FR co � 0 -FR 194 "� f3N I a'PERM.ESMT. :ONSTR. PERMIT 5 WIRE FENCE 0 o *t i m���li 10'PERM.ESMT.----H TERAMANTO 3-23-5 3O'CONSTR. PERMIT I ,, ION C'C:UMY WNTFm f"5T 90 F.%21%090V00CS%TERAMANT.TEP May 2. 1291 SE 1102ND ST. 148TH AVENUE S.E. MAIN REPLACEMENT EASEMENT NO. 3-23-5-5 PAGE 4 OF 4 a] .. RL-TvR-+ � : 4rrtV+� GoMPwN+off 301 116 AvQ SC- 057o i� {ialu.wS ww geo0y A REEMEN_T_RELINQUISHING_CERTAIN EASEMEN r RIGE3T� THIS AGREEMENT RELINQUISHING CERTAIN EASEMENT RIGHTS (the "AGREEMENT") is made and entered into this 28th day of February 1995 by and between MIKE & CINDY MERRITT, husband and wife ("Merritt'); and STONEGATE LIMITED, a Washington Corporation. {"Stonegate"). RECITALS A. "Merritt" is the owner of that certain real property situated in King County, z Washington, described as follows "Merritt Property": z Parcel 1: EXCISE TAX NOT REQuIAEi] (See Attached Exhibit "A") C. B. "Stoncgate" is the owner of that certain real property located in King County, Washington, described as follows "The Stoncgate Property": Parcel A: THAT PORTION OF GOVERNMENT LOT 1, SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT, NORTH 88 DEGREES 37' 17" WEST 30 FEET FROM THE NORTHEAST CORNER THEREOF: THENCE NORTH 88 DEGREES 37' 17" WEST ALONG SAID NORTH LINE, 594.68 FEET, MORE OR LESS, TO A POINT Wl•IICH IS 698 FEET FROM THE NORTHWEST CORNER OF SAID GOVERNMENT LOT; THENCE SOUTH 17 DEGREES 02' 52" WEST 556.69 FEET, MORE OR LESS, TO A POINT WHICH IS 536 FEET SOUTH OF THE NORTH LINE OF SAID GOVERNMENT LOT AND 548 FEET EAST OF THE WEST LINE OF SAID GOVERNMENT LOT; THENCE SOUTH i DEGREE 25' 05" WEST PARALLEL WITH SAID WEST LINE OF GOVERNMENT LOT, 595.79 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID GOVERNMENT LOT; THENCE SOUTH 88 DEGREES 01'27" EAST ALONG SAID SOUTH LINE, 744.61 FEET, MORE OR LESS. TO A POINT 30 FEET FROM THE SOUT VEST CORNER OF SAID GOVERNMENT LOT AND WEST MARGIN OF 148TH AVENUE SOUTH EAST; THENCE NORTH 1 DEGREE 25' 22' EAST, ALONG SAID MARGIN, 30.00 FEET; 00'31 Nd 998 6940333 UM03 SHIN Nd 0018100 0811-10MG i -210 .4:1 QO r -i C1 f r e Q MEE F;CCd (::oSCyOLvS llnn� CSn� pa yet Write Below This Line ammuraMt This boundary line edJUEtment request: Qualifies for an exemption under Section 19.ZG.07fl(Fl of the King County Subdivision Godo and Section 58.1 7 of the pcvined Code of Washington. It dooa not constitute an armuronea that the newly configured lots? can be built or subdit•idcd in - the futuru. Docs Not Quality for an Cxemptio due to: � ti pa yet Write Below This Line ammuraMt This boundary line edJUEtment request: Qualifies for an exemption under Section 19.ZG.07fl(Fl of the King County Subdivision Godo and Section 58.1 7 of the pcvined Code of Washington. It dooa not constitute an armuronea that the newly configured lots? can be built or subdit•idcd in - the futuru. Docs Not Quality for an Cxemptio due to: � N M 1 THENCE NORTH 88 DEGREES 0 P 27" WEST 425.00 FEET; THENCE NORTH 1 DEGREE 25' 22" EAST 262.33 FEET; THENCE NORTH 65 DEGREES 00' 00"EAST 113.89 FEET' THENCE SOUTH 88 DEGREES 01'27" EAST 323.009 FEET TO SAID WEST ROAD MARGIN, TO A POINT FROM WHICH THE POINT OF BEGINNING BEARS NORTH 1 DEGREE 25' 22' EAST; THENCE NORTH I DEGREE 25'2T' EAST, PARALLEL WITH THE EAST LINE OF SAID GOVERNMENT LOT AND ALONG THE WEST MARGIN OF SAID 148TH AVENUE SOUTHEAST. 735.55 FEET, MORE OR LESS, TO A POINT OF BEGINNING. C. The Merritt Property is adjacent to and abuts the Stonegate Property. D. The Merritt Property is benefited by casement rights which burden a portion of the Stonegate Property. E. The Stonegate Property is in the process of being platted. F. As a result of the intended platting of the Stonegate Property, Merritt and Stonegate desire to terminate certain easements benefiting the Merritt Property and encumbering the area comprising part of the contemplated Stonegate plat. NOW THEREFORE, in consideration of the foregoing, together with other good and valuable consideration, and ilia benefit received by Merritt, their successors and assigns, and the Merritt property through the above described plat, the parties covenant and agree as follows: 1. Release and Extinguishment ofEasernent Merritt, on behalf of Merritt, their heirs, successors and assigns, and as owner of the ,..{ Merritt property, hereby agrees to forever relinquish and extinguish the rights of C:) casements affecting the Stonegate Property contained in the following documents recorded in the Office of Records and Elections of the County of King, State of C� 0 Washington under the follo%ving recording numbers: 0? 4590943 7905170230 2. Lennl Description In the event the legal description or any exhibits to this agreement are erroneous, incomplete or not attached at the time of execution of this Agreement, it is understood and agreed that it is the intent of Stonegate and Merritt to release and extinguish a strip of land 30 feet in width on, across, over, under, in, and along the Stonegate Property. Such Legal descriptions or exhibits may be attached during ilia life of this agreement. 3. raunterparts O CD C-3 Cl) 0 U� i� E This Agreement may be executed in counterparts. 4. Ac At such time as the Stonegate Property is platted access shall be provided to the Merritt Property via a public right of way, Stonegate Property shall continue to allow access to the Merritt Property via the existing driveway located from 146th Avenue SE to the Merritt Property, until such time as a public right of way is constructed. 5. Payin8 Stonegate agrees to pave the existing 10 foot wide Merritt driveway, located on the Merritt Property, for a distance of 450 feet in length. 6. compensation For and in consideration of the signing of this agreement, Stonegate agrees to pay Mr. and Mrs. Merritt the sum of$2,000. 7. Entire Agreement This documents contains the entire agreement between the parties. There are no verbal or other agreements which modify this agreement. Any modification of this Agreement must be in writing and signed by the party against who enforcement of the modification is sought. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. MERRITT MIKE & CINDY MERRITT, HUSBAND AND WIFE. 13YY.' BY; STONEGATE STONEGK!!E-L*MITEDA WAMffNCP.7QN CORPORATION. B;- DONAI.DH. �1, PRE IDENT 4l: 0 HA STATE OF WASHINGTON ) County of King ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day of 1995, before me personally appeared Mr. Donald H. Leavitf. to me known to be th President of the Slonegate Limited, the corporation that executed the within and 7oregoing Instrument, and -acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on an oath stated that he was authorized to execute said instrument, and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS myAga4nd seal affixed the day and year first above written Notary Public in and for the State of Washington, residing at V �,1'' My commission expire�`esq`�� i't`s �pTAR STATE OF WASHINGTON ) '•,�'► PUQ�.�C Ss. ii'�i� ur Noe County of King I+' AS'�!�.' I certify that I know or have satisfactory evidence that the persons appearing berore me and making this acknowledgment are the individuals whose true signatures appear on this documents. M O LD r■f M C) L7 M a 0 On this day o Mrs.Mike Merrrtt� to me 1995, before me foregoing instruLth ment, known to b lda 'acknoI' individuals that ex Personally aPP red Mr, & voluntary act and deed far the useseandd the said instruments to tho be their freerand d purposes ther-eltt mentioned• WZ't'!` ESS my hand and seal BElixed the day and y ave written. a7h it'u Y iic in and for the State of Wash . residing at My commission expires A m Exhibit "A" ;.� THE WEST 548 OF GOVERNMENT LOT 1: SECTION 3, TOWNSHIP 23 NORTHP RANGE 5 EAST, WILLAMETTE MERIDIAN# IN KING COUNTY, -WASHINGTON; ,f EXCEPT THE NORTH 744.708 FEET THEREOF; * TOGETHER WITH AN EASEMENT FOR ROADWAY PURPOSES OVER AND ACROSS THAT PORTION OF THE SOUTH 15 FEET OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER LYING EAST OF A LINE WHICH IS 563 FEET EAST OF AND PARALLEL. TO THE WEST LINE OF SAID SUBDIVISION' EXCEPT THE EAST 30 FEET THEREOF FOR 14STH AVE SOUTHEAST; c TOGETHER WITH AN EASEMENT FOR ROADWAY PURPOSES AS A MEANS OF INGRESS AND EGRESS OVER AND ACROSS A STRIP OF LAND 30 FEET IN WIDTH, THE CENTER LINE q, OF WHICH IS DESCRIBED AS FOLLOWS: y BEGINNING AT A POINT -ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER WHICH IS 548 FEET EAST OF THE SOUTHWEST CORNER THEREOF; AND RUNNING THENCE NORTH PARALLEL, TO THE WEST LINE OF SAID SUBDIVISION TO TERMINATE AT A POINT WHICH IS 744.708 FEET SOUTH AND 548 FEET EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION. v . m v c7 • v o� 2" KI OW) A±ta (mv (Diva 3.".*L1vN TWI -f7 in let �''�; ; nz —(SW�1U 19 0± "Am. (sy3m JR.R.10 well 31 0 I. "'g 9 1 2013 15 0 C LHS 33S 3Nn Hol' .mTrc C) CL- iHS"--33s 3Nn HO.LVP4 .1 —N LV 33k31 eC LL V, X" .1 —N LV 33k31 r �- C:7 Filed for Record at the request of KING COUNTY WATER DISTRICT NO. 90 15606 S.E. 128TH STREET RENTON, WASHINGTON 9J9 Er1,UE D JUN 2 71995 KINi., COUN' S' REt;ORDER Easement No.: 3-23-5.7 Project: 14 8TH AVE Q SE REPLACEMENT N er STONEGATE, LTD .301 116th Avenue S.E.,#570 Bellevue, WA 98004 f' r, XGREEMENT FOR EASEMENT .rss J •:� THIS INDENTURE, made this � day of 19, by and between KING J. COUNTY WATER DISTRICT NO. 90, a m ci� pal corporation of King County, Washington, hereinafter termed the "Grantee", and STONEGATE, LTD!• �► hereinafter termed the "Grantors"; WITNESSETH That the said Grantors forONE DOLLAR ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged by the Grantees, does by these presents convey, grant and warrant unto the Grantee a perpetual easement for water mains and appurtenances under, through, above, and across the following described property situated in King County, Wash- ington, together with all after acquired title of the Grantors therein, and more particularly described as follows: The East 285 feet of the South 15 feet and the West 10 feet of the East 128 feet of the North 15 feet of the South 30 feet of that portion of the Northeast quarter of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington described as follows: Beginning at a point on the North line of Government Lot 1, 30 feet West of the Northeast corner thereof; Thence West along the North line 594.68 feet, more or less, to a point 698 feet East from the Northwest corner thereof; Thence South 17102'52" West 856.69 feet, more or less, to a point 536 feet South and 54B feet East of said Northwest corner of Government Lot 1; Thence South 1 26'07" West 595.79 feet to the South line of Government Lot 1; Thence South 88001'27" East 744.61 feet to a point 30 feet West of the Southeast corner of said Government Lot 1; Thence North 1 °25'22" East 30 feet; Thence North 88°01'27" West 425 feet; Thence North 1 °25'22" East 262.33 feet; Thence North 65000'00" East 113.89 feet; Thence South 88001'27" East 323 feet; Thence North 1 025'22" East to the Point of Beginning. EXCI8�Ea rAX NOT REQUIRED PAGE 1 OF 4 I . IRL � FA 21%080\GOMSTONGATE.TEP May S, 1096 Qf 0 dft Easement No. 3.23-5-7 To -e G- eMer 0.0arrents that tHeir title Is free and clear of all e.-eui -b a tees- except, (These blanks should either be filled in and initialed by the Grantor or X'd out completely.) If the property of the Grantors at the time of granting this easement is unplatted but is platted prior to the recording of this document, then the Grantors do hereby authorize the Grantee to add to this agreement the designation (volume and page, etc.) of such plat. The Grantor acknowledges that part of the consideration being paid by the Grantee is for any and all damage resulting to or resulting hereafter from the possible interference of the natural flow of surface waters by Grantee's digging of pipe lines which may disturb the soil compo- sition within said easement. The Grantee shall have the right without prior institution of any suit of proceeding at law, at such time as may be necessary, to enter upon the easement for the purpose of construct- ing, repairing, altering or reconstructing said water mains, or making any connections here- with, without incurring any legal obligation or liability therefor, provided: (1) The Grantee, Water District No. 90, will restore Grantors property to a condition as good as or better than the premises were prior to entry by the Grantee, Water District No. 90; O C (2) The District will exercise its best efforts not to damage any private improvements on the easement herein, but if it does so, it shall repair and/or replace said improvements, LC (3) Restoration, replacement, and repair shall be completed within 90 days of the date of any entry by the District and said restoration,replacement, or repair will be of a quality and/or quantity that is comparable or better than existed prior to the Grantee's, District's, entry upon the easement. (4) The above set forth conditions shall apply not only to the Initial construction but also to any re-entry by the Water District that becomes necessary for repair and mainte- nance of the water line on said easement. (5) Any damage and/or removal of any ornamental tree, shrub, fence, or rockery shall be replaced within the aforementioned 90 day period by the District. The Grantor shall retain the right to use the surface of the easement if such use does not interfere with the Installation, repairing, altering or reconstructing of the water main. PROVIDED, the Grantor shall not erect buildings or structures of a permanent nature on the easement during the existence of said easement. The easement, during its existence, shall be a covenant running with the land and shall be binding un the successors, heirs, and assigns of both of the parties hereto. F;%21169000CSiSTONGATE.TEP May O, IONS PAGE 2 OF 4 ICING COUNTY WATER DIST, 90, 15606 S. E. 128th gtroet Renton, Woshington 43059 IN AITNESS .WHEREOF, we 19' C1 Easement No. 3-23-5-7 have set our hands and seals this IT 10� day of STATE OF WASHINGTON? COUNTY OF KING }ss y ON this day personally appeared before me and to me known to be the individuals described in and who executed the within and foregoing Instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes mentioned. GIVEN under my hand and official seat this day of , 19,__ - NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON) COUNTY OF KING }ss On this —de— day of , 19q5the undersigned, a Notary Public in and for the State of Washington, duly commissioned and svgom, personally appeared 1, to mn known to ma known to be a President d ecretary, respectively, of _ the and ackn id Instrument to be the free and corporation, for t e:,Usas and purposes therein mentioned. GIVEN under my.ha tl,png%official seal this day a . •, , tri _,.���s •�'"' �"` = NOTARY PU LIC i residing at My commission eApirl F.Q1%*9010DCS15T0NGATE.TEP May 2, 1995 PAGE 3 OF 4 untary act and deed of said 19-15' the State of Washington, IONG COUNTY WATER [)Mr. 4D Ronto, Washington 98059 t j r Easement No. 3-23-5-7 Aft .r1. STONEGATE. LTD. 3 -23-5 7 { 285' r 2I g 30'CONSTR. PERMIT 258 15'PERM.ESM T. 1 �• � � � � 10'x15'FI-! ESM T. t WIRE FENCE N w N UP B R PARE FENCE !A� i CL f, �- i 14 AR ` 3 -PO ' i =+ -=� -- up � EXIST. GRAVEL ROAD _P-9jz ;1 ----- TOE-'OF..,SLOPE RS R l r -'_--EX. GRAVEL DR. EX. SHETOP QF SLOPE --� ] + f 128 EVERGREEN CL t s� HEDGE / A 1: • 199 I EOCE OF FENCE S' WARE FENCE 193 GRAVEL W 3 + (o o RR TIE PLANTER PATH 12"CE t� a ' a' FR f EX. ! B HOUSEi! I I f ! 2"FR I d f 0"FR 2 �! 14-FR00 I i BH I '10"FR 31' 194 I f 10 -FR 10'FR "FR 1"=5 0' I RE FENCE I ` f 33 � � ffN� � f '•{, I. WNG COUNTY WATER DI.Sr. QO 14BTH AVENUE S.E. MAIN RE=PLACEMENT 156D,� S. E. 12811-1 5'roet EASEMENT N0. 3-23-5-7 Ronton, WasK.lnOlcn 52059 F:1MOSOMOMSTONGATE.TEP May 2. 1995 PAGE 4 OF 4 ftr_' ' KING COUNTY WATER DISTRICT NO. 90'S Permit For Limited Use of Real Property For Temporary Construction 0 M. A Permit No.: 3-23-5-7 Project: 1 48TH AVE. SE MAIN REPLACEMENT STONEGATE 3431 116th Avenue S.E.,#570 Bellevue, WA 98004 THIS LIMITED USE PERMIT made this/�' day of 19-Z!F, by and be- tween 19 r—ig-, ("Grantor" herein) and KING COUNTY WATER DISTRICT NO. 90, a Washington municipal corporation (the "District" herein). Grantor hereby grants permission to the District to use the following described real property Ithe "Property" herein) situated in King County, Washington: The East 285 feet of the South 30 feet of that portion of the Northeast quarter of Section 3, Township 23 North, Range 5 East, W.M., in King County, Wash- ington described as follows: Beginning at a point on the North line of Government Lot 1, 30 feet West of the Northeast corner thereof; Thence West along the North line 594.68 feet, more or less, to a point 698 feet East from the Northwest comer thereof; Thence South 17°02'52" West 556.69 feet, more or less, to a point 536 feet South p and 548 feet l=ast of said Northwest corner of Government Lot 1; O Thence South 1 °25'07" West 595.79 feet to the South line of Government Lot 1; Thence South 88°01'27" East 744.61 feet to a point 30 feet West of the Southeast corner of said Government Lot 1; Thence North 1 °25'22" East 30 feet; Thence North B8°01'27" West 425 feet; Thence North 1 °25'22" East 262.33 feet; Thence North 65°00'00" East 113.89 feet; Thence South 88°41'27" East 323 feet; Thence North 1 25'22" East to the Point of Beginning. 1. TERM. Unless otherwise terminated pursuant to the terms hereof, the term of this permit is 90 days beginning on the day the Contractor enters the site for construction. 2. GRANTEES' USE OF PROPERTY. District's use of the property shall be for excavation and construction of water line(s) and for the inspection thereof. 3. ' r shall Rat w6e the 15UbJ80t PFOPO" 49F any purpose unless sueh use is appreyed in adyanee 4. RESTORATION. Upon termination of this permit, the District will restore the surface of the property to a condition as good as or better than it was prior to entry by the District. 14NG COUNTY WATER DIST, 40 FA21109Q%D0CMST0NGATE.TEP May 2. 1 A 9 5 PAGE i OF 3 15W6 S. E. 128111 5'ro9t Renton. NIaihhgton S8059 ,le 0 Permit No.: 3-23-5-7 The District will exercise its best efforts not to damage any private improvements on the property, but if It does so, it shall repair and/or replace said improvements. 5. ATTORNEY'S FEES. In case suit or action is commenced by either party, or their successors, heirs or assigns, regarding an encroachment on the easement, in addition to costs provided by statute, the substantially prevailing party shall be entitled to an award of attorney fees in such sum as the Court may adjudge reasonable. EXECL+TE� as of th d !fifirwf3pove ritten. STATE OF WASHINGTON? COUNTY OF KING ? ss. tZ ay of 19,, before me personally appeared nd to wcr a be the individua escribed in and who executed the within and fore instrument, and acknowledged say strument to be the free and voluntary a deed of said Grantors, for the uses and purpasqs therein mentioned. WITNESS my hand and residing My con' STATE OF WASHINGTON} COUNTY OF KING }ss the day and year above written. PUBLIC in and for the State of Washington, expires: On this J1 day of , 19.5 the undersigned, a Notary Public in and for the State of Washington, duly com ' sioned an iwgrn, pers ally appeared I• to me nown to me known to bet President respectively, of the and acknow e's�ld instrument to be the free and voluntary act and deed of said corporation, for the uses "bnd Oyrposes therein mention WITNESS my hand and official ,seal hereto affixed a and year above written. NOTARYIC n and for the tote of Washington, residing at My commission Ores: MANAGER - WD 90 IQNG COUNTY WATER DIST. 90 156J6 S. E. 1280) S-1 F:%21%49C100C618T0N0ATE.TEA May 2. 1926 PAGE 2 OF 3 Renton. WaiNnvicn TaUS9 r Permit No.: 3-23-5-7 STONEGATE. LTD. 3-23-5 285' - t z l s 5'PERM.ESMTERM4T ' O EE ff E 10'x15'FH ESM'r. U- WIRE FENCE M O WIRE FENCE UP 8 3--Po� n CL j _ UP P6 :. k n I ;_ r '7 :. * Q 14 AR �ti _` ___ _ _ EXIST. ROAD � - -_ _-_-------- 4 Z i - r EY. GRAVEL DR. TOP OF SLOPE EX. SHE] I IHEDGE , EVERGREEN 1 Z$. ` EDGE OF� ;+-CL is + �i I 1 199 1 GRAVEL W 3:FENGE� 1 5' WIRE FENCE (%) a `° I I RR rE PLANTER w . PATH _ 12 -CE 4 � I I B S 4 -FP ;: Ieo I EX. HOUSE o 2'FR = I ;, ' II II �, 1 I 1aFRco I 31' I9a �• 8H- allFR 10'FR , VIRE FENCE J I l i l i 1 233 I I I A I los ICING COUNTY DIST. 40 148TH AVE. S.E. MAIN REPLACEMENT 15:a3a S. E. 1281t: S'raet PERMIT NO. 3-23-5-7 Renton, WashlnDtcn 92059 Fc121 OWDOMSTONOATE.TU May t, 1229 PAGE 3 OF 3 d' 0 d" V©! M Filed for Record at the request of KING COUNTY WATER DISTRICT NO. 90 15606 S.E. 128TH STREET RENTON, WASHINGTON 98055 ( J U L 2 1 1995 ::,� 0 Easement No.: 3-23-5-5 Project:148TH AVE, SE REPLACEMEW TERAMANTO 10217 148th Avenue S.E. Renton, WA 98059 AGREEMENT FOR EASEMENT THIS INDENTURE, made this i 2th day of Mny 19_ gam, by and between KING COUNTY WATER DISTRICT NO. 90, a municipal corporation of King County, Washington, hereinafter termed the "Grantee', and TERAMANTO and hereinafter termed the 'Grantors'; WITNESSETH That the said Grantors for ONE DOLLAR ($1.00) and other valuable consideration; the receipt of which is hereby acknowledged by the Grantees, does by these presents convey, grant and warrant unto the Grantee a perpetual easement for water mains and appurtenances under, through, above, and across the following described property situated in King County, Wash- ington, together with all after acquired title of the Grantors therein, and more particularly described as follows: The West 10 feet of the East 112 feet of that portion of the Southeast quarter of the Northeast quarter of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington described as follows: Begining at the Northeast corner of said subdivision; Thence SOUTH 190- feet; Thence North 87026'08" West 204 feet to the True Point of Beginning; Thence continuing North 89°26'08" West 325 feet; Thence South 1025'220 West 231.66 feet; Thence South 87026'08' East 175.04 feet; EXCISE TAX NOT REQUIRED Thence North 1 °25'22' East 66.56 feet; King ca. cords Pivislan Thence South 87°26'08" East 150 feet; iy Thence Northerly to the True Point of Beginning. The Grantor warrants that their title is free and clear of all encumbrances except: XXXXXXXXXXXXXXXXXXXXXXXXXX (These blanks should either be filled in and Initialed by the Grantor or X'd out complotely.l F;1211090100MTERAMANT.TEP May 7. 1995 PAGE t OF 4 r r_, E 7,777 LLLL Easement No. 3-23-5-5 If the property of the Grantors at the time of granting this easement is unplatted but is platted prior to the recording of this document, then the Grantors do hereby authorize the Grantee to add to this agreement the designation (volume and page, etc.) of such plat. The Grantor acknowledges that part of the consideration being paid by the Grantee is for any and all damage resulting to or resulting hereafter from the possible Interference of the natural flow of surface waters by Grantee's digging of pipe lines which may disturb the soil compo- sition within said easement. The Grantee shall have the right without prior institution of any suit of proceeding at law, at such time as may be necessary, to enter upon the easement for the purpose of construct- ing, repairing, altering or reconstructing said water mains, or making any connections here- with, without incurring any legal obligation or liability therefor, provided: ('I) The Grantee, Water District No. 90, will restore Grantors property to a condition as good as or better than the premises were prior to entry by the Grantee, Water District No. 90; (2) The District will exercise its best efforts not to damage any private improvements on the easement herein, but if it does so, it shall repair and/or replace said improvements; (3) Restoration, replacement, and repair shall be completed within 90 days of the date of any entry by the District and said restoration, replacement, or repair will be of a quality and/or quantity that is comparable or better than existed prior to the Grantee's, 11? District's, entry upon the easement. _ 1 M' The above set forth conditions shall apply not only to the initial construction but also to any re-entry by the Water District that becomes necessary for repair and mainte- Oj nance of the water line on said easement. (5) Any damage and/or removal of any ornamental tree, shrub, fence, or rockery shall be replaced within the aforementioned 90 day period by the District. The Grantor shall retain the right to use the surface of the easement if such use does not interfere with the installation, repairing, altering or reconstructing of the water main. PROVIDED, the Grantor shall not erect buildings or structures of a permanent nature on the easement during the existence of said easement. The easement, during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of both of the parties hereto. MNG COUN11Y WATER D;ST. 40 15�' Vi S, E. 126ih S• r, ^t lZ3llti:1, Ya7:.',!n;:kn 7.GOIJ9 f:121109MOOMTERAMANT.TV May S. 1795 PAGE 2 OF 4 0 Easement No. 3-23-5-5 i - • IN WITNESS WHEREOF, we have set our hands and seats this day of V P - .� 7"A�1227, Z�',,, STATE OF WASHINGTON)ss COUNTY OF KING 1 , ON this day personally appeared before me and to me known to be the individ als described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes mentioned. GIVEN under my hand and official seal this day of , 19_. IGNG COUNTY WATER DIST. 90 15N':. S. E. 128th ; troet Ranh,. i. %'Jb�hingicn 1=59 STATE OF WASHINGTON) COUNTY OF KING }ss NOTARY PUBLIC In and for the State of Washington, residing at My commission expires: On thisALA day of —,19611 the undersigned, a Notary Public in and for the State of Washington, duly orrimissioned and swam, personally appeared ,�.1&Gcxt ,} and 40 M to me known to be the President and Secretary, respective} , of rgji4 -the and acknowledged the said instrument to be the f=ee and vofuntary At and deed of said corporation, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /S day of �('e J�j_. 19. 'h E g F:i7Itoo 6lD�CS'.THAM RAANT.TEP M*y 31. 1206 PAGE 3 OF M Cp�� JTSldn 6Z7C}'�Ir/ S P%�.li�/�y7 X to d" 0 V) 0 77 Filed for Record at Easement No.: 3-23-5-6 the request of KING COUNTY WATER DISTRICT NO. 90 Project: 1 48TH AVE. SE REPLACEMENT n 15606 S.E. 128TH STREET RENTON, WASHINGTON 98055 DUANE GOODMAN F; �f ED 14701 S.E. 100TH Street Renton, WA 98059 J U L Z 1 1985 f ` AGREEMENT FOR EASEMENT a;ri� ti r^ THIS INDENTURE, made this 25th day of May , 19_45 , by and between KING COUNTY WATER DISTRICT NO. 90, a municipal corporation of King County, Washington, hereinafter termed the "Grantee% and DUANE GOODMAN =&. Max llenderson F.O.A. hereinafter termed the 'Grantors"; WITNESSETH That the said Grantors for ONE DOLLAR ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged by the Grantees, does by these presents convey, grant and warrant unto the Grantee a perpetual easement for water mains and appurtenances under, through, above, and across the following described property situated in King County, Wash- ington, together with all after acquired 4title of the Grantors therein, and more particularly described as follows: The West 10 feet of the East 31 feet of the following described parcel: The West 85 feet of the of the North 190 feet of the East 370 feet of the Southeast quarter of the Northeast quarter of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. The Grantor warrants that their title is free and clear of all encumbrances except: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxx 'xxxx xx x xxxx,),=kk xxxxxxxxxxxxxxxxxxxxxxxxxxxxXcxxxxxxxxxxxxxxxxxxxxxxxx x?[ (These blanks should either be filled in and initialed by the Grantor or X'd out completely.) If the property of the Grantors at the time of granting this easement is unplatted but is platted prior to the recording of this document, then the Grantors do hereby authorize the Grantee to add to this agreement the designation (volume and page, etc.) of such plat. Fd21109G%D0C8%G00DMAM.TEP May 7. 1906 PAGE 1 OF 4 EXCRED ISE TAXr. RNoTQ DhAW n C 0 Easement No. 3-23-5-$ The Grantor acknowledges that partof the consideration being paid by the Grantee is far any and all damage resulting to or resulting hereafter from the possible interference of the natural flow of surface waters by Grantee's digging of pipe lines which may disturb the soil compo- sition within said easement. c. The Grantee shall have the right without prior institution of any suit of proceeding at law, at such time as may be necessary, to enter upon the easement for the purpose of construct - Ing, repairing, altering or reconstructing said water mains, or making any connections here- with, without incurring any legal obligation or liability therefor, provided: (1) The Grantee, Water District No. 90, will restore Grantors property to a condition as good as or better than the premises were prior to entry by the Grantee, Water District No. 90, (2) The District will exercise its best efforts not to damage any private improvements on the easement herein, but if it does so, it shall repair and/or replace said improvements; (3) Restoration, replacement, and repair shall be completed within 90 days of the data of any entry by the District and said restoration, replacement, or repair will be of a quality and/or quantity that is comparable or better than existed prior to the Grantee's, District's, entry upon the easement. 411:91L+r; ' (4) The above set forth conditions shall apply not only to the initial construction but also 0 to any re-entry by the Water District that becomes necessary for repair and mainte- nance of the water line on said easement. (5) Any damage and/or removal of any ornamental tree, shrub, fence, or rockery shall be HT1 replaced within the aforementioned 90 day period by the District. The Grantor shalt retain the right to use the surface of the easement if such use does not interfere with the Installation, repairing, altering or reconstructing of the water main. PROVIDED, the Grantor shall not erect buildings or structures of a permanent nature on the easement during the existence of said easement. The easement, during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of both of the parties hereto. fQN !;� Cr urm WAT n r,:sr. 40 F:%21%090100CS%G000MMl.TEP May 5. 1995 PAGE 2 OF 4 Easement No. 3-23-5-6 IN WITNESS WHEREOF, we have set our hands and seals this25th day of irStsv _ 19�,g,. DUANE GOODMAN Max Henderson, P.O.A. 3 STATE OF WASHINGTON) COUNTY OF KING 'ss ON,this day personally appeared before me DWA4E GOGEOVIAN &M Max Henderson to me known to be the individuals described in and Who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes mentioned. .GIVEN under my hand and official seal this 25th day of May , 19 95. P 641 i NOTARY PUBLIC in and for the tate of Washington, residing at 19514 SE 134th. Renton, WA 98059 My commission expires: Ln 07 IONS COLIW wmr, G.st. 90 S E. 12011L 1 1•.:nst ��� i;•:,: �. 1i�a:hln�n :'...�:;9 FA2I%09Q%D0GS%f=DMAN.TEP May 2. 1095 PAGE 3OF4 1"=50' ID6 SE 102ND ST. 148TH AVENUE S.E. MAIN REPLACEMENT ' EASEMENT NO. 3-23-5-6 ', PAGE 4 OF 4 • Easement No. 3-23-5-8" � 15'PERM.ESMT. �� I 5- MARE FENCE 10'x15'FH ESMT. U1 23,E I i i'v WIRE FENCC N cn m N N ^' 14 AR 112' � ----- - of OF SLOPE R1 TDP OF SLOPE ------ C. EDGE OF W TERAMANTO GRAVEL f EX. 5t1EE]j i 3-23-5 1i air Ex. GRAVEL DR, „ i� i I' EVERGREEN HEDGE m I ?� s. E. 126%1. 5' W1RE FENCE i 5' WIRE FENCE _ RR 11C PLANTER 3' MADE CONC. PATH 12 -CE IDSC6 ' -FR T4 � BO EX. atOc. T l i AN FR GOODMAN 0 . FR 3 -23-5 i I 14"FR 6 31' HH I "FR IO'PERM.ESMT. - It--'l0"FR io'FR 1"=50' ID6 SE 102ND ST. 148TH AVENUE S.E. MAIN REPLACEMENT ' EASEMENT NO. 3-23-5-6 ', PAGE 4 OF 4 • Easement No. 3-23-5-8" � 15'PERM.ESMT. �� I 5- MARE FENCE 10'x15'FH ESMT. U1 23,E I i i'v UB B MARE FENCE J l 3 -PO 112' 1 ----- - of OF SLOPE R1 TDP OF SLOPE 1 O'PERM.ESM T. EDGE OF W TERAMANTO GRAVEL 3-23-5 1i air 30'CONSTR. PERMIT „ i � m PONS C'0U TY %AATr? f' n 40 ?� s. E. 126%1. FA2110901D0CS%G00DMAN.TFP Moo 2.1995 1"=50' ID6 SE 102ND ST. 148TH AVENUE S.E. MAIN REPLACEMENT ' EASEMENT NO. 3-23-5-6 ', PAGE 4 OF 4 Easement No. 3-23-5-8" � 15'PERM.ESMT. �� I 10'x15'FH ESMT. j UB B MARE FENCE J 3 -PO ^EXIST. GRAVEL ROAD 1 ----- - of OF SLOPE R1 TDP OF SLOPE EDGE OF W GRAVEL 193 CDW } t 'Z 0p ?� I94 1"=50' ID6 SE 102ND ST. 148TH AVENUE S.E. MAIN REPLACEMENT ' EASEMENT NO. 3-23-5-6 ', PAGE 4 OF 4 ri KING COUNTY WATER DISTRICT NO. 90'S Permit For Limited Use of Real Property For Temporary Construction 0 Permit No.: 3-23-5-6 Project: 1 48TH AVE. SE MAIN REPLACEMENT DUANE GOODMAN 14701 S.E. 100TH Street Renton, WA 98059 THIS LIMITED USE PERMIT made this 25th m day of May 1995, by and be- tween DUANE GOODMAN VM Max Henderson, P.C.A. ("Grantor" herein) and KING COUNTY WATER DISTRICT NO. 90, a Washington municipal corporation (the "District" herein)., Grantor hereby grants permission to the District to use the following described real property (the "Property" herein) situated in King County, Washington: The West 30 feet of the East 41 feet of the following described parcel: The West 85 feet of the of the North 190 feet of the East 370 feet of the Southeast quarter of the Northeast quarter of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington. 1. TERM. Unless otherwise terminated pursuant to the terms hereof, the term of this permit is 90 days beginning on the day the Contractor enters the site for construction. V) 4 !r 2. GRANTEES' USE OF PROPERTY. District's use of the property shall be for excavation and construction of water line(s) and for the inspection thereof. 3. GRANTOR'S USE OF PROPERTY. During the term of this Limited Use Permit, Grantor shall not use the subject property for any purpose unless such use is approved' in advance by Grantees in writing. 4. RESTORATION. Upon termination of this permit, the District will restore the surface of the property to a condition as good as or better than it was prior to entry by the bistrict. The District will exercise its best efforts not to damage any private improvements on the property, but if it does so, it shall repair and/or replace said improvements. 5. ATTORNEY'S FEES. In case suit or action is commenced by either party, or their successors, heirs or assigns, regarding an encroachment on the easement, In addition to costs provided by statute, the substantially prevailing party shall be entitled to an award of attorney fees in such sum as the Court may adjudge reasonable. IGIN C•r:'..,t,lfY wt— r -r-T. go F3211o9o11301MG00CIMAN.TEPMAY 2.1996 PAGE 7 OF 3 111 EXECUTED as of the date first above written. j M x S. Henderson, P.O.A. DUANE GOODMAN G W r STATE OF WASHINGTON} COUNTY OF KING W 111 d" 0 0 Cq V* 0 Ln 0 Permit No.: 3-23-5-6 On this 25t -b day of may , 19_ 95 , before me personally appeared DtbkW GQG4NV6W XM Max Henderson P.O.A. to me known to be the Individu- als described in and who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Grantors, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year above written. NOTARY PUBL C in and for this State of Washington, residing at 19514 SE 134th, Renton, WA 98059 My commission expires: -1-97 l NI -3 co --my wAii:n r*T 90 P:1211090W0Cs,G000MAN.TBP M.r 2. 1903 PAGE 2 OF 3 r. Permit No.: 3-23-5-6 IS'PERM.ESMT.• 25B , '1 S H ESMT. WRE FENCE n r4 N B B WIRE FENCE ��i rupulolpx 3—PQ EXIST. GRAVEL ROAD --mom- ------------ - _ r� EX. GRAVEL DR. TOP OF SLOPE o, U EX. SHEO�I EVERGREEN HEDGE EDGE OF I I GRAVEL I99 ca ' 5' WIRE FENCE I 5' WIRE FENCE I93 RR TIG PLANTER 3' WIDE CONC. PATH 12'CE w; i 1 106 a f4 -FR 4 � BO L Ex. BLDG. z'FR GOODMANI� o -FR 3 -23-5 I I t4 -FR co 6 319 194 ABBH I O'FR 10'PERM.ESMT. 1O`FR + O'CONSTR. PERMIT iO"FR —50 A"FR cp 5' WIRE FENCE I I� j f 0 Z33 ! I i ie i I OS in� ,T2• . cn IO'PERM.ESM T. TERAMANTO I i 3-23-5 3O'CONSTR. PERMIT I m I 'SE 102ND ST. � 148TH AVE. S.E. MAIN REPLACEMENT 17!U. 90 PERMIT NO. 3-23-5-6 F:12110901D0CS%W0 NtAN.TEP M" 2- -1995 PAGE 3 OF 3 99 L191*I ®OOOOB 40p4r �kggigi PIN VIA atQ4"• r i ., .. 00 Q .. 9 Z D -4 Z ov Z � oma C N z �• 0 o0 z 0� ■ ■ ri Q W 0 = N Z W Z OV Z �. Ln M o C r i ., .. 00 Q .. 9 Z D -4 Z ov Z � oma C N z �• 0 o0 z 0� ■ ■ ri Q W 0 = N Z W Z OV Z �. Ln M Q Q m I N0123'OT E - 439As C4fArD) - N 01'25'11' E - 4034ASIgM 1r63/Mj hio Etata O T D 42. 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I ( - I I Please print neatly or type information Document Title: 11111111111111111 20,030715001585 as��bHOR00 K195WNNTY , Ax King County Form --Seller's Notice of On -Site Sewage System Operation and Maintenance Requirements . Reference Number(s) of Related Documents: Additional Reference tis on page Grantor(s) (Last, First, and Middle Initial) Additional Grantors on page Grantee(s) (Last, First, and Middle Initial) THE PUBLIC Legal Description (abbreviated form: lot, block, plat or section, township, range, quarter/quarter) Lc t' 1 9 2, wJ Additional legal is on page Assessor's Property Tax Parcel/Account Number Additional parcel #!s on page The Auditor/Recorder will rely on the information provided on this form The staff will not read the documents to verify the accuracy or completeness of the indexing information provided herein NWMLS Form 2211 ®Copyrighl 2Q01 Seller's Nonce of OSS Nonhwesl Muhiple Lisling Service Rev 4101 ALL RIGHTS RESERVED Page 2 of a KING COUNTY FORM - SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Assessor's Tax Parcel ID# (j3 A 3 O 5-7 oL51 1 Seller is the owner of real property within King County, which is legally described as follows Tk&--1' ,A A141 n eL e P Lnf I r► -W-.p u. g_ . a u er+Er tic 2 The above-described real property is served by an on-site sewage system ["OSS") 3 The Code of the King County Board of Health,'Section 13 60 005 establishes certain respon- sibildies of the OSS owner with respect to the operation and maintenance of an On-site Sewage System, as follows A The OSS owner is responsible for the continuous proper operation and maintenance of the OSS, and shall 1 Determine the level of solids and scum In the septic tank at least once every three (3) years for residential system with no garbage grinder and once every year If a garbage grinder is installed and, unless otherwise provided in writing by the health officer, once every year for commercial systems 2 Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary 3 Cause preventive maintenancelsystem performance monitoring inspections to be conducted and any indicated service to be performed by an approved person at a minimum frequency in accordance with Table 13 60-1 unless otherwise established by the health officer or the sewage review committee 4 Operate and maintain all OSS in accordance with this title, with pertinent alternative system guidelines issued by the DOH [State of Washington Department of Health] and with the approved OSS owner's operating and maintenance instruction manual 5 Protect the OSS area including the reserve area from a Cover by structures or Impervious material, b Surface drainage, c Sal compaction, for example, by vehicular traffic or livestock, and d 'Damage by soil removal and grade alteration 6 Maintain the flow of sewage to the OSS at or below the approved design both in quantity and waste strength 7 Direct drains, such as footing of roof drains away from the area where the OSS is located NWMLS Form 22U GCopynght 2001 Seller's Notice of OSS Northwest Multiple Listing Service Rev 4101 ALL RIGHTS RESERVED Page 3 of 3 KING COUNTY FORM - SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS B The owner shall not allow 1 Use or Introduction of strong bases, strong acids or organic solvents Into an OSS for the purpose of system cleaning, 2 Use of a sewage system additives unless It is specifically approved by the DOH, or 3 Use of an OSS to dispose of waste components atypical of residential wastewater, for example, but not limited to, petroleum products, paints, solvents, or pesticides R. 4� 7-//-03 Seller Date STATE OF WASHINGTON ) ss COUNTY OF KING f7�i1-o3 Seller Date On this day of , _ ,,->003 , before me personally (mo h) (year) appeared 6A_nr _ --1- 44" Alka25�] , to me known to be the "individual(s)'�described herein 0d who executed the foregoing instrument as histher/their Free and voluntary act and deed for the uses and purposes herein stated Given under my hand and official seal this 7Nday of -U Ci3 (mo ) (year) Print Name 10 I NOTARY PUBLIC in and for the State of Washington, Residing at My Appointment Expires — Q ~ 6> AFTER RECORDING MAIL TO: DAVID L RIGLEY 9845 - 148TH AVE S E RENToN. WA 98059- T SAS 22 00 46 WA Abbreviated Legal. Por. of Gov. Lot 1, Sec. 3, Twn. 23 N., R 5 E , W M MI Legal Descriptions on Pages 1 and 2 Tax Parcel Nos.: 032305-9257-06, 032305-9224-06 EASEMENT AGREEMENT EASEMENT AGREEMENT executed this 14th day of June, 2004, by and between DAVID L. RIGLEY, a marred person as his separate estate, (hereinafter referred to as "Grantors"), and DAVID L. RIGLEY and BONNY RIGLEY, husband and wife, (hereinafter referred to as "Grantee"). WHEREAS; Grantor is the owner, in fee supple, of that certain unimproved real property, legally described as follows: That portion of Government Lot 1, in Section 3, Township 23 North, Range 5 East, W M., in King County, Washington, described as follows Beginning at a point North 88°01'27" West 30 00 feet and North 01025'22" East 30 00 feet from the Southeast Corner of said Government Lot 1, Thence North 01 °25'22" East 205 00 feet to the True Point of Beginning, Thence North 01 025122" East 109.00 feet, Thence North 88°01'27" West 136.97 feet; Thence South 02004'15" West 109.00 feet, Thence South 88°01'27" East 138 20 feet to the True Point of Beginning. (ALSO KNOWN as Parcel A of King County Short Plat No 07992 as approved on July 20, 1970) (hereinafter referred to as "Parcel A") OLD REPUBLIC TITLE LTD. M ----2V 51 Tax Parcel Number. 032305-9257-06 AND WHEREAS; Grantees are the owners, in. fee simple, of that certain real property commonly known as 9845 148th Avenue Southeast, Renton, Washington, winch is adjacent to the above described real property of Grantor. which real property is legally described as follows: Easement Agreement - Page 1 That portion of Government Lot 1, in Section 3, Township 23 North, Range 5 East, W M , in King County, Washington, described as follows Beginning at a point North 88°01'27" West 30 00 feet and North 0 t°25'22" East 30 00 feet from the Southeast Corner of said Government Lot 1, Thence North 01 °2522" East 109.00 feet to the True Point of Beginning, Thence North 0112522" East 96 00 feet; Thence North 88°01'27" West 138 20 feet, Thence South 02°04'15" West 96 00 feet, Thence South 88101'27" East to the True Point of Beginning. (ALSO KNOWN as Parcel B of King County Lot Line Adjustment No. 8811012, recorded under King County Recording No 8901270305) (hereinafter referred to as "Parcel B") Tax Parcel Number 032305-9224-06 AND WHEREAS; the parties hereto do hereby desire to create an easement for utilities over, under, upon across and through a portion of the above described Parcel A, for the benefit of the above described Parcel B, WITNESSETH NOW, THEREFORE, IN CONSIDERATION of the mutual promises, covenants and agreements contained herein, and the mutual benefits to be derived therefrom, the parties hereto do hereby promise, covenant and agree as follows. 1. Easement, Grantor does hereby grant and convey to the Grantee, their heirs, executors, successors and/or assigns, an easement for utility purposes over, under, upon, across and through the following described property. That portion of Government Lot 1, in Section 3, Township 23 North, Range 5 East, W M , in King County, Washington, described as follows Beginning at a point North 88°01'27" West 30.00 feet and North 01°25'22" East 30.00 feet from the Southeast Corner of said Government Lot 1; Thence North 01025'22" East 205.00 feet to the True Point of Beginning, Thence North 011125'22" East 109 00 feet, Thence North 88001127" West 10 00 feet, Thence South 02004115" West 109.00 feet; Thence South 88001'27" East 10.00 feet to the True Point of Beginning (hereinafter referred to as "Easement") 2. Covenant Running with Lands/Attorney's Fees. This Agreement shall be a covenant turwng with the lands described herein, and shall rnur+e to the benefit of the parties hereto, their heirs, executors, successors and/or assigns In the event that any party to this Agreement, their heirs, executors, successors and/or assign, retains the services of an attorney to enforce any Easement Agreement - Page 2 provision of flus Agreement, the prevailing party in such enforcement proceedings shall be entitled to recover their reasonable attorney's fees and costs incurred therein IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date and year first above written David L. kigley'j U IN , M ME M I ILI Bonn?yPugley STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me, a notary public, David L Rigley, to me known to be the individual described in and who executed the within instrument and acknowledged that he signed the same as lus free and voluntary act and deed for the uses and purposes herein mentioned GIVEN UNDER MY HAND AND OFFICIAL SEAL this �(� day of August, 2004 �� M;_ qN, ��� Printed Name: NOTARY PUBLIC to and for the Sjate of Washington, residing at jjg�k Il.94 &Sf w My Commission Expires r d(Zd{ doG `,%k01ll/l1., .�� S S 0H.q/I'll CL tAOTAR y IL _, m 4 C �N� QC PUBLIC 45 Off. ER 2% ti ~� / 0F'WAS1,11 111o*' Easement Agreement - Page 3 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On flus day personally appeared before me, a notary pubbe, Bonny Rigley, to me known to be the individual descnbed m and who executed the within instrument and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes herein mentioned GIVEN UNDER MY HAND AND OFFICIAL SEAL this _[ day of August, 2004 Printed Name- - � sa 60,rC NOTARY PUBLIC in and for the St`a of Washington, residing at i;M dA- 'tF�i 65M My Commission Expues. o , 2,00 , S� s 0A1 �1,e fit,►, E N rF e NOTARY A NO Pusoc � � o IV AAZ F WP,\ Easement Agreement - rage 4 In AFTER RECORDING MAIL TO: PAM L. RIGLEY 1516 No. 19TH 5T�I fi112 201041027002314 T1 TL EAS 22-00 OF 014 10127 0 MT. VERNON, WA 982TEXCISE TAX Nfff REQUIRED Kin County R cords DIMSIon BY/ , Deputy Abbreviated Legal: Por. of Gov. Lot 1, Sec. 3, Twn. 23 N., R. 5 E., W.M. Full Legal Descriptions on Pages 1 and 2 Tax Parcel Nos.: 032305-9257-06,032305-9224-06 Reference No.: 20040812000876 AMENDED EASEMENT AGREEMENT EASEMENT AGREEMENT executed this 21st day of October, 2004, by and between SIERRA HOMES, INC., a Washington corporation, (hereinafter referred to as "Grantor"), and DAVID L. RIGLEY and BONNY RIGLEY, husband and wife, (hereinafter referred to as "Grantee"). WHEREAS; Grantor is the owner, in fee simple, of that certain unimproved real property, legally described as follows: That portion of Government Lot 1, in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point North 88°01'27" West 30.00 feet and North 01025'22" East 30.00 feet from the Southeast Comer of said Government Lot 1; Thence North 01'25'22" East 205.00 feet to the True Point of Beginning; Thence North 01025'22" East 109.00 feet; Thence North 88001'27" West 136.97 feet; Thence South 02°04'15" West 109.00 feet; Thence South 88001'27" East 138.20 feet to the True Point of Beginning. (ALSO KNOWN as Parcel A of King County Short Plat No. 07992 as approved on July 20, 1970) (hereinafter referred to as "Parcel A") Tax Parcel Number: 032305-9257-06 AND WHEREAS; Grantees are the owners, in fee simple, of that certain real property commonly known as 9845 148th Avenue Southeast, Renton, Washington, which is adjacent to the above described real property of Grantor, which real property is legally described as follows: Amended Easement Agreement - Page i y That portion of Government Lot 1, in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point North 88°01'27' West 30.00 feet and North 01025122" East 30.00 feet from the Southeast Corner of said Government Lot 1; Thence North 01°25'22" East 109.00 feet to the True Point of Beginning; Thence North 01°25'22" East 96.00 feet; Thence North 88°01'27" West 138.20 feet, Thence South 02'04'15" West 96.00 feet; Thence South 88001'27" East to the True Point of Beginning. (ALSO KNOWN as Parcel B of King County Lot Line Adjustment No. 8811012, recorded under King County Recording No. 8901270305) (hereinafter referred to as "Parcel B") Tax Parcel Number: 032305-9224-06 AND WHEREAS; an Easement Agreement was recorded under King County Recording No. 20040812000876, which contained an erroneous Iegal description of the Easement conveyed thereon; AND WHEREAS; the parties hereto do hereby desire to amend and create an easement for utilities over, under, upon across and through the West 10 feet of the above described Parcel A, for the benefit of the above described Parcel B; WITNESSETH: NOW, THEREFORE, IN CONSIDERATION of the mutual promises, covenants and agreements contained herein, and the mutual benefits to be derived therefrom, the parties hereto do hereby promise, covenant and agree as follows: 1. Amended Easement. Grantor does hereby grant and convey to the Grantee, their heirs, executors, successors and/or assigns, an easement for utility purposes over, under, upon, across and through the following described property: That portion of Government Lot 1, in Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point North 88°01'27" West 30.00 feet and North 01°25'22" East 30.00 feet from the Southeast Corner of said Government Lot 1; Thence North 01°25'22" East 205.00 feet; Thence North 88001127" West 138.20 feet to the True Point of Beginning; Thence North 02'04'15" East 109.00 feet; Thence South 88°01'27" East 10.00 feet; Thence South 02°04'15" West 109.00 feet; Thence North 88001'27" West 10.00 feet to the True Point of Beginning. (hereinafter referred to as "Amended Easement") 2. This Amended Easement Agreement supercedes and replaces that certain Easement Amended Easement Agreement - Page 2 Agreement recorded under King County Recording No. 20040812000876. 3. Covenant Running with Lands/Attorney's Fees. This Agreement shall be a covenant running with the lands described herein, and shall inure to the benefit of the parties hereto, their heirs, executors, successors and/or assigns. In the event that any party to this Agreement, their heirs, executors, successors and/or assign, retains the services of an attorney to enforce any provision of this Agreement, the prevailing party in such enforcement proceedings shall be entitled to recover their treasonable attorney's fees and costs incurred therein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date and year first above written. SIERRA HOMES, INC. BL -t LNA=:, \� D Finkbeiner, President �&A& David L. Rigley STATE OF WASHINGTON ) } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Dan Finkbeiner signed this instrument, and on oath stated that he is authorized to execute the instrument and acknowledged it as the President of Sierra Homes, Inc., to be the free and voluntary act of such parry for the uses and purposes mentioned in this instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of October, 2004. Amended Easement Agreement - Page 3 P i • `� :et+ar NOTARY PUBLIC in and for the State of Washington, residing at Q aU w My Commission Expires: V 36/ 0 S . 'Y STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, a notary public, David L• Rigley and Bonny Bigley, to me known to be the individuals described in and who executed the within instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes herein mentioned. i�_ GIVEN UNDER MY HAND AND OFFICIAL SEAL this a5 day of October, 2004. 7+:,t R�1 .0,S��Ncs'<4r4� 10 N 0 T 's pU'' i lite. S '. E �r Amended Easement Agreement - Page 4 grin "CL.; ed 6,, - NOTARY ,,-NOTARY PUBLIC ' 'and for th�( State of Washington, residing -at My Commission Expires: o AFTER RECORDING MAIL TO: DAVID L RIGLEY 9845 - 148TH! AVE S E RENToN WA 98059 _ Abbreviated Legal Por of Gov Lot 1, Sec 3, Twn 23 N, R 5 E, W M Full Legal Descriptions on Pages 1 and 2 Tax Parcel Nos 032305-9257-06, 032305-9224-06 7z�� UPPMEMORANDUM OF AGREEMENT 9DS G 6� ow-)�qA -a MEMORANDUM OF AGREEMENT executed this 12th day of August, 2004, by and between DAVID L RIGLEY, a married person as Ins separate estate, (hereinafter referred to as "%gley"), and SIERRA HOMES, INC, a Washington corporation, (hereinafter referred to as "Sierra") WHEREAS, Rigley is the owner, in fee simple, of that certain real property commonly known as 9845 148th Avenue Southeast, Renton, Washington, which is adjacent to the below described real property of Sierra, which real property is legally described as follows That portion of Government Lot 1, in Section 3, Township 23 North, Range 5 East, W M , in Kung County, Washington, described as follows Beginning at a point North 88°01'27" West 30 00 feet and North 01°25'22" East 30 00 feet from the Southeast Corner of said Government Lot 1, Thence North 01 °25'22" East 109 00 feet to the True Point of Beginning, Thence North 01 °25'22" East 96 00 feet, Thence North 88°01'27" West 13 8 20 feet, Theace South 02°04'15" West 96 00 feet, Thence South 88°01'27" East to the True Point of Beginning (ALSO KNOWN as Parcel B of King County Lot Line Adjustment No 8811012, recorded under King County Recording No 8901270305) (hereinafter referred to as "Parcel B") Tax Parcel Number 032305-9224-06 AND WHEREAS, Sierra is the owner, in fee sunple, of that certain unimproved real property, legally described as follows Memorandum of Agreement - Page 1 That portion of Government Lot 1, in Section 3, Township 23 North, Range 5 East, W M , in King County, Washington, described as follows Beginning at a point North 88°01'27" West 30 00 feet and North 01°2522" East 30 00 feet from the Southeast Corner of said Government Lot 1, Thence North 01 °25'22" East 205 00 feet to the True Point of Beginning, Thence North 01 °25'22" East 109 00 feet, Thence North 88°01'27" West 136 97 feet, Thence South 02°04'15" West 109 00 feet, Thence -South 88°01'27" East 138.20 feet to the True Point of Beginning (ALSO KNOWN as Parcel A of King County Short Plat No 07992 as approved on July 20, 1970) (hereinafter referred to as "Parcel A") Tax Parcel Number 032305-9257-06 AND WHEREAS, Sierra has, in connection with the purchase from Rigley of the above described Parcel A, agreed to install a sewer line stub over, under, upon across and through a portion of the above described Parcel A, for the benefit of the above described Parcel B, AND WHEREAS, the parties hereto do hereby desire to memorialize said agreement, WITNESSETH NOW, THEREFORE, IN CONSIDERATION of the mutual promises, covenants and agreements contained herein, and the mutual benefits to be derived therefrom, the parties hereto do hereby promise, covenant and agree as follows 1 Sierra does hereby covenant and agree to install a sewer hne stub abutting the above described Parcel B over, under, upon, across and through the folIowing described property That portion of Government Lot 1, in Section 3, Township 23 North, Range 5 East, W M , in King County, Washington, described as follows Beginning at a point North 88°01'27" West 30 00 feet and North 01 °25'22" East 30 00 feet from the Southeast Corner of said Government Lot 1, Thence North 01 °25'22" East 205 00 feet to the True Point of Beginning, Thence North 01'25'22" East 109 00 feet, Thence North 88°01'27" West 10 00 feet, Thence South 02°04'15" West 109 00 feet, Thence South 88°01'27" East 10 00 feet to the True Point of Beginning (hereinafter referred to as "Easement") 2 Said sewer line stub shall be installed over, under, upon, across and through the Easement by Sierra within ane (1) year following the date of this Agreement Memorandum of Agreement - Page 2 3 This Agreement shall be a covenant running with the lands described herein, and shall inure to the benefit of the parties hereto, their heirs, executors, successors and/or assigns In the event that any party to this Agreement, their heirs, executors, successors and/or assign, retains the services of an attorney to enforce any provision of this Agreement, the prevailing party in such enforcement proceedings shall be entitled to recover their reasonable attorney's fees and costs incurred therein IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date and year first above written SIERRA HOMES, INC BV a) �-K D Fmkbeuier, President STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dan Finkbemer signed this instrument, and on oath stated that he is authorized to execute the instrument and acknowledged it as the President of Sierra Homes, Inc , to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument GIVEN UNDER MY HAND AND OFFICIAL SEAL this J'a day of August, 2004 NOTARY i Memorandum of Agreement - Page 3 NOTARY PUBLIC m and for Washington, residing at w' My Commission Expires State of STATE OF WASHINGTON ) •) ss COUNTY OF KING ) On this day personally appeared before me, a notary public, David L Rjgley, to me known to be the individual described in and who executed the within instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes herein mentioned GIVEN UNDER MY HAND AND OFFICIAL SEAL this -PO day of August, 2004 •moo • r? N/ • +tl i sod • ° PUBS �OFW Memorandum of Agreement - Page 4 Prin In' a NOTARY PUBLIC in afid for the State of Washington, residing at Q u Ll u My Commission Expires S 13010�5 V I+E IIR 5FC 3 STWX N CASE FW THE SIRUEY I f �I I Vb7H aR LEGAL ff'MPTIN CAC THAT FWAN (F TIE 5( JMST V4 (F THE N3RT1EAST V4 IF ETUN 3 TMff 23 ON RAND 5 EAST, Y}l A5 FC4.LM i RRM AT THE IWW}W C(RNE3T IF &Q SOUN ',I INCE OUn CH TIE NRTH LIKE HNET MM FEET TFM TM ALM TIE YE9TETLY I44AGN (F"AVEN.E MAST K PMWiEL I WTH R EA5T LIE IF SAD MM MM FEET TO H TU PONT IF ! KIM T}M'M757'Mif ml HE. TYKE ESV RM FEET, i RE mrih ro FEET TO SA!) vhmLY wa CF mm A4Em wwAST; THEME N'm km so mu Wm FEET TO TIE TIE FWi IF EMM. 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Vernon, YLA 98273 002313 22-00 GTi Please print neatly or type information Document Titles} �- Notice of On -Site Sewaste S g m Operation and Maintenance quirements Reference Number(s) of related documents Additional Reference #'s on page Grantor(s) (Last, khat, and Middle Initial) DAVID L. RIGLEY BONNY RIGLEY Additional grantors on page Grantees(s) (Last, First, Middle Iniiial) THE PUBLIC Additional grantees on page Legal Description (abbreviated forth: Le. lot, block, plat or section, township, range, quarter/quarter) onion of ClSym=enj Lot 1 Section 3 Townshi 23 No& Range 5 East Additional legal is on page a Assessor's Property Tax Parcel/Account Number 032305-9224-06 Additional parcel #'s on page The AuditodRcoorder will My on the infonnatian provided on this form. The staff will not road the documents to verify the accuracy or completeness ofthe indexing information provided herein. NOTICE OE ON-SITE SEWAGE SYSTEM OPERATION AND MMNTE ANCE RE UIREMENTS Assessor's Tax Parcel ID#: 032305-4224-05 1. IIWe (prino DAVIDL. RIGI EY AND BONNY_RIGLRY are the owners of real property within King County, which is legally described as follows: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION 2. The above-described real property is served by an on-site sewage system ("OSS"). 3. The Code of the King County Board of Health, Section 13.60.005 establishes certain responsibilities of the OSS owner with respect to the operation and maintenance of an On-site Sewage System, as follows A. The OSS owner is responsible for the continuous proper operation and maintenance of the OSS, and shall: Determine the level of solids and scum in the septic tank at least once every three (3) years for residential system with no garbage grinder and once every year if a garbage grinder is installed and, unless otherwise provided in writing by the health officer, once every year for commercial systems. 2. Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary. 3. Cause preventive maintenancelsystem performance monitoring inspections to be conducted and any indicated service to be performed by an approved person at a minimum frequency in accordance with Table 13.60-1 unless otherwise established by the health officer or the sewage review committee, 4. Operate and maintain all OSS in accordance with this title, with pertinent alternative system guidelines issued by the DOH [State of 'Washington Department of Health] and with the approved OSS owner's operating and maintenance instruction manual. 5. Protect the OSS area including the reserve area from: a. Cover by structures or impervious material; b. Surface drainage; c. Soil compaction, for example, by vehicular traffic or livestock; and d. Damage by soil removal and grade alteration. 6. Maintain the flow of sewage to the OSS at or below the approved design both in quantity and waste strength NOTICE OF 0 - TrE SEWAGE SYSTE OPF,RATION AND LANCE UIREMENTS Page 2 7. Direct drains, such as footing or roof drains away from the area where the OSS is located. B. The owner shall not allow: 1. Use or introduction of strong bases, strong acids or organic solvents into an OSS for the purpose of system cleaning; 2. Use of a sewage system additive unless it is specifically approved by the DOH; or 3. Use of an OSS to dispose of waste components atypical of residential wastewater, for example, but not limited to, petroleum products, paints, solvents, or pesticides. 4. Note about Operation and Maintenance Program -Fee: Rules and Regulations 02-01, amendment to the Code of the King County Board of Health, states, "At the time of sale or transfer of property ownership, the buyer or transferee of a property served by an OSS shall forward to the health officer a fee as set forth in the fee schedule and submit a signed copy of the notice on title as set forth in Section 13.56.054A." This fee is $40.00 per the Rules and Regulations 02-01, effective June 17, 2002. Dated this day of October . 2004 (month) (year) . s nature) STATE OF WASHINGTON ) ss COUNTY OF KING ) On this ;L'S_02L_day of October 2004 , before me personally appeared DAVID L RIGLEY AND BONNY RIGLEY , to me known to be the individual(s) described herein and who executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes herein stated. Given under my hand and.official seal this a6 dayof e✓ 2C- .•,>% Ik Op0 NDrq ° ++0 Print d Name: A r v --• p y ms's Notary ul,and_fo a State of Washington PUBl1C �; s Residing at j' = r' 40 �1. 7'a'•d?`3 5 ,.• My Commission ires' O ,9 EXHIBIT "A" Legal Description That portion of Government Lot 1 of Section 3, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington, described as follows: Beginning at a point North 88001'27" West, 30 feet and North 01°25'22" East, 30.00 feet from the Southeast Corner of said Government Lot 1; Thence North 01'25'22" East, 109 feet to the True Point of Beginning; Thence North 01°25'22" East, 96 feet; Thence North 88°01'27" West, 138.20 feet; Thence South 02°04'15" West, 96 feet; Thence South 88°01'27" East to the True Point of Beginning, (ALSO KNOWN AS Parcel B of King County Lot Line Adjustment Number 8811012, recorded under Recording Number 8901.270305). RECORDING • D BY AND WHEN RECORDED MAIL TO: 1111111111111 60914001588 ESTATE COY 40.00 RECORDING COVER SHEET DECLARATION OF COVENANT FOR THE MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS Grantor: Grantee: Assessor's Tax Parcel ID#: _ 037-305- 9194 - r3 DECLARATION OF COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS IN CONSIDERATION of the following approved King County (check one of the following) ,olVesidential building permit, ❑ commercial building permit, ❑ clearing and grading permit, ❑ subdivision permit, or ❑ short subdivision permit for Application No. - b (o "to —17 relating to real property ("Property") legally described as follows: The Grantor(s), the owner(s) in fee of the above described parcel of land, hereby covenants(covenant) with King County, a political subdivision of the state of Washington, its successors in interest and assigns ("King County"), that he/she(they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 8 below with regard to the Property. Grantor(s) hereby grants(grant), covenants(covenant), and agrees(agree) as fol lows: 1. Grantor(s) or his/her(their) successors in interest and assigns ("Owners") shall retain, uphold, and protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs"), shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit A 2. The Owners shall at their own cost, operate, maintain, and keep in good repair, the Property's BMPs as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit B. 3. King County shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days, the Owners shall allow King 01 County to enter for the sole purpose of inspecting the BMPs. In lieu of inspection by the County, the Owners may elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the BMPs and provide a written report describing their condition. Jf the engineer option is chosen, the Owners shall provide written notice to the Director of the Water and Land Resources Division or its successor in interest ("WLR") within fifteen days of receiving the County's notice of inspection. Within 30 days of giving this notice, the Owners, or the engineer on behalf of the Owners, shall provide the engineer's report to WLR. If the report is not provided in a timely manner as specified above, the County may inspect the BMPs without further notice. 4. If King County determines from its inspection, or from an engineer's report provided in accordance with Paragraph 3, that maintenance, repair, restoration, and/or mitigation work is required for the BMPs, WLR shall notify the Owners of the specific maintenance, repair, restoration, and/or mitigation work (Work) required under Title 9 of the King County Code ("KCC"). WLR shall also set a reasonable deadline for completing the Work or providing an engineer's report that verifies completion of the Work. After the deadline has passed, the Owners shall allow the County access to re -inspect the BMPs unless an engineer's report has been provided verifying completion of the Work. If the work is not completed properly within the timeframe set by WLR, King County may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of KCC Chapter 9.04 and may subject the Owners to enforcement under the KCC, including fines and penalties. 5. Apart from performing routine landscape maintenance, the Owners are hereby required to obtain written approval from WLR before performing any alterations or'modifications to the BMPs, 5. Any notice or approval required to be given by one party to the other under the provisions of this Declaration of Covenant shall be effective upon personal delivery to the other party, or after three (3) days from the date that the notice or approval is mailed with Delivery Confirmation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property, and it shall inure to the benefit of all the citizens of King County, its successors and assigns. This Declaration of Covenant shall run with the land and be binding upon Grantor(s), and Grantor's (s') successors in interest and assigns. 8. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and King County that is recorded by King County in its real property records. IN WITNESS WHEREOF, this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMFs is executed this J�—fi• day of ' *0AR V tUb�1L By Its By Its STATE OF WASHINGTON) }SS . COUNTY OF KING ) On thisAootar�y day o , 2 be' re me, the undersigned, aPublic inNl� r the State ofduly commissioned and sworn personaly appeared, to me ow�to e the ' dividual(s) described in and who executed the foregoing instrument, and acknowledged for the use and guthey signed and scaled rposes therein mentionede said instrument as their free and voluntary act and written. WITNESS my hand and official sey hereto affixed the day and year in this certificate above Printed name Notary Pu ' in a d for the tate a ashington, residing at My appointment expires Flow Control BMP Site Plan Ila, 40 o ZO EXHIBIT A S'4m = 20' Approved BY: Date: Title: 0 TEXT OFIN87RUMON$ FOR'SMIC DBPERBION Your property cantalna a storMhdor n inagement,soW control BMP (beet manegerr M prac(ice} palled "basic dlepersion " which wall Installed to mitigate the stomtwater quantity and qualify lmpaots of some or ON of the Impirvlous surfeoee or eon-tative parWoui surfaces on your property, Baslo dispersion Is a strategy for utiUzhlg-a w evalfatile capadty ofonsite-vegelated areas to reteln, absorb, and filter the runoff from developed surfaces. This flow control BMP has two primary oorrtponants that lrntat be rnalntalned: (i) the devtoes that disperse ninoff from the developed iurfaoes and (2) the vegetated area over which nrnoff Is dlsperied. Otsperston Aevlcea The dispersion devices used on your praperIY induce the following ai indicated on the low control BMP site plan: D splash blocks, o -rock pade,d'19MVal filled trenches shoot tow. The size, placement, cornream postticn, and downstflowpaths oi these davlces as dap by the flow control BMP site plan 'end Oealgn details must (xe-maintalned and may not be changed without written Oppnmat ettirertrom the -rang COunty Water and Land Resoumes Dlvialon or through a futum.devefopment permit from King CounlY.- Dispersion devices must be lnspectea annually and after rna#r storm events to Identify and repair any •physical defects. When native son is exposed or erosion channels ars present, 1116-80=0$ Of the erosion Of conoentnated •flow'need to be Idenliiled and mitigated. Concentrated flow can be mltlgeted by leveling the edge of the panrlous area and(or moligning or replenishing the maks in the dispersion 4evice, such an in rock pads and gravel filled trenches. Vegetated Flowpaths . The vegetated area over which rund'ff Is dispersed must be malntatned In good condition free of bane spots OW obstructions (hat would ooncentrato flows. IrIGiJR$ 0.2,4.13 TYPICAL.GRAVBi-Y LIM DIVERSION TRENCH FOR HAIUC aiSfPERSiTON V400 V a d° d• d° F°� d leve! Outlet + A •0 9d dA •- , Sa Q yQA• q °. ��•. V tr ° q4Cl •Q9 gq•a° Aa r' _.. YY R roll' 4•VIP 4°•V°A 8"min° v°o•° ' . •fid od. • °•,°b ° ° d • D °d a' pert pipe ' . q a +'G °� ♦OQ Q4 R i8 min 1 ° ' q°S/4"washed roek- °a Aro °0 ° q egA'r0 a° a,e p • ra°rs 24" fnln'—•--.t TRENCH X -SECTION T3 slope --� ama(I catch basin ol'.Yard dreln s7ao sq. ft. 8lmp1e 1940 Type I Cl3 >700 sq. ft. IYtaWdmum 60-16ot trench w/notch board (see Figure U.i.D, P. C-32) PLAN VIEW OF ROOF NTS FIGURE C.LLD 50 -FOOT DISPERSION TRENCH WITH NOTCHED HOARD notched ' grade board 2'x 2" notches 18" OA. A pipe O.D. 1' 1' nia min end cap or plus flow to second dispersal trench v v ° dean out wye from pipe If necessary a; vaaA 4"orb'perforatedpipe kddflat/level • T val av type I CB w/solld cover (lacking) a D Influent pipe (max design o • flow:9 0.5 CFS per trench) a F• T dean out wye,from pipe PLAN PLAN NTS, pile oz gatvaniaed bolts \ t l., �.. _ 2' x12" pressure treated grade board 4'x 4' support pos . fo� flRer fabric TatVperforated laid fiat (S 5% Mes) - 9/4 'washed rock .SECTION A -A NTS type I Ca w/solid cover � A --*— flow to other branching CB' a as necessary le•0-c.' T �-- 2" I 2" grade board notches 2" MOTES: 1. This trench shall be constructed so as to prevent point discharge and/or erosion. 2. Trenches may be placed no closer than 60 feett to one another. (100 feet along flowline) 3. "Rench and grade board must be level. AIIgn to follow contours of site, 4. Support post spacing as required by soil conditions to ensure grade board remains level. FIGURE C.]A.D EXAMPLES OF BASIC DISPERSION FOR DRIVEWAYS _JJ&12-4- , 6" min BERM DETAIL air �r ggr � r Looaie drain i r 25' from ROW H r 20 , aq. fL max between germs drway sfapos i s' towartved street. . 1 1 •��~.Aw r r�N��� veq"td es DiaQonral +, " floVrpafn berm wifit dipersenchbn z5'. r � / tr , / r PLAN Driveway Dispersion Trench Driveway Slope Varies and Slopes Toward Street PLAN Sheet Flow Dispersion from a Driveway Flat to Moderately Sloping Driveways E- U) w kO w C7 d �z CVE- C'S H co CUn ch Z Z 0 O Q HI h � in 0 H n N SNVYH� 0'9 71- "1" - `JNILM38 90 N nn Ria Z O ,•� •J ,� m -_ C �� {�. � Z F I+i U �T. � Z F M1 Y # Y[S 4�,• A- � P 'i..,:.:i�•' ,� O Lu w U y y ,O YI O W �rc �s CS � m � ,� g ��g n LL is O`�3L 9� FJF4 4 i }o FVQWU� WO �U [7W �� VI UK Vf U"� �D � F P ... .. xV u rim.- W"� �°r�InNr � r a� � I��y a spm � a �� �.��., �d • o•• LI 6 EL 05 FPS++ �'•� � �'Oy. � 7��$ �IZ� ��i � a�¢ p ��� � �� i7 ."� ..- �rcF.. xx�yy`�zZs rW z'`'W'�"�y�yj�•Wz�:�W `'••: }}yyjj7sc';gg z��'�i �95' < 0E33Sb� :.'.^1 11 4 w 6 n �c a ?R Lij 90 WZ' 03l1l15Y3W ,Bf'B9Zl M.ZZ,SL. l05 � --- w •..;• ZJ< OWVU �?<O • At„ZZ.r, 1, rl Cl7 .. 03l1l15Y3W ,Bf'B9Zl M.ZZ,SL. l05 � --- •..;• • At„ZZ.r, 1, 03l1l15Y3W ,Bf'B9Zl M.ZZ,SL. l05 � --- •..;• •, rl Cl7 .. Prc:;•' ry rc zNiz � a zz i s3 ii � •,'i z z � � iyi n 03l1l15Y3W ,Bf'B9Zl M.ZZ,SL. l05 � --- •..;• •, .00'06 \1 Prc:;•' ry rc zNiz � s3 ii � •,'i z z � � iyi n W m m 7 .'.. 1...: �� ZK r Iz �n I m716.1 Na f" :'•�:::•' .off 1 •'00'fB 1 SOi3Q,. 9Nlddrlil3A a P Mhz ,t Return Address: City CIerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet MCw 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Ordinance 5456 2. (MacKay Annexation) 3. 4. Reference Number(s) of Documents assigned or released: I Additional reference Ws on page _ of document Grantor(s) (Last name first name, initials) 1. City of Renton , 2. , Additional names an page _ of document, Grantee(s) (Last name fust, then first name and initials) 1. City of Renton , 2. , Additional names on page _ of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) Sections 2 & 3 of Township 23 North, and Sections 34 & 35 o Township 24 North, both in Range 5 East, W.M. Additional legal is on page 5 of document. Assessor's Property Tax Parcel Account Number © Assessor Tax i# not yet assigned The Audiior/Recorder will rely on the information provided on the form, The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. Signature of Requesting Party CITY OF RENTON, WASHINGTON ORDINANCE NO. 5456 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (MACKAY ANNEXATION; FILE NO. A-OM03). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about October 3, 2008; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, as part of the May Valley pre -zoning the area was considered as file number LUA 98-409 and the City Council held public hearings regarding the pre -zoning of the area on June 10, 1996 and September 16, 1996; and WHEREAS, pre -zoning was determined to be Residential One Dwelling Unit per Acre (R-1) for the entire area included in the annexation boundary and adopted by Ordinance number 4667; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on or about October 21, 2008, and determined that the ;� pF RFNa� CERTIFICATE 1, the undersigned City Clerk of the I City of Renton, Washington, certify SEAL * that this is a true and gon�eet copy of No. ViSubscribed and=this6 ay of MQ , 20-01 City Ciak v ORDINANCE NO. 5456 signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and WHEREAS, the City Council fixed December 1, 2008 as the time and place for a public hearing regarding the proposed annexation in the City Council Chambers, City Ball, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, public hearings have been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of April 6, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of PA . ORDINANCE N0. 5456 Renton, and such annexation to be effective on and after the approval, passage, and thirty days after publication of this Ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein [Said property, approximately 7.4 -acres, is generally located west of 14$`x' Avenue Southeast, south of Northeast 26`h St, east of Lyons Avenue Northeast, and north of Southeast 102nd.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION 11. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 27th day of April_, 2009. APPROVED BY THE MAYOR this _27th day of April , 2009. 3 Denis Law, Mayor ORDINANCE NO, 5456 Approved as to form: Lawrence .1. Warren, City Attorney Date of Publication: 5/1/2009 (summary) ORD.1545:4/13/09:scr 4 Exhibit A MACKAY ANNEXATION LEGAL DESCRIPTION Those portions of Sections 2 & 3 of Township 23 North and Sections 34 & 35 of Township 24 North, both in Range 5 East, W. M., in King County, Washington, described as follows: Those portions of said Section 3 lying easterly of Stonegate, as recorded in Volume 177 of Plats, pages 62-69, records of King County, westerly of the westerly right of way margin of 148 Avenue SE and northerly of May Valley Co-op Community, as recorded in Volume 66 of Plats, Page 93, records of said county; TOG=R with all that portion of SE 1&d Street as dedicated by said plat, lying northerly of the southerly right of way line thereof AND TOGETHER with that portion of the 1480i Avenue SE right of way, being 60 feet in width, having 30 feet on each side of the section lines common to said Sections 2 & 3 and said Sections 34 & 35, lying between the easterly extension of said southerly margin of SE 102i4 Street and the northerly right of way margin of SE May Valley Road. I oft 09)=008 6:45 AM Department of Community . . & Economic Development Mackay Annexation AtsXft%CKAdrnlNstratQ Uvend Vicinity Map mrWro bhmm,ftr"npTW"dan (3 MackayAnnexaftl COCKY umb mjPAA Sow4ary October 1, 20oA M Produced M city of Ramon (c) 2008, the city a 0 155 310 � FewRentor) al {I" reserved. No walrantles of any wrt, indudr,p bul not Ilmted toa=wwy, ftnessor Fie Name::%EONSPIGIS_projectslannexatlona4 11,00 nWdtantabitity,acrnmpanytivsplooud, mackay%mxdsll_mackay annex viainty.rmd 0 •r RETURN ADDRESS Please print neatly or type infommion Document Title(s) 0G„-�e. Lj Reference Number(s) of related documents Grantor(s) (Las4 First, and Middle Initial) Grantees(s) (Last, First, Mtddit Initial) THE ,PUBLIC 20090505000601.009 11111111 . 1111111 6050 0601 3 OSS was WA Additional Referenee #'s on page Additional grantors on page Additional granics on page Legal Description (abbreviated form: ie. 104 block, plat or section, township, range, gnarterlyoarter) A PORTION OF GOVWWW LOT 1 SECTION 3 TOWNSHIP 23 NORTH RANGE 5 FAST, WILIAMETTE MMUDIAN Additional legal is on page 5 Assessor's Property Tax Parcel/Account Nurnberg Additional parcel N's on page The AudiioTlRecorder will rely on the iafarmstion provided on this form. The swfTwill not rid the docvmenu to verify the accuracy ar completeness of the indexing Infortaatlon provided heron. 20090605000601.002 NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE RE UMEMENTS Assessor's Tax Parcel IllW C%Jr 2 ?"05— L;7- Al 1 . 1. I/We (print) _�Zuu" #-1..�5G�.l Ll✓ , are the owners of real property within King County, which is legally described as follows: 2. The above-described real property is served by an on-site sewage system ("OSS'). 3. The Code of the King County Board of Health, Section 13.60.005 establishes certain responsibilities of the OSS owner with respect to the operation and maintenance of .an On-site Sewage System, as follows A. The OSS owner is responsible for the continuous proper operation and maintenance of the OSS, and shall: 1. Determine the level of solids and scum in the septic tank at 'least once every three (3) years for residential system with no garbage grinder and once every year if a garbage grinder is installed and, unless otherwise provided in writing by the health officer, once every year for commercial systems. 2. Employ an approved pumper to remove the septage from the tank when the level of solids and setup indicates that removal is necessary. 3. Cause preventive maintenance/system performance monitoring inspections to be conducted and any indicated service to be performed by an approved person at a minimum frequency in accordance with Tahle 13.60-1 unless otherwise established by the health officer or the sewage review committee. 6T We 13 At Minimum Frenuenev of Preventive Mai nienance/Performance Monitorine Table 13.60-7 Explanatory Notes 1. The Initial inspection is to be performed at the time Interval Indicated following occupancy. 2. Public domain technology includes such systems as: mounds, Intemtitteni sand filters and pressure distribution. 3. Proprietary Technology includes such systems as: ATUs, Glendon up -flow filters, Advantax pack bed filters and subsurface drip. 4. At bast an annual septic tank malntenance check is required If the strtxture served is equipped with a garbage grinder waste disposal unit. If a screened outlet baffle Is present an annual check is recommended. Pumpers shall report each pumping event to the health officer in accordance with BOH chapter 13,88. Gravity Public Domain Pmpriewry Commercial Ind Non-Diseborging 5 em4 Technoloim Tcchnoloms Food Snablishmemra Tailew Initial Inspections 6 months 6 months 45 days 45 days NIA Regular lospecdoo Every 3 years Annually Every 6 Annually or Annually Frequency months Erery 6 months Who MayPsxform owner, Licensed Licensed Licensed Owner thet"spuct'on Licensed Malntalner Mainlainer Mainiaiaer Matatainer or Licensed O55 Pumper Table 13.60-7 Explanatory Notes 1. The Initial inspection is to be performed at the time Interval Indicated following occupancy. 2. Public domain technology includes such systems as: mounds, Intemtitteni sand filters and pressure distribution. 3. Proprietary Technology includes such systems as: ATUs, Glendon up -flow filters, Advantax pack bed filters and subsurface drip. 4. At bast an annual septic tank malntenance check is required If the strtxture served is equipped with a garbage grinder waste disposal unit. If a screened outlet baffle Is present an annual check is recommended. Pumpers shall report each pumping event to the health officer in accordance with BOH chapter 13,88. 20090605000601.002 5. Table 13.60-1 spectfies the minimum required monitoring frequency. A more stringent monitoring frequency shall be used H recommended by the manufacturer. 6. This monitoring is in addition to that required for 1he OSS receiving the building's non -toilet liquid waste. {KCBOH Note about Monitoring Frequency: The above table reflects the King County .BOH Titie 13- code dated September 2008. The King County BOH Title 13 code is subject to change. 4. Operate and maintain all OSS in accordance with this title, with pertinent alternative system guidelines issued by the DOH [State of Washington Department of Health] and with the approved OSS owner's operating and maintenance instruction manual. 5. Protect the OSS area including the reserve area from: a. Cover by structures or impervious material; b. Surface drainage; c. Soil compaction, for example, by vehicular traffic or livestock; and d. Damage by soil removal and grade alteration. 6. Maintain the flow of sewage to the OSS at or below the approved design both in quantity and waste strength, ' 7. Direct drains, such as footing or roof drains away from the area where the OSS is located. B. The owner shall not allow: 1. Use or introduction of strong bases, strong acids or organic solvents into an OSS for the purpose of system cleaning; 2. Use of a sewage system additive unless it is specifically approved by the DOH; or 3. Use of an OSS to dispose of waste components atypical of residential wastewater, for example, but not limited to, petroleum products, paints, solvents, or pesticides. Note about Operation and Maintenance Program Fee: Rules and Regulations 02-01, amendment to the Code of the King County Board of Health, states, "At the time of sale or transfer of property ownership, the buyer or transferee of a property served by an OSS shall forward to the health officer a fee as set forth in the fee schedule and submit a signed copy of the notice on title as set forth in Section 13.56.054A." This fee is $40.00 per the Rules and Regulations 02-01, effective June 17, 2002. Dated this qday of {� , ( on t) Owner's signature) STATE OF WASHINGTON ) zd� y ry=) (Owner's signeture) 20090805000601.004 ) ss COUNTY OF KING ) On this zD M day of iri �V1 r , z�� , before me personally S (month) (year) appeared "k el. .. txnI i✓ a , to me knoymio be the individual(s) described herein and who executed the foregoing instrument as hi a heir free and voluntary act and deed for the uses and purposes herein stated. Given under my hand and official seal this day of _ _ , (month) (year) NOTARY PUBLIC in and for the S to of Was ' gton Notary Public i and fo the Wa ngton Residing at My Commiss(off Expires 1'1 - 09 —1 v 20090805000601.00E EXHIBIT A LEGAL DESCRIPTION Order No,: 1283891 THE LAND REFERRED TO IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OP GOVERNMENT LOT 1 OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 88001'27" WEST, 30 FEET AND NORTH 01025'22° EAST, 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST, 109 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01025'22" EAST, 96 FEET; THENCE NORTH 88°01'27" WEST, 138.20 FEET; THENCE SOUTH 02009'15" WEST, 96 FEET; THENCE SOUTH 88001127" EAST TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS -PARCEL B OF KING COUNTY LOT LINE ADJUSTMENT NUMBER 8811012, RECORDED UNDER RECORDING NUMBER 8901270305). FNLBaAL RDA/0M RETURN ADDRESS --- ggaKe, I-_ Nlcele Goodmnn /_q7 QJ 5 �Q4 �h �'F Fen1o)? PYA 9gbsr Please print neatly or type information Document Title: I�lVI�Ip�III�VV�'�I�nl�ll��l�'i� 20090831001699 CHICAGO TITLE OSS 65.00 PAGE -001 OF 004 08/31/2009 15:01 KING COUNTY, WA King County Form --Seller's Notice of On -Site Sewage System Operation and Maintenance Requirements Reft rence'Number(s) of Related Documents: Grantor(s) (Last, First, and Middle Initial) 'T" punhe— �QZ5-102& 47" ll/«s2ht, Grantee(s) (Last, First, and Middle Initial) THE PUBLIC C7— Iz.?6�-O) - `f Additional Reference #s on'page Additional Grantors on page Legal Description (abbreviated form: lot, block, plat or section, township, range, quarterlquarter) W Q 5 A- cF ►J l9J Ft o9 6 370 Pre.- o <r "I - -d �'i .Q* SP c: ran Sh �� �'.,W'm A-E;, Co . WA plus egse ov, Additional legal is on page Assessor's Property Tax Parcel/Account Number 4p 03z 3059/99 _ Additional parcel #s on page The Auditor/Recorder will rely on the information provided on this form. The staff will not read the documents to verify the accuracy or completeness of the indexing information provided herein. NWMLS Form 22U ®Copyright 2003 Sellers Notice of OSS Northwest Multiple Listing Service Rev. 3103 ALL RIGHTS RESERVED Page 2 of 3 KING COUNTY FORM - SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Assessor's Tax parcel ID#: 1. Seller is the owner of real property within King County, which is legally described as follows: THE WEST 85 PEET OF THB NORTH 190 FEET OF THE EAST 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON: TOGETHER WITH A NON-EXCLUSIVE EASENE= FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE NORTH 15 FEET OF THE -EAST 285 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. 2. The above-described real property Is served by an on-site sewage system ("OSS"). 3. The Code of the King County Board of Health, Section 13.60.005 establishes certain respon- sibilities of the OSS owner with respect to the operation and maintenance of an On-site Sewage System, as follows: A. The OSS owner Is responsible for the continuous proper operation and maintenance of the OSS, and shall: 1. Determine the level of solids and scum in the septic tank at least once every three (3) years for residential system with no garbage grinder and once every year if a garbage grinder is installed and, unless otherwise provided in writing by the health officer, once every year for commercial systems. . 2. Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal Is necessary. 3. Cause preventive maintenance/system performance monitoring inspections to be conducted and any indicated service to be performed by an approved person at a minimum frequency In accordance with Table 13.60-1 unless otherwise established by the health officer or the sewage review committee. 4. Operate and maintain all OSS in accordance with this title, with pertinent alternative system guidelines issued by the DOH (State of Washington Department of Health] and with the approved OSS owner's operating and maintenance instruction manual. ' 5. Protect the OSS area including the reserve area from: a. Cover by structures or impervious material; b. Surface drainage; c. Sall compaction, for example, by vehicular traffic or livestock; and d. Damage by soil removal and grade alteration. � L 6. Maintain the flow of sewage to the OSS at or below the approved design both in quantity and waste strength. 7. Direct drains, such as footing of roof drains away from the area where the OSS is located. 1W NWMLS Form 22U OCopyright 2003 seller's Notice of OSS Northwest Mul0ple Elating Service Rev. 3103 ALL RIGHTS RESERVED Page 3 of 3 KING COUNTY FORM - SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS B. The owner shall not allow: 1. Use or Introduction of strong bases, strong acids or organic solvents Into an OSS for the purpose of system cleaning; 2. Use of a sewage system additives unless it Is specifically approved by the DOH; or 3. Use of an OSS to dispose of waste components atypical of residential wastewater, for example, but not limited to, petroleum products, paints, solvents, or pesticides. Note about Operation and Malntenanoe Program Fee: Rules and Regulations 02-01, amendment to the Code of the King County Board of Health, states, "At the time of sale or transfer of property ownership, the buyer or transferee of a property served by an OSS shall forward to the health officer a fee as set forth in the fee schedule and submit a signed copy of the notice on title as set forth In Section 13.56.054A." This fee is $40.00 per the Rules and Regulations 02.01, effective June„17, 2002. Seller Dat4 Seller Date STATE OF WASHINGTON. ) ) ss: COUNTY OF KING } On this _ 2 day of ROO g , before me personally (month) (year) appeared �U e 01iman and / Y -e4k fi&aj:2, to me known to be the individual(s) described herein and who executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes herein stated. Given under my hand and official seal this day of Am n, T t'QQ fj(month) (ear) r i t .� .; Pri ame: I oh" L -F NOTARY PUBLIC in and for the State of � r { r=z stli�Z7'1 19 A, ; O_ Washington, Residing at: $11, Op O My Appointment Expires: lW� � ���� 1 CHICAGO TITLE INSURANCE COMPANY EXHIBIT A Escrow No.: 1286507 LEGAL DESCRIPTION The land referred to is situated in the State of Washington, County of KiNO , and is described as follows: THE WEST 85 FEET OF THE NORTH 190 FEET OF THE EAST 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE NORTH 15 FEET OF THE EAST 285 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. BXLEnws.s/RDAj0M 20031209003668.001 35 00 Assessor's Parcel or Account Number ©323 V 57 I ? 5B Abbreviated Legal Description See Schedule A Attached Hereto And Made A Part Hereof [Include lot, block and plat or section, township and range] Full.legal description located on page Trustee First Amertcan Title Company [Space Above Thu Line For Recardmg Data] / 7 ?FJ9,5 DEED OF TRUST Recordings Requested by & When Recorded Return To: US Recordings, Inc. 2925 Country Drive Ste 201 St Paul, MN 55117 DEFINMONS Words used in multiple sections of flus document are dented below and other words are defined in Sections 3, 11, 13, 18, 20 and 21 Certain rules regarding the usage of words used in this document are also,provided in Section 16 (A) "Security Instrument" means this document, which is dated September 23, 2003 , together with all Riders to this document (B) "Borrower" is GENE R. HAUGBN and LEESA V. HAUQl3N, Borrower is the trustor under this Security Instrument. (C) "Leader" is CARAortgage, Inc. 002001236507 WASHINGTON -Single FamilyFannls Maelfteddle Mae UNIFORM INSTRUMENT Form 3048 1101 (=.�-6(WA) (0{0{12) Page 1 of k l I Initials VMP MORTGAGE FORMS - (800)621-7291 20031209003568,0M Lender is a Corperati in organized and existing under the laws of Delaware Lender's address is 12855 N- Outer 40 Drive, Saint Loins, MO 631:41 Lender is the beneficiary under this Security Instrument (D) "Trustee" is First American Trtle Company (B) "Note" means the promissory note signed by Borrower and dated September 23, 2003 The Note states that Borrower owes Lender Fifty One Thousand Sawn Hundred Nine Dollars (U S $ 51,709.00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 10/01/2018 (l) "Property" means the property that is described below under the beading "Transfer of Rights in the Property " (13) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus Interest (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable] Adjustable Rate Rider Condominium Rider ❑ Second Home Rider Balloon Rider Planned Unit Development Rider ❑ 1-4 Family Rider VA Rider Biweekly Payment Rider 0 Other(s) [specify] Schedule "A" (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable Judicial opinions (7) "Commumity Association Dues, Fear, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization (K) "Electronic Fonds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic Instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but Is not limited to, paint -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers (L) "Escrow Items" means those items that are described in Section 3 (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for (i) damage to, or destruction of, the Property; (H) condemnation or other takmg of all or any part of the Property, (ni) conveyance in lieu of condemnation, or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan (0) "Periodic Paymcait" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ti) any amounts under Section 3 of this Security Instrument 002001236507 Initials Cb-8(WA) (0012) page 2 of `�5 Form 30413 1101 2003'[ 209003668.002 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U S C Section 2601 et seq ) and its implementing regulation, Regulation X (24 C F R Part 3504), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed in regard to a "federally related mortgage loan" even if the Loan does not quahfy as a "federally related mortgage loan" under RESPA (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instninient TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note For this purpose, Borrower irrevocably grants and conveys to Trustee, In trust, with power of sale, the following described property located in the County of RING (Type of Recording Jurisdiction] we schedule a attached hereto and mad a part hereof. Parcel M Number 9855 I4UH AVE SE RENTON ("Property Address") [Name of Recording JurisdictLon] which currently has the address of Istreetl [city] , Washington 98059- [zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to m this Security Instrument as the *Property " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all clauns and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limned variations by ,jurisdiction to constitute a uniform security instrument covering real property 002001236507 Initials (0012) Page 3 of Vt Farm 3048 4101 20031209003568.004 UNIFORM COVENANTS Borrower and Lender covenant and agree as follows 1. Payment of Principal, Intcrest, Bwcvw Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note Borrower shall also pay funds for Escrow Items pursuant to Section 3.' Payments due under the Nate and this Security Instrument shall be made in U S currency However, if any check or other Instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender, (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated m the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15 Lender may return any payment or partial payment if the payment or partial payments are Insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender Is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is apphed as of its scheduled due date, then Lender need not pay interest on unapplied funds Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such fimds or return them to Borrower If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceods. Except as otherwise described in this Section 2, all payments accepted and -applied by Lender shalt be applied m the following order of priority (a) interest due under the Note, (b) principal due under the Note, (c) amounts due under Section 3 Such payments shall be applied to each Periodic Payment in the order in which it became due Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which, includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property, (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums In accordance with the provisions of Section 10 These items are called "Escrow Items " At origination or at any time during the term of the Loan, Lender may require that Community 002001236507 Initials��(wA) (0012) Page 4 of� Form 3048 1/01 20031209003568.00C - Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items Lender may waive Borrower's obligation to pay to lender Funds for any or all Escrow Items at any time Any such waiver may only be In writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9 If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise Its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and In such amounts, that are then required under this Section 3 Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law The Funds shall be held In an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Gender, if Lender is an Institution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge Unless an agreement is made In writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds Borrower and Lender can agree In writing, however, that interest shall be paid on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify. Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments If there is a deficiency of Funds held in escrow. as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency In accordance with RESPA, but In no more than 12 monthly payments Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lions. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3 002001236507 Initials -B(uYA) {0012} Page 5 of Forn, 3048 1101 20031205003568.00E Borrower shall promptly discharge any hen which has priority over this Security instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower Is performing such agreement, (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which In Lender's opinion operate to prevent the enforcement of the lien wfule those proceedings are pending, but only until such proceedings arc concluded, or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the Iien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien Within 10 days of the date on which that notice Is given, Borrower shall satisfy the hen or take one or more of the actions set forth above in this Section 4 Lender may require Borrower to pay a one-time charge .for a real estate tax verification and/or reporting service used by Lender in connection with this Loan 5. Property Insane. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably Lender may require Borrower to pay, In connection with this Loan, either (a) a one-time charge for flood zone determination, certification and tracking services, or (b) a one -tune charge for flood zone determination and certification services and subsequent charges each time remappmgs or similar changes occur which reasonably might affect such determination or certification Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense Lender is under no obligation to purchase any particular type or amount of coverage Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee Lender shall have the right to hold the policies and renewal certificates if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss If not made promptly by Borrower Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was requrred by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security Is not lessened During such repair and restoration period, Lender shall have the right to 002041236507 lnrcsals -B(WA) (0012) Page 6 ofForm 3048 1101 20034209003568.007 hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work Is completed Unless an agreement is made In writing or Applicable Law requires interest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such proceeds Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower If the restoration or repair Is not economically feasible or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower Such insurance proceeds shall be applied in the order provided for in Section 2 If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters If Borrower does not respond within 30 days to a nonce from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given In either event, or If Lender • acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or tins Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due, 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control 7. Preservation, Maintenance and Protectiom of the Property, Inspections. Borrower shall not destroy, danuige or impair the Property, allow the Property to deteriorate or commit waste on the Property Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work is completed If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable entries upon and inspections of the Property If it has reasonable cause. Lender may Inspect the interior of the improvements on the Property Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide. Lender with material information) in connection with the Loan Material representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence I236507I dM-G(WA) f0012l Page 7 ofl Irntals � Form Soo$ 1101 20031209003568.00E 9. Protection of Lender's Interest in the Property and Rights Under this Smarty Instrument. If (a) Borrower fads to perform the covenants and agreements contained in this Security Instrument, (b) there Is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attaun priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessmg the value of the Property, and securing and/or repairing the Property Lender's actions can include, but are not limited to (a) paying any sums secured by a Iien which has priority over this Security Instrument, (b) appearing in court, and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position In a bankruptcy proceeding Securing the Property includes, but is not limited' to, entering the Property to make repairs, change Iocks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have alllifes turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so It is agreed that Lender incurs no liability for not talung any or all actions authorized under this Section 9 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from bender to Borrower requesting payment If tins Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing 10. Mortgago Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage lnsurance previously in effect, at a cost substantially egwvalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage Insurer selected by Lender If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan Is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the prentrums for Mortgage Insurance If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for. Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance In effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided In the Note Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may mcur if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums) 012001236507 Initials (-8(WA) (0012) Page a of 1�l Farm 3048 1101 20031209003568.005 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or mdirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or mudifymg the mortgage insurer's risk, or reducing losses If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement Is often termed "captive reinsurance " Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe far Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreementa will not affect the rights Borrower has , if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds, Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security Is not lessened During such repair and restoration period, Lender shall have the nght to hold such Miscellaneous Proceeds until bender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2 In the event of a total taking, destruction, or loss in value of the Property. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss to value Any balance shall be paid to Borrower. In the event of a partial tiling, destruction, or loss.in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or lass in value is less than the amount of the sums seemed immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by flus Security Instrument whether or not the sums are then due If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds 002001236307 11 Initials Q-G(wA) (0012) Page 9 of l� Farm 3048 1101 20031209003568.01C Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's ,judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided In Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's ,judgment, precludes forfeiture of the Property or other material Impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for In Section 2 12. Borrower Not Released; Forbearanoo By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors In Interest of Borrower Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend tune for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy 13. Joint and Several Liability;. Co-signers, Suaxssors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and habdity shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer") (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument, (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release In writing The covenants and agreements of this SecuriInstrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Len er 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument, Including, but not lunited to, attorneys' fees, property Inspection and valuation fees In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have ansing out of such overcharge. 13. Nodosa. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's 002001235507 r � Irauals d-a(wA) (0012) Page 10 onki LY Form 3046 1101 20031209003568.011 notice address if sent by other means Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Security Instrument at any one time Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has deslgnated another address by notice to Borrower Any notice in connection with this Security Instrument shall not be deemed to have been Buren to Lender until actually received by Lender If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requuwement under this Security Instrument 16. Governing Law; Saverab , Rules of Ccm uction. This Security Instrument shall be governed by federal law and the law of the ,jurisdiction in which the Property is located All rights and obligations contained In this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence sh l not a construed as a prohibition against agreement by contract In the event that any -provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision As used In this Security Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or words of the femnune gender, (b) words in the singular shall mean and include the plural and vice versa, and (c) the word "may" gives sole discretion without any obligation to take any action 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 19. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest In the Property, including, but not limited to, (hose beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower Is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower falls to pay these sums poor to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand an Borrower 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of, (a) five days before sale of the Property pursuant to any power of sale contained in this Security instrument, (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a ,judgment enforcing this Security Instrument. Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred, (b) cures any default of any other covenants or agreements, (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, properly Inspection and valuation fees, and other fees Incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, and (d) takes such action as Lender may reasonab!y require to assure that Lender's interest in the Property and rights under ibis Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged Lender may require that Borrower pa such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash, (b) money order, (c) 002001236507 Initials (&-8(WA) (0012) Page 11 of ,� Form 3046 1101 20031209003668.012 certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity, or (d) Electronic Funds Transfer Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration under Section 18 20. Sale of Note, Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under. the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should b'e made and any other information RESPA requires In connection with a nonce of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser Neither Borrower nor Lender may commence, ,loin, or be Joined to any ,judicial action (as either an Individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such nonce given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period atter the giving of such nonce to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken, that time permd will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and Opportunity to take corrective action provisions of this Section 20 21. Hazardous Substances, As used in this Section 21 (a) "Hazardous Substances" are those substances defined as to)dc or hazardous substances, pollutants, or wastes by Environmental Law and the following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radloachve materials, (b) "Environmental Law" means federal laws and laws of the,Iunsdlction where the Property is located that relate to health, safety or environmental protection, (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law, and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adverseIy affects the value of the Property The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to. hazardous substances in consumer products) Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of 002001236507 Initials Ck-e(WA) (0012) Page 12 of xl � Fame 3048 1101 20031209003568.01 release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property If Borrower learns, or Is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 22. Acceleration; Remedrea Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in thus Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default, (b) the action required to ewe the default; (a) a date, not Ins than 30 days fiom the date the notice is gmen to Borrower, by which the default must be cured, and (d) that failure to cure the default on or before the date spodfled in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not leas than 120 days in the future. The notice &ball further inform Borrower of the right to roiastate after acceleration, the right to bring a court action to assert the non-existenoe of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be included in the notice by Applicable Law. If tho default is not eurod on or before the date spemfied in the notiee, Lender at its option, may require mamediato payment in fall of all sums secured by this Security Instrument without further demand and may invoke the power of We and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect al expenses incurred in pursuing the remedies provided in this Section 22, bu ludmg, but not limited to, reasonable attorneys' iiia and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. Aller the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notsee of sale in one or more parcels and in any order Trustee detersnmes. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place feed in the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expromad or implied. The recitals m the Trustee's doed shall be prima facto evidence of the truth of the statements made therem. Trustee shall apply the proceeds of the sale in the following order: (a) to all ergsensm of the sale, including, but not limited to, reasonable Trustee a and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally, entitled tort or to the clerk of the superior court of the county in which the sale took place. 23. R000nveyanoe. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument ' to Trustee Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law 0020012.36507 4 InitialsM -SCWA) (0012) Page 13 or I Form 3048 Vol 20031209003568.014 25. Use of Property. The Property is not used principally for agricultural purposes 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument The term "attorneys' fees," whenever used to this Security Instrument, shall include without hmitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT NOT ENFORCEABLE UNDER WASHINGTON LAW. ''S BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenant4 AA.: V! Security Instrument and in any Rider executed by Borrower and recorded with it = um7d ; h Witnesses 40 v . ��•. •ops• •��`_• .••, •.,r +j4t,t- le. G .... LSI 1 {J2.►n �� r•d v-,,d4r wk,.A VW--, � daj S' t-Sa,n Y- �t. 002001236507 0.v�G1 a-% C.t.A loos. Sums A 1 Ll t'IDA KIIA-&f ?ice'Ok k t_ t' 0.►.ti A r C'`.J o-� �-,kn . V-- Z" Okl-1 tM-0(WA) (0012) Page 14 otq L[' Form 3048 1101 20031209003568.010 STATE OF WASOTON 1: County of (,I J On this day personatiy appeared before me Svc," tome known to be the individuals) described to and who executed the within and foregoing instrument, and acknowledged that WMWtkey signed the same as Witter/their free and voluntary act and deed, for the uses and purposes therein mentioned VIA GIVEN under my hand and official seal this — day of S¢ �ca+v► ,X003 002001236507 (CkS(WA) (0012) S%A-'-AVN 1-.oW -%So V1 Notary Public in ad for the �StatleAof vVa�f�ington, rowwg at QLA1`(n1yi , Yv +t My Appointment Expires on Karan I -A 1 2Do(0 _ Initials Page 15 of'i'f� i Y(J/ Form 3048 1/01 20031209003568.01E Exhibit "A" THAT PORTION OF GOVERNMENT LOT' 1 IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W H, IN KING COUNTY, WASHINGTON BEGINNING AT POINT NORTH 89 DEGREES 01 MINUTES 27 SECONDS WEST 30 00 FEET AND NORTH 01 DEGREES 25 MINUTES 22 SECONDS EAST 30 00 PELM FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 1, THENCE NORTH 01 DEGREES 25 MINUTES 22 SECONDS EAST 109 00 FEET, THENCE NORTH 88 DEGREES 01 MINUTES 27 SECO S WEST 139 67 FEET, THENCE SOUTH 02 DEGREES 04 MINUTES 15 SECONDS WEST 109 00 FEET, THENSOUTH 88 DEGREES 01 MINUTES 27 SECONDS EAST 140 57 FEET TO THE POINT OF BEGINNING SITUA D IN THE COUNTY OF KING AND STATE OF WASHINGTON ABBV LEGAL GOV LT 1 IN THE NEI/4 OF S C 3, T23N, R5E, W H APN# 0323059258 U16277OBS-01NDIS REFIHAHCL DOT LO*l# 136567 US Recordings p,4b E 1 � 20051118002625.061 After Recording Return To: HOMESTONE MORTGAGE, INC. 11.255 KIRKLAND WAY #100 KIRKLAND , WASHINGTON 98033 2005.118002625 OLD REPU13LIC I DT 53.00 aacE081 G 03 KINGECOUNTY. WAB - ;Space Above This Line For Reoordind Data] Loan Number: 1050831006 DEED OF TRUST' MIN: 1002765-1050831006-0 Grantors) (Last name first, then first name and initials): L MACKAY, JR, PAUL F Z MACKAY, TAMMY L 1y 3.4. d" OLD REPU Lk i�1TLt JD. 6. ❑ Additional names on page of document, Gmntee(s) (Last name first, then first name and initials): L MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (MFRS) 2. 4_�Drr,.Qt> 3. 4. 5. 6. ❑ Additional names on page of document. Legal Description (abbreviated: i.e., lot, block, plat or section, township, range): 00, Full Iegal description on page 3 of document. Assessor's Property Tax Parcel(s) or Account Number(s): 03 2 3 0 5 - 92 5 7 - 0 6 Reference Number(s) Assigned or Released: ❑ Additional references on page of document. WASHINGTON•-Singia Family D0CmagFceRan°-°494Jff2 Fannie Mae/Fraddie Mao UNIFORM INSTRUMENT • MERS www.docnwgk.com Form 3048 1101 Page 1 of 1.8 W CVQ.=d.l .1(m 20061118002625.002 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated NOVEMBER 10, 2005 , together with all Riders to this document. (11) 'Tarrower" is PAUL F MACKAY, JR AND TAMMY L MACKAY, HUSBAND AND WIFE Borrower is the trustor under this Security Instrument. (C) "Lender" is HOMESTONE MORTGAGE, INC . Lender is a WASHINGTON CORPORATION organized, and existing under the laws of WASHINGTON Lender's address is 11255 K I RKLAND WAY #100, K IRKLAND , WASHINGTON 98033 (D) "Trustee" is OLD REPUBLIC TITLE L.* •- 4114 198TH STREET SW, SUITE 4,ILYNNW00D, WASHINGTON 98036 (E) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficlary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Boz 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated NOVEMBER '10 , 2 0 0 5 . The Note states that Borrower owes Lender S IX HUNDRED FORTY THOUSAND AND 00/100 Dollars (U.S. $ 640, 000.0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Paymcmts and to pay the debt in full not later than DECEMBER 1, 2035 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property (lo"Loan" means the debt evidenced by the Note,. plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): ® Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify) ❑ 1-4 Family Rider ❑ Biweekly Payment Rider (.1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. W "Community Association Dues, pees, and Assessments" means all dues, fees, assessments and other charges that are imposed an Borrower or the Property by a condominium association, bomeowners association or similar organization. WASHINGTON --Single Family DodM!Rq 4WW= 600.649.1662 Fannie MaelFraddia Mac UNIFORM INSTRUMENT - MERS www.doamajJk.com Form 3048 1101 Page 2 of 18 Wa3X1.md.2At= 20051118002625.003 (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S:C. ¢2601 et seq.) and its implemcniing regulation, Regulation X (24 G.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and' restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or nut that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF'RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MFRS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MFRS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of KING (Type of Recording Jurisdiction) [Name of Recording Iurisdiction] W TEM EE3== MT49 FD HMM RU WM A 94W MEF AS IIg•= "A" . A.P.N. ##r 032305-9257-06 WASHINGTON. -Single Family DocA t b 8006"944 Fannie Mae/Freddie Mae UMFORM INSTRUMENT - MERS www.docm .9hxcom Form 3048 1101 Page 3 of 1 a WW43j ad.3.t= which currently has the address of 14 7 2 5 SE 9 9 TH ST lstreetl 20051118002625.004 RENTON , Washington 98 0 5 9 ('Property Address'): lCILYI IZ�p Cod=) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MORS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security -Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest onunapplied funds. Lender may hold such unapplied funds until Borrower makes paymm to bring the Loan current. If Borrower does not do so within a reasonable period of Ume, Leader shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against lender shall relieve Borrower from making payments due under the Note and this Security instrument or performing the covenants and agreements secured by this Security Instrument. WASHINGTON-vinq a Family DxMagic eooM-r362 Fannie Mae/Freddie Mao UNIFORM INSTRUMENT • MERS www.doomegfo.com Form 3048 1101 Page 4 of 18 20051118002625.606 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) Interest due under the Note; (b) principal due under the Note; (c) amounts due under Section. 3. Such payments shall be applied to each Periodic Payment in the ordertn which it became due. Any restraining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Dote, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this - Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such paynu= and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section $5 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and. hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise inaccordance withApplicable Law. The Funds shali be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time WASHINGTON—Single Family OoodRaglc 800449-1962 Fannia MaelFreddie Mao UNIFORM INSTRUMENT - MERS www.doome9k.com Form 3048 1101 Page 8 of 18 woul.md.53CM 20051118002625.006 specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the bunds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fiends in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. . Upon payment in full of all sums secured by this Security Instrurnent, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or .ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are conchtded; or (c) secures from the holder o€.the lien an agreement satisfactory to Leader subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either; (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one -tithe charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by tht Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. WASHINGTON --Single Family V0CM0gkWJ== 800449-1382 Fannie MaelFre&llte Mae UNIFORM INSTRUMENT - MERS www.docmirgir-com Form 3048 1101 Page B of 1 a W&X0.mtd4tam 20061118002625.007 . h.•I•:`.I.l i If Bormewer fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. .In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall ` be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender WASHINGTON --Single Family 00c1Me CVhn= 80"494392 Fannie Mae/Freddie Mao UNIFORM INSTRUMENT - MERS www.doemaoic.com Form 304a 1101 Page 7 of 16 w.V4a=d.7.1cm 20061118002625.008 otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond,Borrower's control. 7. 'Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage. or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless itis determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved. of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may snake reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property mdlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but,are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instnunent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to maks repairs; change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Gender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the Ieasehold and the fee title shall not merge unless Lender agrees to the merger in writing. WASHINGTON --Single Family AocMa& 80ae4943e2 Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - MERS www.dacmagb.com Form 3048 1101 1 Page a of 16 w.X4s.n3Z&9ACM 20061118002625.009 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Leader the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insuraiict, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive it refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. -WASHINGTON--Single Family 00~ CUUUouoQ 800443,1362 Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - MERS www.doomayia.00m Form 3048 1101 Page 9 of 16 W&9UA.,md9.1= 20051118002626.01 a If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds, If the restoration or repair is not economically feasible ar Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event'of a partial taking, destruction, or Ioss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrutnent immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the, Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not that due, "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Under's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be disn-dssed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. WASHINGTON—SingleFamlly D=&bUke9ft%ea aoae49-1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MER5 www.domugic.com Form 3043 1/01 Page 10 of 16 w.n4a.0aa m.Lm 20051118002625.011 12. Borrower Not Released; Forbearance By bender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in interest of Borrower. Any forbearance by Leader in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer") : (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tetras of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees; the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loaa exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance 'of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change WASHINGTON--Sirnpia Family D0GMB9k4XRW= acoria -rtes Fannie Mae/Freddie Mao UNIFORM INSTRUMENT • MERS www.daamegla ram Form 3048 1101 Pepe 11 of 16 WLYA8.ffzd.11,1, 20051118002626.012 of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under -this Security Instrument. 16. Governing Law; Severability; Rhues of Construction. This Security Instrument shalt be governed by federal law and the law of the jurisdiction iti which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security 'Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or 'words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. • 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not fess than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these suras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest oh (a) five days before We of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that lender's interest in the Property and rights under this Security Instrument, WASHINGTON= -Single Family DWA10VkCRWtM 800.049•0362 Fannie MaelFraddie Mao UNIFORM INSTRUMENT - MERS www.docmagk.com Form 3048 1101 Page 12 of 18 wfi3o48.=d. 2JM 20051118002625.013 ud Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Leader may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Fender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to .be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Secdon22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances In consumer products). WASHINGTON --Single Family D=MVOk MO-6494362Fannie Mae/Freddie Mee UNIFORM INSTRUMENT - MERS www.doomtgio.com Form 3048 1101 Page 13 of 18 W4SW-MW.13,km 20051118002625.014 Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any, Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, relcasc or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not Iess than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified In the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days In the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be Included In the notice by Applicable Law. If the default is not cured on or before the date specified in the notice, Lender at its option, may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, Including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to he sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale In one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed In the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying theProperty without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty WASHINGTON—Single Family DocM0gk43R mW e0ae49-1se2 Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - MERS www.dwmagic.com Form 3048 1/01 Papa 14 of t8 20051118002625.01E to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and -duties conferred upon Trustee herein and by Applicable Law. 25. Use of Property. The property is not used principally for agricultural purposes. 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys' fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrmnent and in any Rider executed by Borrower and recorded with it. J'-(Seal) (Seal) PAUL F MACKAY, JR -Borrower TAMMY L ACKAY arrower — (Seal) -Borrower (Seal) -Borrower Witness Witness — (Seal) -Borrower — (seal) -Borrower WASHINGTON—Single Family DocUbgkQVamoom ava-sos-rses Fannie Mee/Freddie Mao UNIFORM INSTRUMENT - MERS www.docwayk.com Form 3048 1101 Page IS of 18 w&3aa.za.1s.um 20051118002626.01 E State of Washington County of KING On this day personally appeared before me PAUL F MACKAY, JR, TAMMY L MACKAY to me known to be the individual or individuAkdesctibed in and who execs the within and foregoing instrument, and acknowledged that he/shey igned the same as his/he thea ,Free and voluntary act and deed, for the wes and purposes therein mentis Given under my hand and official seal this 4 4* day of Y 4ovftj�i.W 12WS PRp0litIt .T. % Z s 09 AD �/ p�4ttit�a�w` Ir�� ff,10P WABON (seal) CaAZ1_4 c -k. I Notary Public and for the state of Washington, residing at: My commission expires: Vp _09 - 0�0 WASHINGTON --Single Family D0CMb&eV4UUW 804848-i362 Fannie MaalFredd'ia Mao UNIFORM INSTRUMENT - MERS www.doomaeo.com Form 3048 1101 Page 16 of IS wu04L=d.1dA= 20061118002625.017 Loan Number: 1050831006 FIXED/ADJUSTABLE RATE RIDER (One -Year Treasury Index - Rate Caps) THIS FIXEDIADJUSTABLE RATE RIDER is made this 10th day of NOVEMBER , 2 0 0 5 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to HOMESTONE MORTGAGE , INC., A WASHINGTON CORPORATION ("Lender's of the same date and covering the property described in the Security Instrument and located at: 14725 SE 99TH ST, RENTON, WASHINGTON 98059 [Property Add:msl THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FDIED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE DMEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements trade in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 6.250%. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the 1 s t day of DECEMBER, 2015 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an atustable interest rate, and each date on which my adjustable interest rate could change, is tailed a "Change Date. " (B) The Index Beginning with the first Change Date, my adjustable interest rate wiII be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation or Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND 750/1000 percentage points ( 2 .7 5 0 %) to the Current Index: The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.12596). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. MULTISTATE FIXEDIADJUSTABLE RATE RIDER DtxM9gk4WbV= eoo•649.1362 ONE-YEAR TREASURY INDEX --Single Family www.daomayla.com Fannie Mae MODIFIED INSTRUMENT Form 3192 1101 Page I of 4 U33L121dd.1 J= 20051118002625.01E -The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full an the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Lirnits.on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.250% or less than 2 .7 5 0 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than TWO AND 0 0 0 / 10 0 0 percentage points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than . 11.250 %. My interest rate will never be less than 2.750%, (E) Effective Date of Changes My new interest rate will become effective on each Change Date, I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F). Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows, Tralnsfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower isnot a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE: FIXED/ADJUSTABLE RATE RIDER DooMapfcoa eoae0.1302 ONE-YEAR TREASURY INDEX—Single Family www.deemjW&aam Fannie Mae MODIFIED INSTRUMENT Form 3182 1101 Page 2 of 4 us31a2,rK2.um 20051118002625.019 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section BI above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shalt be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for Gleed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest In the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that,is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower Hurst pay. all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE FIXED/ADJUSTABLE RATE RIDER Uo~4 800-649.1382 ONE-YEAR TREASURY INDEX- SinEIa Family www.doomayla,00m Fannie Mae MODIFIED INSTRUMENT Form 3182 1101 Page 3 of b U&3182.dd.3,4= 20061 9 1 8002626.020 BY SIGNING BBL.QW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider, (Seal) AUL F MACKAY, QTR -Borrower (Seal) -Borrower (Seal) -Borrower — (Seal) -Borrower — (Seal) -Borrower MULTISTATE FIXER/ADJUSTABLE RATE RIDER D0CM8gkCJ aaio-643.1362 ONE-YEAR TREASURY INDEX --Single Family www.doomeyk.com Fannie Mae MODIFIED INSTRUMENT Form 3182 1101 Page 4 of 4 v01er.oa4.,.m 20051118002625.021 EXHIBIT "A" That portion of Government Lot(s)1'. Section 3; Township 23 North, t2anjp ti East, W.M., 'In King County, Washington, described as follows: Beginning at a point North 88001'27` West 30 feet and North 01'25'22" East 30.00 feet from the Southeast corner of said Government Lot 1; THENCE North 07°25'22" East 205,00'feat to the True Point of Beginning; THENCE North D1°25'22" East 109.00 feat; THENCE North 88001'27" Weet 138.97 -fast; : THENCE .South.02°04'15" West•109.00 feet; THENCE -South 88°01'27" East 138.20 feet to the True Point of Beginning; (ALSO KNOWN AS Parcel A of King County Short Plat No. 07982 as approved on July 20,1970).' SITUATE in.the County of King, Stato of Washington ABBREVIATED LEGAL Portion of Government Lot(s)1, Section 3, Township 23 North, Range 5 East, W.M. Tax Account No. 032305.9257-06 END OF EXHIBIT "A" 20060531000465.001 111 AFTER RECORDING MAIL TO: Name DANIEL D. PECK 20060 310 0485 C" TIT DT 3'5.00 Address 6101 NORTIiIiA 4THFLAC$ 6 � 6M City. Stare. Zia RENTON. WA 98059 K Filed for Retard at Request of. (¢j'- 12 n L,-�, / 5 - 8 DEED OF TRUST (For use in the state of Washington only) Grantor(a) GARY TH"MER AND PATRICIA R K Grantee(s) DANIEL Q. PECKAND PATRICIA R. PECK Trustee Abbreviated Legal: A P0RTIOrj OF THX S01affliQUARTER OF TIM NORTHEAST QUARTHR OF SEC HON 3. TOW_N�HIP 23 NORTH. RANGE 9 EAST. _ Additional Legal on page: 2 Assessor's tax parcel/Account Not: 032305-9104-09 THIS DEED OF TRUST, made this 3RD day of May, D6, batuwn.GARYr JERAMER and COLLEEN R Huy ?and -and Wife. GRANTOR(S), whose ad&cts is 12517 SOUTHEAST SIST_STREET. RELLRVIX WA 29006, JjWME SERVICES. INC.. TRUSTEE, whose address is P.O. BOX 2980 SILVERDALR. WA 98383, and DANIEL D. PECK AND PATRICIA R. PECK, BENEFICIARY, whose address is 6101 N.E. gMQM WA 98059. WITNESSETH: Grantor(s) hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real property in ICING County, Washington: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF MCAGO ME INSURANCE COMPANY has placed the document of recoil 1w tiner rue ly the accuracy ar %WW4 a( which real property is not mu$s�cipally for agricultural purposes, together with all tenements, hereditaments, and appurtenances now or hereafter belonging or in any way appertaining, and the rents, Issues and profits, of the property. This Deed of Trutt is for the purpose of securing performanw of each agreement of Orantor(s) contained in this Deed of Taut, and payment of the sum of One Hundred Eighty Thousand And 00!100 Dollars (5180,000,00) with interest, in accordance with the terms of a promissory note of even date.herewith, payable to Berefloiary or order, and made by Grantor(i), and all renewals, modifications and extensions of the note, and also such further sums as may be advanced or loaned by Beneficiary to Grentor(s), or any of the Grantor(r) their successors or assigns, together with interest thereon at the rate agreed upon. DUE DATE: The entire balance of the promissory note secured by this Deed of Trust, together with any and all interest accrued thereon, ahalt be due and payable in full on DECEMBER 301.200C To protect the security of this Deed of Trust, Grantor(s) oovedants and agrees: 1. To keep the property in good condition and repair; to permit no waste; to eorrrplete any building, structure or improvcmcnl being built or about to be built on the property; to restore promptly any building, structure or improverrtesrt on the property which may be damaged or destroyed; and to comply with all taws, ordinances, regulations, covenan% conditions and restrictions affecting the property. 2. To pity before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust as VOW ram SSquwA rte.. rearms 13&22 A (c) (4100) Pip 1 of4 200605310004135.002 3. To keep all buildings now or hereafter erected on the property continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Dead of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear, and then to the Qranior(s). The amount collected under any insurance policy may be applied upon any indebtedness secured by this Deed of Trust in such order as the Beneficiary shall deterrWria. Such application by the Beneficiary shall not cause discontinuance of any proceedings to Ibreclose this Deed of Trust. In the evemi of foreclosure, all rights of the Gratior(s) in insurance policies then In fmcc shall pass to the purchaser at the foreclosure sale, 4. To defend any action or prooeeding purporting to affect the security hereof or the rights or powers of Benelfeiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable arnount, in any such action or proceeding, and In any suit brought by Beneficiary to foreclose ibis Deed ofTrust. S. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured by this Deed of Trust and Trustee's and attorneys fees actually incurred, as provided by statute. 6. Should Grantors) fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges agahno the property heminabovc described, Beneficiery may pay the same, and the amount ro paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a pat of the debt secured in this Deed ofTrust. T. DUB ON SALE: (OPTIONAL - Not npplieablg unless initialed by Grantor and Beneficiary) The property described in this security Instrument may not be sold or transferred without the Beneficiary's consent. Upon breach of this provision, Beneficiary may declare all sums due under the note and Deed of Trust frnmediately due and payable, unless prohibited by applicable law. CJ-, for (initials} IT IS MUTUALLY AGREED THAT: Beneficiary (Initials) S. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fblly satisfy the obligation secured by this Deed of Trust, shall be paid to Beneficiary to be applied to said obligation. 9. By accepting payment of any sum secured by this Deed ofTrust after its due date, Beneflclmy does not waive its right to require prompt payment when due of all other sums so secured or to declare deikult for Mute to so pay. 10. The Trustees shall reconvey all or any part of the property covered by this Deed of Taut to the person entitled thereto on written request of the Grantors) and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance Houle by the Beneficiary or the person entitled thereto. 11. Upon dedult by Grontor(B) in the payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement contained in this Deed of Trust, all sums secured by this Deed of Trust shall immediately becorne due and payable at the option of the Beneficiary, subject to any cure period provided Irk the note secured by this Dead of Trust. In such event and upon written request of Bamcf1ciary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee tray bid at Trustee's sale. Trustee shall apply the proceeds of the We a follows: (1) to the expense of sate, including a reasonable Tnssioe's fee and attomays fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto. 12. Trustee shall deliver to the par haacr at the sale its dead, without warranty, which shall convey to the purchaser a1I right, title and interest in the real and personal property which Grantor(i) had or had the power to convey at the time of his execution of this Deed of Trust, and such as Grantor(s) may have acquired thereafter. Trustee's deed shall recite the facts showing that the tale was conducted in compliance with all the requirements of law and of thte Decd of Trust, which recital shall be pnims fWa evidence of such compliance and conclusive evidence thereof In fbvor of bona tide purchasers and encumbrances for value. 13. The power of sale conferred by this Deed ofTrust and by the Dead ofTrust Act of tha State of Washington is not an exclusive remedy, Eenaficiary may cause this Deed ofTrust to be foreclosed at a mortgage. 14. In the event of the absence, death, Incapacity or disability or resignation of'Ihrstee, or a the discretion of the Beneficiary, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee slmill be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of periling sale under any other Deed ofTrust or of any action or proceeding in which Grantors),'Irutice or Beneflelary shall be a party unlet such action or proceeding Is brought by the Trustee. 15. This Deed of Trust applies to, inures to the benefit oi: and is binding not only -on the parties hereto, but on his/her/their heirs, devisecs, legatees, administrators, executors, successors and assigns. The term Beneficiary shall mean the holder and owner of the nor secured hereby, whether or not named as Beneficiary herein. fan MOM fra SWWWA saw. rao Jn LPB-23 A (0) (40) Paan 1 of 4 20060531000485.003 Ib. ADDITIONAL TERMS AND CONDITIONS:- (check one) a. (X) NONE OR b. () As set forth on the attached "Exhibit "A" which is incorporated by this reference r' f (Note: If neither a nor b is checked, then option On" applies) Dated, 5i C dfo F,�� _ , i� ro;► :F, � oOVIOMA _ STATE OF WASHINGTON COUNTY OF KING as I certify that I know or have satisfactory evidenec that GARY THRAMER and COLLEEN TE9 AMER ate the persons who appeared before me, and said persons acknowledged that TREY signed this instrument and acknowledged it to be'I HEIR free and voluntary net for the uses and purposes mentioned in this instrument. Dated:il 0A Notary Public In and for the Stale ofVaF1njtYri Residing at V 9 f O tis Ayappointmeen'Cexpires: �o� 1 ! REQUEST FOR FULL RECRNVEYANCE -Do not record, robe used only when nota has beer paid. TO: TRUSTEE 'Ito undersigned is the kgal owner and holder of the note and nil other indebtedness seemed by the within Decd of Tmt Said note, u4cther with all other indebtedness secured by said Deed of Tnut, has been fully paid and satisfied; and you ars hereby requested and directed. on payment to you of any sums owing to you under the [erste of said Deed of Trust, to cancel said now abovo meridotsed, and all other evidences of indebtedness secured by said Deed of 71as1 delivered to you herewith, together with the said Deed of Trust, and to reeomey, without warranty, to the partes designated by the tenets of said Deed of Trust, all the estate now held by yeu thereunder. Dated WN 'ht '��� 510NFrUAi�t+4 ' p� �6TAR j.to AUBI.%G rt���OF WAS ...... � 'tit\\1����N�~~r 101115 MOM Farm SSM"WA Aay. I OW.W IPB-22 A (c) (WO) Page 3 o14 20090818000953.001 Return To: WFHM FINAL DOCS X2599-024 405 SW 5TH STREET DBS MOINES, IA 50309-4500 Assessor's Parcel or Account Number: 032305-9224-06 Abbreviated Legal Description: , ,A PORTION OF DOVE ]T IAT 1, SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 BAST, VILLAil6Ti'S MMIDIAN [Include lot, block uW plat or section, township and range[ bull legal description located on page 2 Trustee:'NORTHWEST TRUSTEE SERVICES LLC, 3535 FACTORIA BLVD SR, STE 200, BELLEVUE, WA 98006 ` [Space Above This Line For Recording Data] PHA Case Na. State of Washington DEED OF TRUST 561-9181514 703 "Ly'a laSeq#-� THIS DEED OF TRUST ("Security Instrument') is made on JUNE 16, 2009 The Grantor is MATTHEW FELLABAUM AND BETSY FELLABACM, HUSBAND AND WIFE ("Borrower"). The trustee is NORTHWRST TRUSTEE SERVICES LLC, 3535 FACTORIA BLVD SE, STE 200, BELLEVUE, WA 98006 ("Trustee"). The beneficiary is WELLS FARGO BANK, N.A. which is orgattized and exisdng under the laws of THE UNITED STATES , and 0106157134 NMFL 90333 (WAPD) Rev 2/2712006 FHA Washington Deed of Trust • 4/% A-4R4WA1 (0305) ``II II II Page 1 of 8 VMP Mortgage Solutions (800)521-7291 20030618000853.002 whose address is a .O. BOX 11701, NEWARK, NJ 071014701 ("Lender's. Borrower owes Lender the principal sum of THREE HUNDRED THIRTY THOUSAND SIX HUNDRED EIGHTY SEVEN AND 00/100 Dol[ars (U.S. $ ******330,687-00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JULY D1, 2039 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the . payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; -and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to the Trustee, in trust, with power of sale, the following described property located in KING County, Washington: SEE ATTACHED LEGAL DESCRIPTION THIS IS A PURCHASH MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO ROME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 which has the address of 2411 NILE AVE NE [slivatl RENTON [City), Washington 96059 [Zip Code] ("Quop,)a Address; TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the Property. BORROWER COVENANTS that Borrower is Iawfully seized of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS. SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and [.ender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and lute Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower skull include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) Ieasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Leader must pay a mortgage insurance premium to the Secretary of Housing and Urban Development i"Secretary"), or in airy year in which such premium would have been required if Lendcr still held the Security nstrument, each montesy payment shall also include either: (1) a sum for the annual mortgage insurance premium to be (raid by Ur err the Secretary, or (5) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be %-4R(WAI (0308) Page 2 of 8 20090618000953.003 detemtined by the Secretary. Except for the monthly charge by the Secretary, those items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Itemis in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 el seq. and implementing regulations, 24 CPR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Punds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: Fir 1, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; ec n , to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; itj to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements an the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Leader requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate totice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. Ali or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, tilde and interest of Borrower in and to insurance policies in force shall pass to the purchaser. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of thds Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Propertx or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the Than is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall e A(WA) 10303) Peas 3 of 8 20090618000953.004 also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the, payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lander may do and pay whatever is necessary to protect the value of the Property and Lender's Tights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or . (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Gare -St. Germain Depository Institutions Act of 1982, 12 U.S.G. 1701]-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if- 444R(WA) (0305) Page 4 of 8 20090618000953.005 (i) &_or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of BUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the cast of payment defaults, to require Immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium, to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum, all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instru=nt and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if; (i) ]..ender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument, 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to -commence proceedings against any successor in interest or refuse to extend time for payinent or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Now: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument,, (b) is not personally obligated to pay the sutras secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to tine terms of this Security Instrument or the Note without that Borrower's consent. %-4R(WA) {0305) Page 5 of a 20090618000953.006 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lander when given as provided in this paragraph. 14. Governing Law, Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument -and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16, Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in tete Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage an the Property of ssruall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVBNANTS.' Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall colleccand receive all rents and revenues of the Property as trustee for tete benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or, remedy of Lender. This assignment of rents of. the Property shall terminate when the debt secured by the Security Instrument is paid in full. 44-4R(WAl (0305) Page 6 of 8 20090618000953.007 19. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this paragraph 18, Including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shag take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require. After the time required by applicable law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terns designated In the notice of sale in one or more parcels and In any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by applicable law by public announcement at the time and place fixed in the notice of sale. Lender or Its designee may purchase the Property at any We. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale In the following order; (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. If the Lender's interest In this Security Instrument Is held by the Secretary and the Secretary requires immedtate payment in full under paragraph 9, the Secretary may invoke the nonjudldal power of We provided In the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay, any recordation costs. 20. Substitute Trustee. In accordance with applicable law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Use of Property. The Property is not used principally for agricultural or farming purposes, 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrament as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)). ❑ Condominium Rider Growing Equity Rider ❑ Other [spay] ❑ Planned Unit Development Rider F1 Graduated Payment Rider 0-4R(WA) (0305) Page 7 of 8 20090618000953.008 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Burrower and recorded with it. Witnesses: (Seal) TTHEW F8 AUM -Borrower (Seal) -Borrower — (Seal) -Borrower (Seal) -Borrower STATE OF WASHINGTON County of 41k"' AatAA_-,__ (Seal) 8 TSY F LABAUM -Borrower (seal) -Borrower (Seal) -Borrower (Seal) -Borrower On this day personally appeared before me MATTHEW FELLABAUM AND BETSY FELLABAUIK I ss: to me known to be the int�d 1(s) described in and who emoted the within and foregoing instrument, and acknowledged that he/sh a ned the same as hislh their and voluntary act and deed, for the uses and purpose therein mentioned. GIVEN under my hand and official seal this {�� of Q�4R(WA) (0305) .'00 Notary Public in and for ttte Stanashin n, residing A( _PPEPM Pi f r My Appointment Expires on 1) ! 9 f ! O Page a of a 20090618000953.COS EXHIBIT A LEGAL DESCRIPTION Order Na.: 1283891 THE LAND REFERRED TO IS SITUATED IN THE STATE OF WASHINGTON,COUNTY OF KING , AND IS DESCRIBED AS FOLLOWS. THAT PORTION OF GOVERNMENT LOT 1 OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS. BEGINNING A`1' A POINT NORTH 88001'27" WEST, 30 FEET AND NORTH 01025'22" EAST, 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT L; THENCE NORTH 01°25'22" EAST, 109 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01025'22" EAST, 96 FEET; THENCE NORTH 88001'27" WEST, 138.20 FEET; THENCE SOUTH 02004'15" WEST, 96 FEET; THENCE SOUTH 68001'27" EAST TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL B OF KING COUNTY LOT LINE ADJUSTMENT NUMBER 8811012, RECORDED UNDER RECORDING NUMBER 8901270305). mi; 20090804000962.001 _ Electronically Recorded 20090804000962 SIMPLIFILE DT 71.00 Page 001 of 009 08/0412009 02:58 King County, WA WHENAF,pORDF.�, Rl;~I11ttN -M: EQUJTr1 oAN=T-7M JIM SVJMRIMAVMV&; SrirrLr2M CLEMAM OHIO 1i1Jjj NAMNALREvoRDRW. 7EW.. .lat+n�ad� Re W rdi� Rr �a�t Re�ae� (Space Above This Line For Recording Data) DEED OF TRUST. (OPEN-END CREDIT - THIS DEED OF TRUST SECURES FUTURE ADVANCES) DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 6, S, 13 and 15. Certain rules regarding the usage of words used In this document are also provided In Section 11, (A)"Socudty Instrument" means this document, which is dated Juy2a, 2009 (B) -Borrower" Is Genn R Haugen and Loam V Haugen, husband and We Borrower Is the trustor under this Security Instrument. (C)"Lender" Is Boeing Employees' Credit Union, Lender is a Credit Union organized and existing undar the laws of the State of Washington. Lender's address Is P.O. Box 97050, Seethe, Washington 98124-9780. Lander Is the beneficiary under this Security Instrument. (0)"Trustee" is Regional Trwwe serwoea corporation (E)"Agreement" means the Credit Line Account Variable (merge( Rate Home Equity Secured Open -End Credit Agreement and Thither -Lending Disclosure signed by Borrower and dated J* 2e, 2000 . The Agreement states that Borrower may, from time to time, obtain advances not to exceed at any time an amount equal to the Maximum Credit Limit (as defined therein) cf 8evenlydwo thousand aeven hWAMd any and 001100"""—"- Doilars (U.S. S. 72.7so,00 ) plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt In hull not later than &s -A94 (F) "Property" means the property that Is described below under the heading "Transfer of Rights In the Ply" Loan Reference Number. 2005210147 4111 ""' HPItiGEN WR Abbreviated Legal pescriptlon Ptn Goa L1. S3. T22N, REE, W.M., King Ca, WA FIRST ANMICRN ELS OPEN END OW OF TRUST III111101111 Assessor's Property Tax Parcel Number, o3mo5A2ss (0) "Loan" means the debt owed under the Agreement, plus interest, any tate charges or other fees and dvvges due under the Agreement, and all sums due under this Security Instrument, plus Interest, (Ff) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of low) as well as all al)Pkable Mal. non -appealable judicial opinions. (Q *Community Association Dues, Fess, and Assessments" means allassociation, and other charges that are imposed on Borrower or the Property by du onfinitnrl homeowners assockdon or similar organt ration. (J) "i lu trorhic Funds Trmwkr' means any transfer of funds, other than a transection originated by check, drag, or similar paper instrument, which is Initiated through an elecpnrlic terminal, telephonic instrument, computer, or magnetic tape so as to order, Instruct, or authorize a ftnanckal institution to debit or asci( an account. Such term Includes, bull is not limited to, point -f -sale trarWers, automated tatter machine tramsadions, transfers Initiated by telephone, wire transfers, and automated deartr%thouse transfers, oT� am 0.1 11 a 2009080400096?.00 (1g,mb oeilansous Proceeds' means any componsaW. aelltlsmenk award of damages, or proceeds paid by any Oft party (outer than Inswance proceeds paid under the coverages described In section 3) for. (i) damage to, or destruction of, the Property; (IQ oondertuwtion or other laking of al or any part of the Property; (lli) oonveyance in Neu of cot Kim, notion, or (iv) mismpresantatfonr of, or omissions as to. the value andlor condition of the Property. (L)'periodo payment' means the regularly sc✓haduled amount due for principal and Interest under the Agreernent. (tM) "Suaogssor In IntanM of oorrowwO moons any party dtat has taken title to the Property, whot?w or not alai party hats assumed Borrowers obligations under the Agreement andhtr this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrtanant secures b Lander. (i) the repayment of Me Loan, and all renewals, extensions and modtiic itione d the Aprsarned; and (il) the pwknrartos of Borrowers colrersartts and agreements under this security Instrument and No AWoantenl For tltfe purpose. Borrower irrevocably grants and conveys to Ttnuslee, in tnrat, with power of seta, the following dssaRted property located in the Candy of King [Type of Recording Juaisdi tion) (Meme of Recordhlg Jurladlctiml That pertion of kion.rnnwnl Lot 1 is the Mertheett Quatter of Sac*M 3. TMft* 23 north. Ranpa s Eau, W.M., in larq County. Washroom. aegWng at pdrd North e6 dog rsse 01 mWee. 27 Ilecoada West 90.00 feel ud North Or 4eprea 25 mind" 22 seconds Esc! 30.00 Nal eon ale SOutromd OOnter Of said GON40nmen11 lot 1; Thence North O1 degrees 25 minutes 22 p00nds EM 100.00 Net Thence North 8e depress 01 minutes 27 saMift West 139.67 f K Thence SmM 02 dhlproea Of minutes to ee0ards West 100100 kat Thence Bouch as degrees 01 minutes 27 secoln 1 Fast 1&5? Nat b to polnld bedrarihp. Situated in the Countyof King and State of Washingmn. which currently has the address of 2405 NNe Ave NE Renton . WwNrtgton 98M {"Property Address'): TOGETHER WITH aN the Irnproventertta now or haredw erected an the property, and all easements. appurtenenees, and fixtures naw or hereafter a part of the property. All repleoortw s and additions steel! ansa be covered by this Security Instrument. At of the foregoing Is referred t0 In Ws Security tnstr rnent as the "Property.' BORROWER COVENANTS that Borrower Is lawfully seised of rhe estate hereby conveyed and has this right to grant and convey the Property arta that use Property In wtoncu nbered, except for enctxnbrartoes d record. Borroyver warrants and veil defend gerbrety lbe title t0 the Property against all Jahns and demands, subject to any erncimbrances of record. Borrower arta Lender covenant and agree as fdlowa: 1. PayrraM of Prindpal, Inbsnfst, Late Charps or adw Foes and f.'tasrgss, Borrower shell pay when due the prindpal of. and Interest on, the debt owed under the Agresmenl and kde charges ar other tees and Charges due under the Apreerrtertt. Payments dire under the Agrsemortt arta this Security IrWhimwd strep be rnede In US. amnncy. However, d any dfedc or other Instrument received by Lander as payment under the AWoomant or this Soc rity bhstrunent is relined to Lender unpaid, Lender may require that arty or all subsequent paynviints due under this Agmemord rend this SM"y Instrument be., In one or mora of the fdk:pMng forms, as selected by Lender (a) cash; (b) money order, (c) - Iffi -d docit, bank check, treasurers check or cashiers check, provided tarty such check is drawn upon an ka dkition whose deposits are insured by a IN I ai agency, instrurnentaft or ow. or (d) Elef; chic Funds Transfer. Payments are deemed rao*W by Lender when received at the location designated h the Agreement or at such offer looatlan as may be designated by Larder in accordance with the room provisions in Sawon 10. Lender fray fit" any peytrnent: or lairtiai peyment r the payment or partial "wa 2 a eI 20090604000962.003 payments are Insufficient to bring the Loan current. If Borower has breached any ooverranl or agreement In this Security Inatrument and Lender has accelerated the ot>ligatlona of Swower hereunder pursuant to Section 16 then Lender may aocept any payment or partial payment Insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments in the future, but Lender is riot obligated to apply such payments at the time such payments are aooeptW. M each Periodic Payment is applied as of its scheduled due date, then Lender need not pay Interest on unapplied funds. tender may hold such unapplied funds until Borrower makes payment to bring the Loan current. M Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Agreement immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against lender shall relieve Borrower from making pads due under the Agreement and this Security Instrument or performing the covenants and agreennents secured by this Security MshtanenL 2. Charger, Liens. Sorrower ahall pay all taxes, assassn wrts, charges, fines, and inpositions attributable to the Properly which can attain priority over this Security tnslnmmA leasehold payments or ground rends on the Properly, if any, and Community Assodatlon Dues, Foes, and A rent$, If any. Borrower shall promptly discharge any IIon which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the pen In a manner acceptable to Lender, but only so long as Borrower Is performing such agreenhant: (b) contests the lien In good faith by, or defends against enforoarnent of the Men In, legal proceedings which. in Lenders opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are omdurded; or (c) secures Cram the holier of the lien an agreement satisfactory to Lender subordinating the lien to this Security instrument If lender determines fiat any part of the Property 13 subject to a lien which can attain priority over tills Security Inelnmrent, Lender may give Borrower a notice klend ying the lien. Wltdn 10 days of the date on which that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 2. S. Property Insurance. Borrower shah keep the Improvements now existing or hereafter erected on the Property insured against loss by Bre, hazarda included within Mia term'extended oovarage,' and other hazards Including, but not limited to, earthquakes and floods, for which Lender requires insurance. This Insurance shall be maintained in the amounts (Iry luding deductible levels) and for the periods that Lender requires. What Lender requires pursuent to the preceding sentences can change during the term of the Loan. The bro urance carrier providing the Insurance shall be chosen by Bonnwer subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Borrower shall be responsible for the payment of any fees lmpoeW by the Federal Emerg ncy Management Agency In connection with the review of any flood zone determination resulting from an abjection by Borrower. If Borrower falls to maintain any of the coverages described above. Lender may obtain Insurance coverage, at Lenders option and Borrowers expense. Lender Is'under no obligstioh to purc base any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Bormwarls equity in bre Property, or the ocntenis of the Property. against any risk, hazard or Dabwas previously and might provide greater or lesser coverage than wpreviously In effect. Burrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed t>y Lender under this Section 3 mhtmag baoorne additional deM of Borrower secured by Ihis Seavity Instrument These amounts shag bear Interest at the rate chargeable for advances under the Agreement from the nate of disbursement and shall be payable, with such Interest, upon notice from tender to Borrower requesting payment. All insurance policies required by lender and renewals of such polices shall be subject to Lender's right to disapprove such polices, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Leader shell have the right to hold the polidea and renewal certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid. premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall hdude a standard mortgage douse and "I name tender as mortgagee "or as an additional loss payee. In the event of lass, Sorrcwwor shall qWe pronpt notice to the Insuranoe carrier and Leader. Lender .may make proof of bas if not made promptly by Borrower. lltihtess Lender and Borrower otherwise agree In writing, any Insurance proceeds, r or not the underlying ftwonoe was required by Lender. shag be applied to restoration or repair of the Property, tf the restoration or repair is economkeilly feasible and Lenders security is not iessaned. During such repair and restoration period, Lower shall have the right to hold such insurance proceeds until Leader has had an opporlurhity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such Inspection shall be undertaken promptly. Lender may disburse proceeds for fie repairs and restomtm h1 a alogia payrnent or In a series of progress payments as the work is completed. Unless an agreemonl Is made in writing or Applicable Law requires IMerrsst to be paid on Ruch insurance proceeds, Leader shag not be rmWired to pay Borrower any interest or eammp on such proceeds. Foos for public adj AMM, or other third parties, retalned lay Borrower shop not be paid out of the hu rens proceeds and shall be the Rob obligation ol Borrower. if bre restoratio] or repair Is not ecorramkauy feasible or Lenders security wouid be lessened, the k uancs proceeds shah be applied to bre mane secured by this Security inshrrment whether or not then due, with the ewosss. K any, paid to Sonower. Wwaao) 20090804000962.001 1 If Borrower abandons the Properly, Lander may fie, negotiate and settle any available insuursrroe daim and related matters. If Borrower does not respond wittdn 30 days to a notice from lender that the Insurance carrier has offered to settle a claim, then tender may negotata and settle the clah. The 30• day period will be* when the notice Is given. In sill er everd, or if under acquires lha Property under Section 16 0r advvwlse, Borrower hereby assigns to Lender (a) Borrowers rights to any Insurance proceeds in an amount not to exceed the amount unpaid under the Agree wwd or this Security Instrument, so (b) any o0w of Borrowrsrs right (other than the right to any rehrrd of unearned Werniuuma paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the owarage of the Property. tender may use Oro insa<renoe proceeds either to repair or rectors the Property or to pay arnou nts unpaid order the Agreement or Otte Sa=lty Inatrurnent, whether at not then due. 4. Presery ftm Malin mance and Prosection of tlta Properly; huspsdbns. Borrower shall not destroy. damage or impair the Properly, allow uta Property to deteriorate or comma waste on the Property. Whedw or not Borrower Is residing in the Property. Borrower shell maintain the Property In order to prevent the Property from deteriorating or dacmasfrrg In value due to Its cw4lon. Unless It Is datemnined pursuant to Section 3 that repair or restfora cin Is not eowamieally foaslele, Borrower shalt promptly repair the Property N damaged to avoid further deterioration or damage. 0 insurance or oondarmudon proceeds dee paid In oomectlon with damage to, or the taking of, the Property, Borrower shall be rasponsible for repairing or restoring rhe Property a dy 9 lender has released praoseds for such purposes. Lender may disburse proceeds for the repairs end restoration In a single paymerd or in a series of progress payments as the work is completed. H the Insurance or oorxiemnation proceeds are not sufficient to repair or restore the Property, Borrower It not retleved of Borrowers obligation for the oomplation of such repair or rostortadon. Lender or Its agent may make reasonable entries upon and Irhspecdorts d the Property. 0 a has reasonable cause. Lander may inspect the Intearior d the Improweiments on the Property. Lender shall glue Borrower notice al the time d or prior to ands m Interior irrspecliion specifying such reasonable cause, 5. Protection of LerWsrs lnleresst In IN Properly and plgtnt Under this ldedxsrffy tnsburnerrL It (a) Wmweer fats to perform the covenants and SOW- rite contained in" Security knseurnent; (b) two Is a legal proosading 11ha1 might significantly abet Lender's. Interest In the Property andror rights under Otis Security Instrument (sails as a prooseding in baniruptcy, probe's, for condernnation or forfaib^ for antroemsrtt of a lion which may 00 priority over nous Security Msaurnenl or to antoroe laws or regulations); or (c) Borrower Fres abandoned Ota Property, then Lender may do and pay for whatever is reasonable or approprieta t0 protect Lendeft interest in the Property and rights under this Sacuft Inat ument, including preoleCting and/or assesekmg the vA* of Ohs Property, and secudng arWar Mpeft the Property. Lenders ac0ons can inck►ds, but sue nal nutted W, (a) paying any subs secured by alien which ho priority aver Otis Semrty Instrtrnert; (b) appearing in court and (c) prAV reasonable attorrmys' fees fa protect Its interw in the Property andhx rights under this Searrity Instrument including its secured position In a bankruptcy pr nfa ging Oma Property Ind sdea, but is not limited to, ertitaring Odie Pmperty to make repairs, clhenge Iocke, replace or board up doors and w irwla was, drain water from plpas, elWnWft building or other code violations or dangerous eondatons, and have utldies honed on or off. Allftough tender grey take acllorh undar this Section 5, Lender does not have to do so and is not under any duly or obligation to do so. It Is agreed that tender Incurs no Mbikry for not tatdng any or as achene aukrized under Ode Section fit. Any amounts disbursed by Lender under this Section 5 shell beoorte additional debt of Banawar sewed by nth Seamy Instrhment. These amounts shag bear Interest at the Nola rate km the data d disbusamertl and shag be payable, with xAh interest upon notice ham Lander to Borrower requesikhg payment. 0.86 Security Instrument Is an a leasehold, Burow er shall cornply with all the provisions of the lease. If Borrower acquires fee tine to One Property, the leasdtold and the its lite thal not merge obese Lander agresa to the merger in wishing. fl. Assip"wo of M MIaneous Proceeds; Forfekm. An MISC Oarteous Prooeedt are hwaby assigned to and shall be plied to Lender. If the Properly is damaged, such Neceltaneoum Proceeds. shall be applied to restoraton or repair of Odie Property, if Ole restoration or repair is economically feasible and Landers saouUy Is M lessened. During such repair and restoration period, Lender ahall have Ova calm tin hold ouch Misoolanecw Proceeds urtn Lander has had an opportunity to Inspect such Pap" to ensue Ohs work has been completed to Landes satisfacton, provided that such inspection stout be undertalaen pecinpty. Lander may payfor the repairs and restoration in a abrade disbursement or In a saries of progeas payments as the work is completed. Unless an agreement is made in w ftN or Applicable Law requires interest to be paid on such Mfsceganeous Proceeds, Lender shat not be requlmd to pay Bonowar any ksterest or wo utas on such Misasllaromm Procsede. 0 the restoration or repair is not economically feasible or Lenders security would be lessened, the Mlecellaneoue Proceeds shad be applied to Ore surra secured by this Security instr rnent wlv*w or not than due, with the excess. If any, paid 10 Borrower. In the avant d a total taking, deshnuchw% or loss in value of the Property, the Miteeltaneeus Proceeds diad be appOed to the ams seaurad by this 3earrity Instrument, wdtellter or not than due, with the excess, 0 any, paid to Bwn*wrr. in the evert of a partial hiking, deshu dew% or logs In value d the Property in which the fair market value of the Property hvnedietefy before the pmU taking, destruction, or loss In value Is equal to or greater than the arrhoud of the aunts sgrim ed by 11mb Security Instrrnerd irnhediately before tma partial talft destructiom, or Ions in wkue, unless Borrower and Lender otFnerwekss agree in wwrbi% Owe sums seared by this Security Instrwrierd shall be reduced by Ore amount of rue MlsOeinneoun Proceeds WW4dYm 20090804000962.005 muttpliad by the following fracllon: (a) the total amount of the sums secured fmrnedletely before the partial taking, destruction, or loss In value divided by (b) the fair market value of the Property Immedlatety before the partial taking, destruction, or loss in value, Any balance shall be paid to Borrower. In the awl of a partial taking, destruction, or loss In value of Iha Property In which the fair market value of the Property Immediately before the partial taking, destruction, or lose in value is less than the amount of the sums secured Immediately before the partial taking, destruction, or loss In value, unless Borrower and Lander otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or rat the sures are then due. If the Property Is abandoned by Borrower, or V, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower We to respond to Lender within 30 days after the date the notice is given, Lender Is aut ized to collect and apply the Misrxllarteous Proceeds elther to restoration or repair of the Property or to the stuns secured by this Security Instrument, whether or not then due. "Opposing Party means the third party that owes Borrower Kscalaneous Proceeds or the party against whom Borrower has s right of action In regard to Miscellaneous Proceeds. Borrower shall be In default If any action or proceeding, whether civil or afrrdnal, is begun that, in Lenders judgment, could result In forfeiture of the Property or other material impairment of Lender's Interest In the Property or rights under this Security Instrument. Borrower can cure such a default and, If acceleration has occurred, retrrstate as provided In Section 14, by causing the action or proceeding to be dismissed with a ruling that, in Lenders judgment, precludes Welt re of the Properly or other material impairment of Landers interest in the Property or rights under this Security Instrument, The proceeds of any award or claim for damages that are attributable to ft Impairment of Lenders interest In the Property are hereby assigned and shah be paid to Lender. 7. 13orrawer Not Released; Forbearance By Lender Not a VftKer. Ex*uion of the time for payment or mWcadon of amortization of the sums seared by this Securtty Instrument grunted by Lender to Borrower or any Surccsssor In Interest of Borrower shelf Trot operate to relassa the liability of Borrower or any Success= in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Irtterast d Bouvwer or to refuse to extend time for payment or otherwise modify amortization of the sums seared by this Security instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower. Any forbearance by Lender In exercising any right or remedy Including, without Iimhtatton, Lender's acceptance of payments from third persons, entities or Succeswe In Interest of Borrower or In amounts less than the amount Ow due, shall not be a waterer of or preclude the exercise of any right or remedy. & Joint and Several Llabllhy; Cosigners; Successors and Assigns Bound, The covenants and agreements of Ifds Security Instrument shall blind and banefft the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 13. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Inshument but is not personally liable under dhe Agreement (a "co-signer': (a) is co-signing this Security Instrument only to mortgage, gnhnt end convey the co-signers interest in the Property tinder the tarns of this Se=* InsumenC (b) Is not personally obligated to pay the suns seared by this Security Instrument; and (c) agrees that lender and any other Bommw can agree to extend. modify, forbear or make any a000nwrwdattons with regard to the terms of this Security Instrument or the Agreement without the w -Signer's consent, 9. Loan Charges, Larder may charge Bomtww fees for services performed in connection with Borrowers default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument, indudl% but not limited to, attorneys' fees. property inspection and valuation fees. in regard to any other fees, the absence of express authority In this Security Instrument to charge a specific fee to Borower shah not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrumer l or by Applicable Law. tf the Loan is subject to a law which sets maximum loan charges. and. that law is finally interpreted so that the Interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such ban d>arge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lander may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to Borrower, Borrowers acceptance of any such refund made by direct payment to Borrower will cornstMe a waiver of any right of action Borrower might have arising out of such overcharge. 10. Notices. All notices given by Borrower or Lender In connection with this Security Instrument roust be In writing. Any notice to Borrower in connection with this Sourly Instrument shah be deemed to have been given to Borrower when mailed by first class mail or when actually delhrered to Borrowers notoo address if sent by offrer means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the Property Address union Borrower has designated a substitute notice address by nodoe to Lender. Borrower shall promptly notify Lender of Borowees change of address. If Lander specMes a procedure for reportirhg Borrowers change of address, then Borrower shall only report a change of address through that specified procedure. There may be only ons designated notice address tinder this Security Instrument at any one time. Any notice to lender shall be given by delivering it or by mailing ft by fist class mail to Lender's address stated Therein untess Lender has designated another address by notice to Borrower. Any notice In txxmediarn with this Security instrument ahafi not be dearned to have been rvo. s d sl 20080804000952.001 given to Lander untf actually received by Lwxter. If any notice required by lints Security Instrument is also requhed under Applicable Law, the Applicable Low requirement will rids the corresponding requirement under this Security ktstntrnent. 11. Governing Law; 8awrwbnW,, Rrdss of Consbuctlon. This Security Instruament strap be governed by federal law and the law of the Jtriaelclion In which the Property Is kocated. All rlghta and obligations contained In this Security Instrument ere subject to any requirwttente and Iknitations of Applkbble law. Applicable Lew mlgtd explicitly or krWHc tly allow the parties to agree by contract or it might be agent, but such silence shall rat be construed as a prohibition app* agroernent by contnttt. In the event that any provisiat or clause d tints Security Ir strument or pro Agreement conflicts with Applkrebb Law, such conflict shall not affect other KwAslats of this Security Instrument or the ASreernent which can be given effect without the conflIC&V provision. As limed In this Security Instnrnent: (a) wads of the masculine gender shall mean and include oonespatdi g neuter worde or words of the teminhe gender, (b) words in the shgwa shall meant and Include the plural and vim versa; and (c) the ward 1°ney' gives We daustion without any obllpadon to take any action. M Borrower's Copy. Bommer eel be 91m one copy of this Sec rtty kwv rnant. 13. Trmldar Of dw Property or a Berwllrttrtl khterest In Rorrewar, As used in this Section 13, "lntehrasl h lite Property means any Iegal a berheflofel Interest in the property, he OM. bud not IhWM to, those benefldal hUarests baWa on In a band for deed. OMtract for deed. instawnern eels contract or esoow agreement, the intent o(which Is the traralbr of We by BorrovM at a Mahe date to a purdwer. If all or any part of the Property or any Interest In the Property is wild or tra Meered (or Q Borrower Is not a natural penin and a benalicial interest In Bonoww Is add or bansferred) without L=We prior written owaant, Lender may require 'Annnadlate payment in fhrll of aN surne secured by this Security tnstnxnent. However. this cption shalt not be exercised by Lander K urch exercise is prohibited by Applicable Law. it Lwaar eoreraaes this option, Launder dug ghre Borrower no of acceleration. The, sw provide a period of not leas than 30 days htxn the date the notice is ghmn In accordance wM Section 10 within which Borrower mars) pay all sums secured by title Security Instrument. 0 Borrower fade to pay these sums prior to the eotpiation of this period, Lender may invoke arty rerrrediea permitted by this Security htsirtrnent without further notice or demand on S rower. . 14. BorrowWo Right to Reinstate Afssr Accakntttiom if Borrower meets cartaih oond ions, Bonowar shall halve the right to have erdoroemenl of this Security Inalrtrrnent dlecointirmed at any time prior to the oarkst of: (a) five days before sob of tiro Property pmamnt to any power of eWo oontah►ed in this Security Instrument (b) such other period as Applicable law might specNy for the termination of Borrowsra right to mkmhft or (c) entry d a )udpnnertl enforcing this Seartty Instrument Those oondistarns are that Borrower: (a) pays Lander all earns which then weed be due under ttds Security Insbunwd and Qhs Agraernent as if no aooellon ion had occurred; (b) ares any defy A d any odw covenants or agmemen* (c) pegs as ahpanees marred In erdoricing this Security Inshwnent, ktchrdbv, but not li niled to, reasonable attorneys' fees, property Inspeolion and vahuabon tem and other fear kmurrad for the purpose of protesting Lenders k tamest in the Prttw and rights under fits Seamy lnatnrrnenb and (d) takes sigh section as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Sec rtly Insirrrnent. and Borrowers ehI lige11 to pay pro sums seared by this Security Instn hent shall contnue uncharged. Lender may require that Banower pay such reinsteternent Bums and a penses in one a morn d the l Dwft forms, as selected by lender. (a) cash; (b) money order; (c) certified c heir, bank check Weasur+ers shaft or ®hia"s fresh, povlded any such d** is drawn upon an hatlddfon whose deposits are tus a by a federd agency, h*urnentality or emit ,, or (d) Bodronic Funds Transfer. Upon mindslemont by Borrower, ttfa Searky bwhvwt and obligaticons secured hereby " oat in Mly eflectim as K no acceleration had occurnxi. However. this right to rehdate dtall not apply In the case of acoMamtion under Section 13. 10. Hazodours Substanoea4 As used in this Section 15; (a) *Hazer tm &bstancee are time Substances didned as toxic or hazardous svbstatoee, pollutants, or wastes by Environmental Law and the folllmft substances: gesoltne, kerosene, either flammable or to* petrot x, products, toxic pesticides and herbicides, vdaft solventsmaterials oontakdng asbestos or formaldehyde, end radioactive materials: (b) Tawironntental tater rnsats tederat laws and laws d the Jtion where the Properly is located Qtat mk to to haW, safety or envftnnwtW protection: (c) 'Envinlnnrontel Cleanup" includes any response action. remedial action. or renhavat action, as dellned In Environmental Law; and (d) an 'EmArorunental Condition' means a condition that wart cause, contribute bo, or Otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presenoe, use, dlspeeai. storage, or release of any Hazardous Substances. or threaten to release any Hazardous &fanoes, on or in Ina Property. Borrower shall not do, nor allow anyone else to do. a Akv affectrg the Property (a) Qat is in violation of any Environmental Law, (b) which exealae an Environmental CormMo n; or (e) which, due to tha presernce. use, or rele®se d s Hazwdous Subataroe, a condition Qat adm y aifarfa fie valued theProperty. The preceding ton sentences strep nal apply to Rte presence, use. a stxaga on Qts Property of small quadtlies of Hazardous Substances that we gwwMy nxx)gniaed to tee appropriate to name] residential uses and to mairttenahoe Of the Property (Including, but not limitad to, hazardous substances in cons ruler products). Bon+ower shell pool, On Lender written notice oF. (a) any hvwIigatlon, claim, dernand, lawsuit or other anion by any govertrmental or regulatory agency or private party Involving ft Prey (Mo d sn 20090804000962.007 and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (b) any Envirorunantal Condition, including but not llmited to, any spilling, leaking, discharge, release or throat of release of any Hazardous Substance; and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower foam, or 19 notified by any govemmentat or regulatory authority, or any private party, that any removal or other remedi lion of any Hazardous Subslarhoe affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. 18. Acceleration; Ramedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreemsnl In the Agreement under wNC h acceleration is permltted (but not prior to acceleration under Section 13 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the defautt; (c) a data, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the data SPKMed In the notice may result In acceleration of the sums secw+ed by this Security Insbvmsnt and sale of the Property at public auction at a data not fess than 120 days in the future. The notice shall further Inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non-existance of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be Included In the notice by Applicable Law. If the default Is not cured on or before the date specified In the notice. Lender at its option, may require lm miediate payment in full of all sums secured by this Security Insbument without further demand and may Invoko the power of sale endfor any other remedies permitted by Applicable Law. Lender shall be entted to caped all expenses Incurred In pursuing the remedies provided In this Section 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence; If Lender Invokes the power of sale, Lender shail give written notice to Trustee of the occurrence of an event of default and of Lander's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shalt give such notices to Borrower and to other persons as Applicable Law may require. After the time requbnd by Applicable Law and after pubbcatkm of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the limo and place and under the terms designated In the notice of sale In one or more parcels and In any order Trustee determines. Trustee may postpone sate of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed In the notice of gala. Lender or Its designee may purchase the Property all any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The rectals In the Trusbre's dead shall be prima facie evidence of the truth of the staternimls made therelm Trustee shall apply the proceeds of the sale in the following order. (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to It or to the cleric of the superior court of the county len which the sale took plan. i7. Reconveyance. Upon payment of all sums secured by this Seauhty Instrument and termination of Borrower's ability to obtain further advances under the AgneernerN, Lender shd request Trustee to reconvay the Property and shall surrender this Security Instrument and the A Vement evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to 1. Such person or parsons shall pay any recordation costs and the Trustee's fee for preparing the reconveyanoe. 18. Substitute Trustee. In acoordance'with Applicable Law, Lender, may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without corn yance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 18. Use of Property. The Property is not used principally for agricultural purposes. 20. Attornays' Fees. Lender shalt be entitled to recover its reasonable apomeys fees and oasts in any action or proceeding to construe or amerce any term of this security Instrument. The term "attorneys' tees,' whenever used In this Security Instrument, shall Inctude without tlmdtation attorneys' fees Incurred by Lender In any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR OR/LL COMMITMENTS TO'LOAN MONEY, D(TEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHDWTON LAW. (MW T d ay 20090604000962.001 BY SIGNING BELOW, Borrower aompts and mese to the terns and acrertrnts oordalned in this Somitty InstnrrmL Wllnasaea: APA -0 / I/OL- (Seal) Owner of Collmeral (ad= dry &mv*a) cwmvtKquw v -Borrower y, &Aia (Seal) Owner of Col iew (other ftn Borsoaaj Lem V hlnpen Borra+vcr (Seal) Owner orcallotaw (adrat m Bwmwa) -lamm er (Sed) Owner of C411MeW (odret dwr amomr) -Borrower (PWedel 20090804000962.009 STATE OF WASHINGTON, �/� County ss: On this 71A h9 , before me the undersigned, a Notary Public in and for the State of Washington, duty commissioned and sworn, personally appeared 6&5 'C R4uj of �,q /4ujm to me known to be the Indivldual(s) described In and who executed the foregoing Instrument, and e6aov ledged to me that signed and sealed the said Instrument asgG�,free and voluntary ad and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal affixed the day and year In this certificate above written. My Commission expires: 0 �- ! 4 -/0 C)t��yOYAgY ,�'t`L v, : i) PUBt.1G 2 10,1 .Notary F fie in and for the Srta of Washington residing at: REQUEST FOR RECONVEYANCE To Trustee: The undersigned is the holder of the Agreement secured by this Deed of Trust. Said Agreement, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said Agreement and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Is Go~ OM Twe Businm 6ygmn, Uma. 5997.2008. N RWft RMoKvld. ores M WA(WT) oras term) (MR 9 of 9) After Recording Return To: BANK OF AMERICA, N.A. CA6-914-01-42 DOC PROCESSING P.O,Box 10423 Van Nuys, CA 91410-0423 20090831001701 CHZCRGo TITLE DT 69.60 PACE -801 OF 067 KTNG1/1COUNT20"Y15Y Assessor's Panel or Account Number; 032305-9199-07 Abbreviated Legal Description: T) N tiK Sc t- 3 r� 1-3 1� �2 5C (tnrludn tot, block and plat or action, township and mneal Full legal description located on page 2 Truslec, LS TITLE OF WASHINGTON (Oven Above Thh Uas For Rworftl bEtAl 20090831001701.001 WA5619324674703 1286507 00021163748908009 Icase 11 [Escrow/cloning C IDoc ID 11 FHA Case No. State of Washington DEED OF TRUST WA5619324674703 MIN 1000255-0000247686-7 THIS DEED OF TRUST ("Security Instrument") Is madeon AUGUST 27, 2009 The Graruor is JONATHAN N SCOFIELD, A SINGLE PERSON ("narrower"). The trustea is LS TITLE OF WASHINGTON 2707 COLBY AVE, STE. 1118, EVERETT, WA 98201 (`D-ustx"). The beneficiary is Mortgage Electronic Registration Syatrms, Inc. ("Nffi23"), (solely as nominee for Lender, as hereinafter defined, and Lenders successors and assigns). MSRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2025, Flint, MI 49501-2026, tel. (888) 679 -MFRS, BANK OF AMERICA, N.A. � ("Lender") is organized and existing under the laws of THE UNITED STATES and has an address of 101 South Tryon Street, Charlotte, NC 28255 Borrowor owes Lender the principal sum of THREE HUNDRED TWENTY FOUR THOUSAND TWENTY TWO and 00/100 Dollars (U.S. S 324, 022.00 ). This debt h evidenced by Borrower's note dated the same date as this Security Instrument ("Note'), which provides for monthly payments, with the full deb4 if not paid oarlior, due and payable on SEPTEMBER 01, 2039 . Wa Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Nate; (b) the payment of all other sums, with interest, advanced under paragraph 7 to prated the security of this Security Instrument; and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Rorro%w irrevocably grants and conveys to the Trustee, in trust, with FKA WashingWn Dead of Trust wfth MER6.41t16 MEFtS FHA Dead at Trust -WA 2004N -WA 01107)(A Popo 1 of 7 Amandad 7106 �2 1 8 3 V4I12 0 01 4 N0 20090831001701.002 CASE b: WA5619324674703 DOC ID 1: 00021163748908009 power of sale, the following described property located in KING County, Washington; THE WEST 05 FEET OF THE NORTH 190 FEET OF THEAST 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN RING COUNTY, WASHINGTON; TOGETHER WITH A NON-EXCLUSIVE ESEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE NORTH 15 FEET FO THE EAST 285 FEET OF THE SOUTHEAST QUARTER OF WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. TO INCLUDE THE 1998 HOMETTE CORPORATION, AMBER COVE, 6791-02SOL, HUD TAGS ORE368860, ORE368861 i ORE368862, WHICH ARE ATTACHED AND MADE PART OF THE REAL PROPERTY AND BY WHICH BY INTENTION OF THE PARTIES SHALL CONSTITUTE A PART OF THE REALITY AND SHALL PASS WITH IT. Parcel ID Number: 032305-9199-07 which has the address of 14701 SE 100TH ST, RENTON [suecu�tvJ Washington 98059-3750 ("Property Address"): Mp Codel TOORTHBR WITH all the improvements now or hereafter crated on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrurnent. All of the foregoing is referod to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument; but, If necessary to comply with law or custom, MHRS, (as nominee for Lender and Lender's successeus and assigns), has the right: to exercise any or all of thaw interests, Including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or OW011114 this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECORTIT INSTRUMEI+TI' combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of,, and interest on, the debt evidenced by the Note and late charges due under the Note. 2, Mon" Payment of Taxes, fnsnranee end Other ChvVm Borrower shall include in each monthly payment, together with the principal and interest as at fortis in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance requited under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to Cho Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either. (i) a sun for the annual mortgage insurance premium to be paid by Lender to rho Secretary, or (ii) a monthly charge instead of a mortgage insurance promium if this Security Inaturnent is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are coifed "Escrow Items" and the suras paid to Lender aro called "Escrow JPunds," Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed tho maximum amount that may be required for Borrowers escrow account under the, Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("]i-ESPA"), except that the cushion or reserve permitted by RESPA far unanticipated disbursements or disbursements beforo the Borrower's payments am available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Ea ow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Panda aro pledged as additional security for all sums secured by this Security Instrrnent. if Borrower tenders to Lender ft full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment item (a), (b), and (c) and any mortgage insurance premium installment that Leader has not become Obligated to pay to the Secretary, and Fender shall promptly refund any excess funds to Borrower. Immediately prior to a foreckware sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all Installments for items (a), (b), and (c). MEMS FHA Deed of Trust -WA 2004N -WA (1 V07) Pape 2&7 20090831001701.003 CASE #: WA5619324674703 DOC ID #: 00021163748908009 3. Application of Payments. All payments under paragraphs l and 2 shall be applied by Lander as follows: get, to the mortgage insurance premium to be paid by Under to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; aeon to any taxes, special assessments, leasehold payments or ground rents, and tire, flood and other hazard imsurancepremium-, as required; jl d to Interest due under the Nate; Fmulh to amortization of the principal of the Note; and P fjh, to Into charges duo under the Now ,. Fiore, Fbod and Other Hazard Iufuranea Borrower shall insure all improvements on the Property, whether now in existence or subsequently rracted, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also Insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extant required by the Secretary. All insurance shall be carried with companies approved by L.ender. The insurance policies and any renewals shall be held by Lender and shall Include loss payable clauses in favor of, and in a form acceptable to, lewder. In the event of loss, Borrower shall give Lander immediate notice by mail. Lander may snake proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, Instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Nate and this Security Lnstrumans, first to any delinquent amounts applied in the order In paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the duo date of the, monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding Indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. in the event of foreclosure of this Security Instrument or other transfer of tide to the Property that extinguishes the indebtedness, all right, title and Interest of Borrower in and to insurance policies in farce shall pass to the purchaser. S. Occupancy, Preservation, Malateaauee and Protection of the Property; Borrower's [,can Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrowe's principal residence for at least one year after the date of occupancy, unless Londer determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which aro beyond Borrowers control. Borrowar shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Leader may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or Inaccurate information or statements to Larder (err failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument is on a leaschold, Borrower shall comply with the provisions of the lease. If Borrower acquires foo title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. . 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for c mveyance in place of condemnation, nue bereby assigned and shall be paid to Lender to the extent of the Rill amount of the indebtedness that retrains unpaid under the Note and this Security Instrument, Lender shall apply such proceeds W the reduction of the indebtedness under the Now and this Security Instrument, first to any delinquent amounts applied In the order provided in paragraph 3, and than to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due data of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness render the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Pratection of Lender's Rights In the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed rho payment. If failure to pay would adversely affect Lender's interest in the Property, upon Undoes request Borrower shall promptly furnish to LaMar receipts evidencing these payments. If Borrower fails to make these payment or the payments required by paragraph 2, or falls to perform any other covenants and agreements contained In this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding In bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever Is necessary to protect the value of the Property and Undoes, rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall became an additional debt of Borrower and be secured by this Seourity Instrument. These amotmts shall bear Interest from the date of disbursement, at the Note rate, and at tlhe option of Lender, shall be immediately due and payable. MFRS FHA Deed of Tnnt-WA 20041+WA (1 W) Piga 3 of 7 20090631001701.004 CASE #: WA5619324674703 DOC ID #: 00021163748908009 Borrower shall promptly discharge any lien wblch has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lander; (b) contests in good faith the Ii an by, err defends against enforcement of the Bert in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; cur (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Inntnunent, If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Rees. Lender may collect fees and charges authorized by the Secretary; 9. Grounds for Acceleration of Debt (a) Defautt fender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrttmenr if (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or 01) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Clam -St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701]-3(d)) W with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument If: (1) All or part of the Property, or a benefwW 'interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and ' (il) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does io occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (e) No Waiver, if circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments. Lender docs not waive its rights with respect to subsequent events. (d) Regulations of IIUD Secretary. In many circumstances regulations issued by -the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (o) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note arc not determined to be eligible for insurance under the National Rousing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hcmcf, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Leaders failure to remit a mortgage insurance premium to the Secretary. to. Reinstatement Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are Instituted. To reinstate the Security Instrument, Borrower shall tender in a hump sum all amounts required to bring Barrowefs account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding, Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lander bas accepted reinstatement after the commencement of foreclosure pro==ngs within two years immediately preceding the commencement of a current foreclosure proceeding, (it) reinstatement will preclude foreclosure on different grounds in the future, or (rpt) reinstatement will adversely affect the priority of the lien created by this Security Inatrumcm 11. Borrower Not Released; Forbearance By Gander Not a Waiver. Extension of the time of payment or modification of amortisation of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in Interest or refuse to extend time for payment, or otherwise modify amortization of the sums scanted by this Security Instrument by reason of any demand mado by the original Borrower or Borruwer's successors in lnterest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or precludc the exercise of any right or remedy. 12. Select sirs and Assigns Bound; dalnt and Sevend LWbillty; Co-9lgnaro. Tito covenants and agreements of this Security k4trament shall bind and benefit the successors and assigns of Leader and Borrower, subject to the providans of paragraph 9(b). Borrower's covenants and agreements shall be join and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instmment only to mortgage, grant and convey that Borrower's interest In the Property under the terns of this security Instrument; (b) is not personally obligated to pay rite sums secured by this Security Imstru meat; and (c) agreea that Lender and any other Borrower may agree to extend, modify, forbear or make any accormoodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. MV%S FHA Deed of Trust -WA 2004N -WA (11M7) Paso 4 of 7 20090831001701.005 CASE #: WA561932404703 DOC ID #t 00021163748908009 13. Natices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first clans mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice in Borrower. Any notice provided for in this Security Instrument shatl be deemed to have been given to Borrower or Lender when given u provided In this paragraph. 14. Governing Law; Severability. This Security Instrument shat) be governed by Federal law and the law of the Jurisdiction in which the Properly is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrurnent or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances, Borrower shall not cause Or permit the preaonoe, use, disposal, storage, or release of any hazardous Substaneca,tm or in the Property. Borrower shall not do, nor allow anyone also to do, anything affecting the Property that Is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or awtagc on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lander written notice of any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by M governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is nocersary, Borrower shall promptly take all necessary remedial actions in accordance with 13nviromuental Law. As used In this paragraph 16, "Hazardous Substances" arc those substances dofined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toric petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph lei, "Environmental Law" means federal laws and laws of the Jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rants. To the extent permliled by applicable law, Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the tents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice. to Borrower of Borrower's breach of any eoveeant or agreement In the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security anly. If Leader gives notice of breach to Borrower: (a) all rcats received by Borrower shall be hold by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Leader shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents duo and unpaid to Lender or Lender'a agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property bcf= or after giving notice of breach to Borrower. However, Lender Of a Judicially appointed receiver may do oro at any time there is a breach. Any application of rents shall not care or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminato when the debt secured by the Securiry Instrument is paid in 611. 18. Foreclosure Procedure, If Lender requires immediate payment to MB under paragraph 9. Lender may Invoke the power of gals and any other remedles permitted by applicable law. Lender sbaB be entitled to collect all expenses Incurred In pursuing the remedies provided In this paragraph 18, tadndlug, but not limited to, reasonable attorneys' fees and costs of title evidence, If Lender invokes the power of sale, Lender shall gtva written notice to Trustee of the occurrence of an event of default and of Lender's election to taupe the Property to be sold. Trustee and Lender shall take such actino regarding notice of sale and shall give such notices to Borrower and to other persons as - applicable lave may require After the thao required by applicable law and atter publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public suMion to the highest bidder at the time and place sod under the terms dated in the notice of sale In one or more parcels Rad In any order Trustee determines. Trustee may postpone rale of the Property for a period or periods pormittod by eppIlcable law by public announcement at the time and place fled In the notice of sale. Lender or its designee may purchase tie Property at any ala Trust" shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, cttproned or Implied. Tho reeltals In the Trustee's deed shall be prima fade evidence of the truth of the statements made therein, Trustee shall apply the proceeds of the sale In the following order. (a) to all opeam of the sale, Including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all suau secured by this Secerity Instrument; and (t) any exam to the person or penom legally entitled to It or to the clerk of the superior court of the county in which the sale took place. MFRS FHA DOW ofTnnt•WA 2004N -WA (11107) Page 5 017 20090831001701.006 CASE t: WA5619324674703 DOC ID 1: 00021163748908009 If the Lender's Interest in this Security Instrument Is held by the Secretary and the Secretary requires Immediate payment In full under paragraph 9, the Secretary may invoke the nonjudidal power of sale provided In the Single Family Mortgage Foreclosure Act of 1994 ("Act's (12 U.9.C. 3751 el seg.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided In the Act. Nothing In the preceding sentence shalt. deprive the Secretary of any rights otherwhe available to a Lender under the paragraph 18 or applicable law. 19. Reconveyance. Upon payment of all gums secured by this Security Instrument, Leader shall request Trustee to reconvey the Property and shall summder this Security Instrument and all notes evidencing: debt secured by this Security Instr nznt to Tnrstee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay eay recordation costs. 20. Substitute Trustee. In accordance with applicable law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Use of Property. The Property is not used principally for agricultural or farming purposes. 22. Men to this Security Inafrmment. If one or mom rides are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(cs)]. ❑ Condominium Rider Growing Equity Rider ❑ Planned Unit Development Rider Graduated Payment Rider ❑ Other [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. (Seal) JONATHAN N. SCOFIELD –Borrower ____ (Seal) –Borrower _(Seal) –Bomwer — (Seal) –Btumww MERE FNA Dead of Trull -WA 20041Y -WA (11107) Pegs a of 7 20090831001701.007 CASE 4; WA5619324674703 DOC ID 4: 00021163748408004 STA'T'E OF WAMENGTON ss: County of K1 o On this day personally appeared before ma A rL AL1 • t 0 ILLo to me known to be the irtd ual(s) described in and who executed the withi d foregoing instrumonl, and that he/sh acknowledged s: ed tha same, as his/herefree and va act and deed, for the uses B �gn e and purpose therein mentio ed. CiIVEA1 ttndu my hand and official seal this _ day o —.00/ Notary Pu in and for the State of Washington, residing at VA q, ��E My Appaintmt it Expires on OS Aky. p 0 r ¢ Z r yy AU e6l-" � :1 to rO F7 M EAS FHA Dood at Trust -WA 2004N -WA (11!07} Popo 7 of 7 20090831001702.001 WHEN RECORDED RETURN T0: SANK OF AMERICA PO BOX 10423 VAN NUYS, CA 91410 0423 20090831001702 H"C!GO TITLE PA 87.00 4)8/31/2009Fi8;0] KING COUNTY, UA CHICAGO TITLE INSURANCE COMPANY DOCUMENT TXTLE(s) .. _ 1 MANUFACTURED HOME LIMITED POWER OF ATTY Order Number: 001286507 3 CT 3 � 4 REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED: M Additional reference numbers on page of document GRANTORS 1 BANK OF AMERICA 2 3 © Additional names on page of document GRANTEE (s) s 1 JONATHAN N SCOFIELD 2 3 1=1 Additional names on page of document ABBREVIATED 14&0 I,_ AE_SCRiPTIONs Lot-Unft: Block: Volume: Page: Section: 3 Township: 23 Range: 5 Portion: SW 1/4 NE 1/4 Flat Name: ® Complete legal description is on page of document ASSESSOR'S PROPERTY TAX PARCEL, ACCOUNT NUMBER(S): 032305919907 Additional Tax Accounts are on page of document Note: This cover sheet is prepared to conform to the requirements of Chapter 143, Laws of 1996. Nothing on this sheet alters the names, legal description or other Information in the attached document, The only purpose of this cover sheet is to assist the auditor in indexing the document In conformance with statute. The Recorder will rely on the Information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing Information provided herein. - -- r — , , MANUFACTURED HOME LIMITED POWER OF ATTORNEY WA5619324674703 (Case lli 211637489 (Loan #1 20o90831001702.00'd The undersigned borrower(s), whether one or more, each referred to below as "1" or "me," residing at _ 15i�d1 leo lh 9t _ _ , T Rcnteh - -- - Street Address City 96055.�. ..,.- �i111L4-- - - -- �. . .,("Present Address"). State Zip County Buyer/Owner of the following manufactured home, 11!BeA 190 Rome -de c0 b A New/Used Year Manufacturer's Name Model Name/Model No. Manufacturer's Serial No. Length/Width permanently affixed to the real property located at 14701 SE 100TH ST RENTON, WA 98059-3750 [Property Address] and as more particularly described on Exhibit A attached hereto (the "Real Property"), does hereby Irrevocably make, constitute, appoint and authorize with full powers of substitution, BANK OF AMERICA, N.A. Manufactured Home Limited Power of Attorney 1 E226 -XX (1 Q/Q8)(d/1) Page 1 of 4 2 9 9 9 1` ` 2 1 1 e 3 7 4 8 9 0 0 0 0 0 1 E 2 2 e 20090831001702.00° CASE i:: wA5619324674703 JOAN ii; 217.637489 ("Lender"), its successors, assigns or designees as my agent and attorney -in -Pact, in my name, place and stead in any way which I could do, if I were personally present, with full power of substitution and delegation, (1) to complete, execute and deliver, in my name or Lender's name, any and all foams, certificates, assignments, designations or other documentation as may be necessary or proper to carry out the terms and provisions of the Security Instrument executed by the undersigned in favor of Lender, (2) to complete, execute and deliver, in my name or in Under's name; any and all forms, certificates, assignments, designations or other documentation as may be necessary or proper to make application for and obtain the Certificate of Title for the manufactured home designated above, and to have Lender, or its designee, designated as lienholder on the Certificate of Tide for the manufactured home, (3) to complete, execute and deliver in my name or Lender's name, any and all forms, certificates, assignments, designations or other documentation as may be necessary or proper to have the manufactured home treated as real estate for any and all purposes under state law, including but not limited to the surrender of any Certificate of Title, any election to treat the manufactured borne as real estate for tax purposes or to meet any other requirements in order for the loanlfinancing secured by the manufactured home and real estate described in Exhibit A to be eligible for sale to the Pederal National Mortgage Association ("Fannie Mae"), the Federal Home Loan Mortgage Association ("Freddie Mac") or any other secondary market purchaser, (4) to receive, complete, execute or endorse, and deliver in my name or Lender's name any and all claim forms, agreements, assignments, releases, checks, drafts or other instruments and vehicles for the payment of money, relating to any insurance covering the manufactured home, the indebtedness secured by the manufactured home or the Real Property, and (5) to complete, sign and file, without my signature, such financing and continuation statemem, amendments, and supplements thereto, mortgages, deeds of trust and other documents which may from time to time be deemed necessary to perfect, preserve and protect Lender's security interest in the Real Property, the manufactured home, and any other property sold with it. I acknowledge that at the time this Power of Attorney and my Security Instrument and any of the forms, certificates, assignments, designations or other documentation are prepared the serial number for the manufactured housing unit may not be available. The manufactured housing unit may be a factory order in the process of being constructed. Immediately, upon receipt of the serial number, I understand and agree that the above items may be completed and corrected to properly disclose all the applicable home identifications, including the serial number. I understand that I will be provided with a copy of any corrected document. Manufactured Home Limited Power of Attorney 1 E226 -XX (10108) Page 2 of 4 20090831001i'2.004 CASE ii: WAS619324674703 LOAN #s 211637489 To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy or facsimile of this instrument may act hereunder, and I for myself and for my heirs, oxeeutors, legal representatives and assigns, hereby agree to indemnify and hold harmlesq any such third party from and against any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument. I have given this Power of Attorney in connection with a loan/financing to be given by Lander and to induce Lender to make the financing available. It is coupled with an interest in the transaction and is irrevocable. This Power of Attorney shall not be affected by my subsequent incapacity, disability, or incompetence, i do further grant unto said Attorney -in -Fact full authority and power to do and perform any and all acts necessary or incident to the execution of the powers herein expressly granted, as fully as I might or could do if personally present. WITNEU my hand and seal thin day of , �rrr9 orrower JONATHO N. SCOFIELD Witness Printed Namo itncss lj&iower Witness Piintedamu Witness Manvfaotured Home Limited Power of Altorney 1 E226 -XX (10/08) Page 3 of 4 CASE #; WAS619324674703 STAT& OF � flVib n COUNTY OF 1,6116- ) S(,� � ,moi cf � State, do hereby certify that 20090831001702.00': LOAN #: 211631489 a Notary Public of the aforesaid County and i U.0 personally appeared before me this day and acknowle ge the due execution of the foregoing instrument. WITNESS myVando stain m seal, this day of al Seal) NOTARY PUBLIC, St4to of My Commission Expires: /Pa l l ;Z .a . •' o auary;�` q��rr+rlQrLC tip Manufactured Home Limited Power of Attorney 1 x.226 -XX (10108) Page 4 of 4 20090831001702.00E CHICAGO TITLE INSLY ANCE COMPANY EXR-MIT A Escrow No.: 1286507 LEGAL DESCRIPTION The land referred to Lc situated In the State of Washington, County Of KING , and is described as follow&: THE WEST 85 FEET OF THE NORTH 190 FEET OF THE EAST 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN ICING COUNTY, WASHINGTON; TOGETHER WITH A NON—EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE NORTH 15 FEET OF THE EAST 285 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING, COUNTY, WASHINGTON. ®cLaawLs/nan/aeon 20090831001703.001 WHEN RECORDED RETURN TO: BANK OF AMERICA PO BOX 10423 VAN NUYS, CA 91410 0423 20090831001703 CHICAGO TITLE OFF 67.00 PAGE -001 OF 006 KING COUNTY, WA OCHICAGO TITLE INSURANCE COMPANY DOCUMENT T TLE(0) 1 AFFIXATION AFFIDAVIT MANUFACTURED ROME Order Number: 001286507 2�V ! `� 3 4 REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED: I= Additional reference numbers on page of document GRANTOR (a 1 BANK OF AMERICA 2 3 I= Additional names on page of document GRANTEE(S): 1 JONATHAN N SCOFIELD 2 3 CI Additional names on page of document ABARRVjAT$D LXQAL VESCRXPTX0N1 Lot -Unit: Block: Volume: Page: Section. 3 Township: 23 Range: 5 Portion: SW 1/4 NE 1/4 Plat Name: GM Complete legal description is on page of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S)a 032305919907 Additional Tax Accounts are on page of document Note: This cover sheat is prepared to conform to the requirements of Chapter 143, Laws of 1996. Nothing on this sheet alters the names, legal description or other information In the attached document. The only purpose of this cover sheet is to assist the auditor in Indexing the document in conformance with statute. The Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the Indexing information provided herein. cover/2-5-97, 20090831001703,002 Return To-, BANK OF AMERICA, N.A. CA6-914-01-42 DOC PROCESSING P.O.Box 10423 Van Nuys, CA 9141.0-0423 PARCEL ID #: Prepared By: AFFIXATION AFFIDAVIT MANUFACTURED HOME WA5619324674703 [Case #] THE STATE OF�VbNAhh COUNTY OF YIDQ Secti n: Lot: Block: Unit: Manufactured Home Affixation Affidavit 1 E227 -XX (03107).03(d!I) III I • 2 3 9 0 1 00021163748908009 [Doc ID #] Page I of 4 11 111 1111111111111111 1 20090831001703.003 CASE #: WA5619324674703 Doc ID #: 00021163748908009 BEFORE ME, the undersigned authority, on this day personally appeared Jonathan N. SCOFIELD ("Borrower"), known to me to be, the person(s) whose name(s) is/are subscribed below, and who, being by me first duly sworn, did each on his or her oath state as follows: I. The manufactured home located on the following described property located 14701 SE 100TH ST, RENTON, WA 98059-3750 in KING County, ("Property Address") is permanently affixed to .a foundation, is made a part of the land and will assume the characteristics of site -built housing. 2, The manufactured home is described as follows: D5e.� _ ome thr90 }ibrJ tCA - New/Used Manufacturer's Name Manufacturer's Name and Model No, 6141-OZ56 L — 56•x5 X 7. Z Attach Legal Description Manufacturer's Serial No, Length/Width 3. The wheels, axles, towbar or hitch were removed when the manufactured home was placed and anchored on its permanent foundation, and the manufactured home was constructed in accordance with applicable state and local building codes and manufacturer's specifications in a manner sufficient to validate any applicable manufacturer's warranty. 4. All foundations, both perimeter and piers, for the manufactured home have footings that are located below the frost line and the foundation system for the manufactured home was designed by an engineer to meet the soil conditions of the Property Address. S. If piers are used for the manufactured home, they have been provided. 6. If state law so requires, anchors for the manufactured home have been provided. 7. The foundation system of the manufactured home meets .applicable state installation requirements and all permits required by governmental authorities have been obtained. 8. The manufactured home is permanently connected to appropriate residential utilities such as electricity, water, sewer and natural gas. 9. The financing transaction is intended to create a first lien in favor of Lender. No other lien or financing affects the manufactured home, other than those disclosed in writing to Lender. 10. The manufactured home was built in compliance with the federal Manufactured Home Construction and Safety Standards Act. 11, The undersigned acknowledge his or her intent that the manufactured home will be an immovable fixture, a permanent improvement to the land and a part of the real property securing the Security Instrument. 12. The manufactured home will be assessed and taxed by the applicable taxing jurisdiction as real estate. Manufactured Home Afflxatlon Affidavit 1 E227 -XX j03107).03 Page 2 of 4 20090831001703.004 CASE #: WA5619324674703 DOC TD #: 00021163748908009 13. The borrower ih the owner of the land and any conveyance or financing of the manufactured home and the land shall be a single real estate transaction under applicable state law. Borrower(s) eertifies that .Borrowor(s) is in recoipt of (a) the manufacturer's recommended carpet maintenance program (if required by Lender), (b) any manufacturer's warranties that are still in effect and cover the heating/cooling systems, water heater, range, etc., and (c) the formaldehyde health notice. This affidavit is being executed pursuant to applicable state law. Witness Witness. Slate of,,, County of Subscribe by me on the an basis JONATHAN N. SCOFIELD 5923 114TH PL SE, BE;LLEVUE, WA 98006 a 5- i $V ♦V �c f� i �1 I`-cO- I /`l+grrgrB OF ower Date: Borrower Hate Borrower Qato . � Bnriowcr 13ata efore me on this Nay of I, personally know the or proved to to be the person(&) who ap ed before mc. Notary Public (Aoknowledgmonl on Following Pagol Manufactured Home Affixatlon Affidavit IE227-XX (03107),03 Page.3 of 4 20090831001703.005 CASE #: WA5619324674703 DOC ID 0: 00021.63748908009 LENDER ACKNOWLEDGMENT Lender's Stateatent of Intcutt The undersigned bender intends that the manufactured home be an Immovable fixture and a permanent improvement to the land. LENT) , : By: S tato of State of $ County of kII�Cb (city or town),$ This instrument was acknowledged before me on _ s -7_h0,5 [date], by [name of agent], slkl [title of agent] of [name of entity acknowledging], a Wc:, W r'L -RMKj&d 6 [state and type of entity], on behalf of -aj,44K W .I► p1PL&ar Ott [name of entity acknowledging]. ��N�tgltlttt "1 Manulaoluradt�;V a Affixatlon Affldavlt 1 E227•XX (03107).09 My commission expires: Page 4 of 4 2009003100170s.cn;; CHICAGO TITLE INSURANCE COMPANY EYJnBI C A Escrow No.: 1286507 LEGAL DESCRIPTION The land referred to is situated in the State of Washington, County of KING , and is described as follows: THE WEST 85 FEET OF THE NORTH 194 FEET OF THE EAST 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE NORTH 15 FEET OP THE EAST 285 FEET OF THE SOU'T'HEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. ~••• BXLRE3ALR/FtDA/6574 20090831001702.001 WHE� RECORDED RETURN TO: BANK OF AMERICA PO BOX 10423 VAN NUYS, CA 91410 0423 1001702 67.00 QCHICAGO TITi.E INSURANCE COMPANY IDQCt=NT TITLE (s ) 1 MANUFACTURED HOME LIMITED POWER OF ATTY Order Number: 001286507 2 s (' 4 � REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED: - C1 Additional reference numbers on page of document GRANTOR(s): 1 BANK OF AMERICA a 3 © Additional names on page of document GPUMME ( 5 ) I _ 1 JONATHAN N SCOFIELD 2 3 0 Additional names on page of document ABBREVIATED _LF,.iGAL _12ESCRIPTION: Lot -Unit: Block: Volume: Page: Section: 3 Township: 23 Range: 5 Portion: SW 1/4 NE 1/4 Plat Name: t�3 Complete legal description is on page of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): 032305919907 Additional Tax Accounts are on page of document Note: This cover sheet is prepared to conform to the requirements of Chapter 143, Laws of 1996. Nothing on this sheet alters the names, -legal description or other Information in the attached document. The only purpose of this cover sheet Is to assist the auditor in indexing the document in conformance with statute. The Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the Indexing information provided herein. ebver/2-s-97/rIm MANUFACTURED HOME LIMITED POWER OF ATTORNEY WA5619324674703 [Case #1 211637489 [Loan #1 20090831001702.= The undersigned borrower(s), whether one or more, each referred to below as "I" or "me," residing at 53r , _ RCftt:6l1 � ... Street Address ^City QBD5q -- KihQ . ("Present Address"). State Zip County Buyer/Owner of the following manufactured home: CoEvor—ahoh New/Used Year Manufacturer's Name —AMkC WE -006 L Model Narne/Model No. Manufacturer'A'Serial No. Length/Width permanently affixed to the real property located at 14701 SE 100TH ST RENTON, WA 980593750 [Property Address] and as more particularly described on Exhibit A attached hereto (the "heal Property"), does hereby irrevocably make, constitute, appoint and authorize with full powers of substitution, BANK OF AMERICA, N.A. Manufactured Home limited Power of Attorney 1 E226 -XX (1 0/08)(d/1) Page 1 of 4 ' 2 8 8 9 1 2 1 1 6 3 7 4 8 9 0 0 0 0 0 1 E 2 2 6' 20090831001702,00,1 CASE #: WA5619324674703 TOAN 11: 211637489 ("Lender"), its successors, assigns or designees as my agent and attorney-in-fact, in my name, place and stead in any way which 1 could do, if I were personally present, with full power of substitution and delegation, (1) to complete, execute and deliver, in my name or Lender's name, any and all forms, certificates, assignments, designations or other documentation as may be necessary or proper to carry out the terms and provisions of the Security -In strument executed by the undersigned in favor of Lender, (2) to complete, execute and deliver, in my name or in Lender's name; any and all forms, certificates, assignments, designations or other documentation as may be necessary or proper to make application for and obtain the Certificate of Tide for the manufactured home designated above, and to have Lender, or its designee, designated as lienholder on the Certificate of Tide for the manufactured home, (3) to complete, execute and deliver in my name or Lender's name, any and all forms, certificates, assignments, designations or other documentation as may be necessary or proper to have the manufactured home treated as real estate for any and all purposes under state law, including but not limited to the surrender of any Certificate of Title, any election to treat the manufactured home as real estate for tax purposes or to meet any other requirements in order for the loan/financing secured by the manufactured home and real estate described in Exhibit A to be eligible for sale to the Federal National Mortgage Association ("Fannie Mae"), the Federal Home Loan Mortgage Association ("Freddie Mac") or any other secondary market purchaser, (4) to receive, complete, execute or endorse, and deliver in my name or Lender's name any and all claim forms, agreements, assignments, releases, checks, drafts or other, instruments and vehicles for the payment of money, relating to any insurance covering the manufactured home, the indebtedness secured by the manufactured home or the Real Property, and (5) to complete, sign and file, without my signature, such financing and continuation statements, amendments, and supplements thereto, mortgages, deeds of trust and other documents which may from time to time be deemed necessary to perfect, preserve and protect Lendefs security interest in the Real Property, the manufactured home, and any other property sold with it.1 acknowledge that at the time this Power of Attorney and my Security Instrument and any of the forms, ccrtificato% assignments, designations or other documentation are prepared the serial number for the manufactured housing unit may not be available. The manufactured housing unit may be a factory order in the process of being constructed. Immediately, upon receipt of the serial number, I understand and agree that the above items may be completed and corrected to properly disclose all the applicable home identifications, including the serial number. I understand that I will be provided with a copy of any corrected document. Manufactured Home Limited Power of Attorney 1 E226 -XX (10108) Page 2 of 4 20090831001702.004 CASE $: W'AB619324674703 LOAN its 211637409 To induce any third party to act hereunder, I hereby agree that any third party receiving it duly executed copy or facsimile of this instrument may act hereunder, and I for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument. I have given this Power of Attorney in connection with a loantfinancing to be given by Lender and to induce Lender to make the financing available. It is coupled with an interest in the transaction and is irrevocable. This Power of Attorney shall not be affected by my subsequent incapacity, disability, or incompetence. I do further grant unto said Attorney -in -Fact full authority and power to do and perform any and all acts necessary or incident to the execution of the powers herein expressly granted, as fully as I might or could do if personally present. WITNESS my hand and seal this day of C , g prrowcr JONATHM N. Wiftnug ntcd Nama Witness 9orrower Witness Minted Name Witness Manufaotured Home LiMited Rower of Attorney 1 EU6-XX (10/08) Page 3 of 4 SASE #: WA5619324674703 STAB OF 05w (xh n COUNTY ole )Li n (s )ss, State. do hereby certify that II before me this day and acknowle ge "the due execution of the 20090831001702.00f LOAN #3 21/63709 a Notary Public of the aforesaid County and 5 1) personally appeared WITNESS my h nd and ofr stamp or seal, this day of al Seal) NOTARY PUBLIC, State of IIIr1lift, r�,�� .•� �,„„ �I/. My Commission Wires:— _ �J rg�oti X1s�R+ll+ �/ V` I r Manufactured Nome limited Power of Attorney 1 E226 -XX (10/08) Page 4 of 4 20090831001702.00G CHICAG0 TITLE INSURANCE COMPANY EXt-[IBIT A Escrow No.: 1285507 LEGAL DESCRIPTION The land referred to is situated in the State of Washington, County of KING , and is described as follows: THE WEST 85 FEET OF THE NORTH 190 FEET OF THE EAST 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE S EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE NORTH 15 FEET OP THE EAST 285 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KUNG COUNTY, WASHINGTON. MCLHOALa/RDAJOSO 20090831001703.001 WHEN RECORDED RETURN TO: BANK OF AMERICA p0 BOX 10423 VAN NUYS, CA 9141.0 0423 20090831001703 CHICAGO TITLE OFF 67.00 PAGE -001 OF 005 00/31/2009 15:01 KING COUNTY, UA QCHICAGO TITfrE INSURANCE COMPANY DO Ct NT TITLE(S) - -- -- 1 AFFIXATION AFFIDAVIT MANUFACTURED HOME Order Number.- 0012$6507 y 2 CFO _'l 3 4 REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED: t= Additional reference numbers on page of document GRANTOR(s 1 BANK OF AMERICA 2 3 M Additional names on page of document GRANTEE (s) : 1 JONATHAN N SCOFIELD 2 3 0 Additional names on page of document ABBR33VIATRD LEGAL DESC TPT ONs Lot-Urnit: Block: Volume: Page: Section: 3 Township: 23 Range: 5 Portion: SW 1./4 NE 1/4 Plat Name: 9:3 Complete legal description is on page of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): 032305919907 Additional Tax Accounts are on page of document Note: This cover sheet is prepared to conform to the requirements of Chapter 143, Laws of 1996. Nothing on this sheet alters the names, legal description or other Information In the attached document. The only purpose of this cover sheet is to assist the auditor in indexing the: document In conformance with statute. The Recorder will rely on the Information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. cover/2-5-97, 20090831001703.002 Return To: HANK OF AMERICA, N.A. CAG -91.4-01-42 DOC PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 PARCEL ID #: Prepared 9y: AFFIXATION AFFIDAVIT MANUFACTURED HOME WA5619324674703 00021163748908009 [Case #] [Doc ID #1 THE STATE OF _1i�. W)61 tQh _ COUNTY OF Secti n: Lot: Block: Unit: Manufactured Home Affixation Affidavit 1E227 -XX (03107),03(d/1) Page 1 of 4 20090831001703.003 CASE #: WA5619324674703 DOC ID 0: 00021163'148908009 BEFORE ME, the undersigned authority, on this day personally appeared Jonathan N. SCOFIELD ("Borrower"), known to me to be the person(s) whose name(s) is/are subscribed below, and who, being by me first duly sworn, did each on his or her oath state as follows, 1. The manufactured home located on the following described property located 14701. SE 100TH ST, RENTON, WA 98059.3750 in KING County, ("Property Address") is permanently affixed to a foundation, is made a part of the land and will assume the characteristics of site -built housing. 2, The manufactured home is described as follows: Amir- Uit- New/Used Manufacturer's Name Manufacturer's Name and Madel No, _56 25 x 31.75 Attach Legal Description Manufacturer's Serial No. LengthlWidth 3. The wheels, axles, towbar or hitch were removed when the manufactured home was placed and anchored on its permanent foundation, and the manufactured home was constructed in accordance with applicable state and local building codes and manufacturer's specifications in a manner sufficient to validate any applicable manufacturer's warranty, 4, All foundations, both perimeter and piers, for the manufactured home have footings that are Iocated below the frost Itne and the foundation system for the manufactured home was designed by an engineer to meet the soil conditions of the Property Address. S. If piers are used for the manufactured home, they have been provided. 6. If state law so requires, anchors for the manufactured home have been provided, 7. The foundation system of the manufactured home meets applicable state installation requirements and all permits required by governmental authorities have been obtained. 8. The manufactured home is permanently connected to appropriate residential utilities such as electricity, water, sewer and natural gas. 9. The financing transaction is intended to create a first lion in favor of Lender. No other lien or financing affects the manufactured home, other than those disclosed in writing to Lender. 10.. The manufactured home was built in compliance with the federal Manufactured Home Construction and Safety Standards Act. 11, The undersigned acknowledge his or her intent that the manufactured home will be an immovable fixture, a permanent improvement to the land and a part of the real property securing the Security Instrument. 12, The manufactured home will be assessed and taxed by the applicable taxing jurisdiction as real estate. Manufactured Home Afflxatlon Affidavit IE227•XX (03147),09 Page 2 of 4 20090831001703.004 CASE #: WA5619324674703 IOC ID 4: 00021163748908009 13. The borrower is the owner of the land and any conveyance or financing of the manufactured home and the land shall be a single real estate transaction under applicable state law. Borrower(s) uertiflos that Borrower(s) is in receipt of (a) tho manufacturer's recommended carpet maintenance program (if required by Lender), (b) any manufaeturer'a warranties that are still in effect and cover the heating/cooling systems, water heater, range, etc., and (c) the formaldehyde health notice. This affidavit is being executed pursuant to applicable state law. Witness Witness a0NATHAN N. SCOFIELD err wor 5923 114TH PL SE, 13ELLEVUE, WA 98006 Date Borrower Date .Borrower Date . Borrower Date Stats: of County of,,,�,�, 1 Subscribed and sworn 4d '}Nr]} d) beMro me on this rAav or by t + A personally knowpero me or proved to me on the basis ofd-Rp; _ frmy,Jrr,idetrbe to be the person(s) who ap ,ed before me. vl�y�oSAkr z Z 'y P 50 V 10 0 WON [Aeknowledomont on Following Page] Manufactured Homo Affixation Affidavit 1E227•XX (03107),03 Page 3 of 4 Notary Public 20090831001703.005 CASE #: WA561.9324674703 DOC TD #« 00021163748908009 LENDER ACKNOWLEDGMENT Lender's Statement of intent: The undersigned Lender intends that the manufactured home be an immovablo fixture and a permanent improvement to the land. LIENPER.. R: By: Its: Stato of State of $ County of C (city or town), This instrument was acknowledged before me on-7_6� [date], by [name of agent], [title of agent] of [namo of entity acknowledging], a9L_Aw�rft [state and type of entity], on behalf of ?Ali Y__dr- •P rj?4Ck ,OA, [name of entity acknowledging]. `a R 11r' 4 (Scal)a �F � at _1 r } �.•3. 11; 011 '41111 11ASt\`i Manufaaturecl��f�►�e Afflxallon Affidavit 1.E227 -XX (03107).09 My commission expires: Page 4of4 20090831001703.006 CHICAGO TITLE INSURANCE COMPANY EXIUBIT A Escrow No.: 1285507 LEGAL DESCRIPTION The land referred toss situated in the State of Washington, County of KING , Lind is described as follows: THE WEST 85 FEET OF THE NORTH 190 FEET OF THE EAST 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE NORTH 15 FEET OF THE EAST 285 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. OXL@OAl.S%RM/4gP3 .northpoint escrow + title Northpoint Escrow and Title, LLC 570 Kirkland Way, Suite 100, Kirkland, WA 98033 Phone: (425) 638-1177 Fax: (425) 468-91.25 ' Order No.: 30045843 3111 To: Jahn L. Scott Date: 11/02/2010 Steve Beck Customer No.: 4735 NE 4th Street Your Ref. No.: Renton, WA 98059 Seller: Buyer: Transaction Type: Guarantee - Other (42) Phone: (425) 444-0461 . Rep: NONE ..Fax: Title Officer: Title Officer Property Address: Renton, WA 98059 Various Parcels Code Description Amount 487 SUBDIVISION GUARANTEE $10,000.00 $1,350.00 825 Sales Tax $0.00 $128.25 TIN: 260522240 invoicee.rpt Total Invoice Amount Payment of this invoice is due upon receipt. Please reference our title order number when paying or corresponding. $1,478.25 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF'THIS GUARANTEE Except to the extent that specific assurances 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 agalrist 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 matlers excluded under (1) or (2) are shown by to retards of the taxing authority or by the public records. (c) (1) Unpalented mining claims; (2) reservations or exceptions In patents or in Ada authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shorn by the public records. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assume& no liability for loss or damage by reason of the following: (a) Defects, gens, encumbrances, adverse dalms or other matters affecting the dile to any property beyond the lines of the land expressly described In the description sat forth in Schedule (A), (C) at in Part 2 of this Guarantee, or We to streets, roads, avenues, lanae, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or Improvements, or arty 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•judldal proceeding which is within the scope and purpose of the assurances provided. (t) 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 i. 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 constitute real property. The term 'land' does not Include any property beyond the lines of the ares 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, tares, ways or waterways. (c) "mortgage': mortgage, deed of trust, trust dead. or other security Instrument. (d) "public records': records established under state statutes at Data of Guarantee for the purpose of Imparting constructive notice of matters relating 10 real property to purchasers for value and without knowledge. (e) 'date': the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall nodty the Company promptly In writing In case knowledge shell come to an Assured hereunder of any claim of title or Interest which is adverse to the tide to the estate or Interest, as aided heraln, end which might cause loss or damage for which the Company miry be ttable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shad terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to nottfy, the Company shall in no case prejudice The rights of any Assured under this Guarantee uniess 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 In 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 Clairmont to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shag have the right, at Its sofa 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 tide 10 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 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 shell 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 iia choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable few 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 adian which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as pemdtled by the provisions of this Guarantee, the Company may pursue any 111gadon to final determlnatlon by a court of competent jurisdiction and expressly reserves the right, in Its sole discretion, W appeal from an adverse Judgment or order. (d) in all cases where this Guarantee pemnite the Company to prosemts or provide for the defense of any action or proceeding, an Assured shag secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals Ihorein, 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, socuring evidence, obtalning witnesses, prosecuting or defending the action or lawful act which In the opinion CLIA Guarantee Conditions and Stiputations (Revised 12/15/95) of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the Ilan 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 terminale. 5. Proof of Loss or Damage. In addition to and after the nofltos required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and swam to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shag ascertain the fads giving One 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 slate, to the extent possible, the has€s of calculating the amount of the loss or damage. If the Company is prejudiced try the failure of the Assured to provide the required proof of lose or damage, the Company's obligation to such assured under the Guarantee shad 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 retards, books, ledgers. checks, correspondence and memoranda, whether bearing a data 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 consdendal by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unions, in the reasonable judgment of the Company, It is necessary In the adn'dnlstration of the claim. Failure of the Assured to submit for examdnaton 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 prohiblled by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Opilons to Pay or Otherwise Settle Claims: Termination of Llabllity, In case .of a claim under this Guarantee, the Company shall have the fallowing 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 We Guarantee Is issued for the benefit of a holder of a mortgage or a denhdder, the Company shall have the option to purchase the indebtedness secured by said mortgage or sold lien for the amount owing tharoon, together with any wets, 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 shah 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 shag transfer and assign said indebtedness, together with any collateral security, [a 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 dalmed loss or damage, other than to make the payment required In [hat paragraph, shall tomdnals, Including arty obligation to continue the defense or prosecufion of any litigation for which the Company has exercised Its options under Paragraph 4, and the Guarantee shall 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 calm assured against under this Guarantee, together with any costs, attorneys' foes and expenses Incurred by the Assured claimant which were authorized by the Comparry 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 continua the defense or prosemfion of any litigation for which the Company has exercised Its options under Paragraph 4. 7, Determination and Extant 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 on Assured mortgagee, as limited or provided under Section 6 of these Condifione and Stipulations or as reduced under Section 9 of these Conditions and Stip iatons, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the dlHerance 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 against by [his Guarantee. It. Limitation of Liability. (a) If the Company establishes the fite, or removes the alleged defect, Dan of encumbrance, or cures any other matter assured against by this Guarantee in a feaionably diligent manner by any method, Including lifigation and the completion of any appeals therefrom, it shell have fully performed its obligations with rasped to that matter and shall not be liable for any less or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (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 boon a Final dalarmination by a court of con"tant jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated heroin. (c) The Company shall not be liable for lass or damage to any Assured for liability voluntarily assumed by the Assured In aeltling any dalm or suit without the prior written consent of the Company. 0. Raducllon of Liability or Termination of Liability. All payments under tNe Guarantee. except payments made for mats, attomeys' fees and expenses pursuant to Paragraph 4 shag reduce the amount of liat>tiity pro tanto. 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 shell be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely lined In accordance with these Conditions and Stipulations, the loss or damage shall be payable within Thirty (30) days thereafter. 11. Subrogation llprin Payment or Settlement, Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shag vest in the Company unaffected by any art of the Assured claimant. The Company shall be eubrogeted to and be entitled to all rights and remedies which the Assured would have had against any person or property In rasped to the claim had this Guarantee not been issued. If requested by the Company, the Assured shag transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subregatlon. This Assured shall permit the Company to sue, compromise or settle in the name of 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 losa 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 Titin 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 $1,00D,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 11,000,000 shag be arbitrated only when agreed to by both the Company and the Assured. The Rules in affect at Data of Guarantee shalt be binding upon the parties. The award may Include attomays' tees 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 Arbitrator(s) may be entered In any court having Jurisdiction thereof. The law of the ellus of the land shag apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Lability Limited to This Guaranis@; Guarantee Entire Contract. (e) This Guarantee together with all endorsements, 0 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 Guaranies 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 Sant. AS notices required to be given the Company and any statement In writing required to be furnished the Company shag include the number of this Guarantee and shall be addressed to: Fidelity National Title Insurance Company, ATTN: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) 0 Fidelity National 'little fnxuronrr Company City Of Renton Planning Division APR 2 9 "11112 John L. Scott EC EOVED 4735 NE 4th Street Renton, WA 98059 REFERENCE NO: / Order No.: 30045843 Policy No.: WA0037-82-30045843-2010.82021-82015944 Liability: Charge: Tax: Total: SUBDIVISION GUARANTEE $10,000.00 $1,350.00 $ 128.25 $1,478.25 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Fidelity National Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: October 27, 2010 Northpoint Escrow and Title, LLC as agent for Fidelity National Title Company Lynn M. Riedel Fidelity National 7777�[tiee Insurr�ancce Company ` ry `1 V' ] SEAL 1tt�fT Authorized Signature Subdivision Guarantee Page 1 of 18 FNFGNTSD I 1. 2. 9 Order No.: 30045843 SCHEDULE A Name of Assured: John L. Scott Date of Guarantee: October 27, 2010 The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: David T. Orange and Kerry Ann Orange, husband and wife as to PARCELS A and C, Newfourth LLC, a Washington Limited Liability Company as to PARCELS B, I and L, Tung Q: Ma and Huong Thi Luu, husband and wife as to PARCEL D, Jonathan N. Scofield, as his separate estate as to PARCEL E, William E. Horne and Mary A. Horne, as Trustees of the Horne Living Trust, dated March 19, 1997 as to PARCELS F and G, Matthew Fellabaum and Betsy Fellabaum, husband and wife as to PARCEL H, Paul F. Mackay, Jr. and Tammy Lynn Mackay, husband and wife as to PARCEL J, and Gene R. Haugen and Leesa V. Coutts, each as their separate estate as to PARCEL K C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1'T HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059004 YEAR BILLED PAID BALANCE 2010 $1,371.39 $1,371.39 0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $116,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS: PARCEL A Subdivision Guarantee FNFGNTSD Page 2 of 18 I Order No30045843 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (15T HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059106 YEAR BILLED PAID BALANCE 2010 $1,440.71 $1,440.71 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $121,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCEL B 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.; 0323059193 YEAR BILLED PAID BALANCE 2010 $3,168.65 $3,168.65 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $111,000.00 ASSESSED VALUE IMPROVEMENTS: $141,000.00 AFFECTS PARCEL C 4. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1S7 HALF DELINQUENT ON MAY 1; 2N° HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059194 YEAR BILLED PAID BALANCE 2010 $ 246.44 $246.44 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $20,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCEL D 5. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. AFFECTS: PARCEL D Subdivision Guarantee GNT004 Page 3 of 18 Order No30045843 6. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059199 YEAR BILLED PAID BALANCE 2010 $3,184.32 $3,184.32 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $116,000.00 ASSESSED VALUE IMPROVEMENTS: $146,000.00 AFFECTS PARCEL 7. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (15T HALF DELINQUENT ON MAY 1, 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059219 YEAR BILLED PAID BALANCE 2010 $5,530.60 $5,530.60 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $159,000.00 ASSESSED VALUE IMPROVEMENTS: $292,000.00 AFFECTS PARCEL F 8. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (15T HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059221 YEAR BILLED PAID BALANCE 2010 $1,886.01 $1,886.01 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $159,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCEL G 9. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059224 YEAR BILLED PAID BALANCE 2010 $3,650.42 $3,650.42 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $104,000.00 ASSESSED VALUE IMPROVEMENTS: $191,000.00 AFFECTS PARCEL H Subdivision Guarantee Page 4 of 18 GNT004 OrderNo30045843 10. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (15T HALF DELINQUENT ON MAY 1; 2Nq HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059233 YEAR BILLED PAID BALANCE 2010 $1,875.59 $1,875.59 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $159,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCELI 11. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2"D HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059257 YEAR BILLED PAID BALANCE 2010 $6,241.81 $6,241.81 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $104,000.00 ASSESSED VALUE IMPROVEMENTS: $406,000.00 AFFECTS PARCEL] 12. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (15T HALF DELINQUENT ON MAY 1; 2"° HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059258 YEAR BILLED PAID BALANCE 2010 $1,965.62 $1,965.62 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $107,000.00 ASSESSED VALUE IMPROVEMENTS: $51,000.00 AFFECTS PARCEL K 13. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1'7 HALF DELINQUENT ON MAY 1; 2"" HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: . 0323059322 YEAR BILLED PAID BALANCE 2010 $1,430.14 $1,430.14 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $121,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCEL Subdivision Guarantee Page 5 of 18 GNT004 OrderNo30045843 14, RESERVATIONS CONTAINED IN DEED FROM THE NORTHERN PACIFIC RAILROAD COMPANY, RECORDED UNDER RECORDING NO. 193931, AS FOLLOWS: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR MINING OPERATIONS, AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. 15. RESERVATIONS CONTAINED IN DEED FROM THE NORTHERN PACIFIC RAILROAD COMPANY, RECORDED UNDER RECORDING NO, 343305, AS FOLLOWS: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR MINING OPERATIONS, AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. 16. RESERVATIONS CONTAINED IN DEED FROM THE NORTHERN PACIFIC RAILROAD COMPANY, UNDER RECORDING NO. 343309, AS FOLLOWS: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR MINING OPERATIONS, AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: POSTAL TELEGRAPH -CABLE COMPANY OF WASHINGTON PURPOSE: COMMUNICATION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 13, 1930 RECORDING NO.: 2586933 18, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: POSTAL TELEGRAPH -CABLE COMPANY OF WASHINGTON PURPOSE: COMMUNICATION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED; FEBRUARY 13, 1930 RECORDING NO.: 2586934 19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO. Subdivision Guarantee GNT004 POSTAL TELEGRAPH -CABLE COMPANY OF WASHINGTON COMMUNICATION SYSTEM A PORTION OF SAID PREMISES FEBRUARY 13, 1930 2586935 Page 6 of 18 OrderNo30045843 20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC POWER UNE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 28, 1930 RECORDING NO.: 2607789 21. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: POSTAL TELEGRAPH -CABLE COMPANY OF WASHINGTON PURPOSE: COMMUNICATION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 13, 1930 RECORDING NO.: 2611302 22. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 12, 1957 RECORDING NO.: 4805359 ABOVE INSTRUMENT WAS RE-RECORDED UNDER AUDITOR'S FILE NO. 8611140440. AFFECTS: PARCEL I AND L 23. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 25, 1957 RECORDING NO.: 4809190 AND AMENDMENTS THEREOF: RECORDED: FEBRUARY 20, 1959 RECORDING NUMBER: 5000030 AND AMENDMENTS THEREOF: RECORDED: MAY 31, 1961 RECORDING NUMBER: 5289450 AND AMENDMENTS THEREOF: RECORDED: MARCH 18, 1975 RECORDING NUMBER: 7503180352 AFFECTS: PARCELS I AND L 24. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 90 PURPOSE: WATER MAIN AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 29, 1960 RECORDING NO.: 5186622 Subdivision Guarantee Page 7 of 18 GNT004 25 26, 27. 28 29 30 Order No30045843 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 90 PURPOSE: WATER MAIN AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 29, 1960 RECORDING NO.: 5186623 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MARCH 17, 1967 RECORDING NO.: 6151206 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 29, 1969 RECORDING NO.: 6570487 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 29, 1969 RECORDING NO.: 6570488 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: INGRESS AND EGRESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 29, 1976 RECORDING NO.: 7610290096 AFFECTS: PARCEL F SAID EASEMENT CONTAINS A COVENANT TO BEAR EQUAL SHARE OF COST OF CONSTRUCTION, MAINTENANCE OR REPAIR OF SAME, ALL COVENANTS, CONDITIONS, RESTRICTIONS, DEDICATIONS, AGREEMENTS AND NOTES AS CONTAINED IN UNRECORDED SHORT PLAT NO. 7992. 31. ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY KING COUNTY LOT LINE ADJUSTMENT NO. 8811012 RECORDED UNDER RECORDING NO. 8901270305. Subdivision Guarantee Page 8 of 18 GNT004 OrderNo30045843 THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND, AFFECTS: PARCEL H AND K 32, ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9009210864. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. AFFECTS: PARCEL A, B, C, D, E, I AND L 33. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY WATER DISTRICT NO. 90 PURPOSE: WATER MAINS AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 25, 1995 RECORDING NO.: 9507250454 AFFECTS: PARCELS B AND I AND OTHER PROPERTY 34. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY WATER DISTRICT NO. 90 PURPOSE: WATER MAINS AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 25, 1995 RECORDING NO.: 9507250456 AFFECTS: PARCEL E AND OTHER PROPERTY 35. ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, R€LIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF STONEGATE. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 36. SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: AFFECTS: JULY 15, 2003 20030715001585 PARCEL K Subdivision Guarantee Page 9 of 18 GNT004 OrderNo30045843 44. CITY OF RENTON ORDINANCE NO. 5456 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 19, 2009 RECORDING NO.: 20090519000816 REGARDING: ANNEXATION AFFECTS: ALL PARCELS 45. NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: ]UNE 5, 2009 RECORDING NO.: 20090605000601 AFFECTS: PARCEL H 46. SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 31, 2009 RECORDING NO.: 20090831001699 AFFECTS: PARCEL E 47. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GENE R. HAUGEN AND LEESA V. HAUGEN TRUSTEE: FIRST AMERICAN TITLE COMPANY BENEFICIARY: CITIMORTGAGE, INC. ORIGINAL AMOUNT: $51,709.00 DATED: SEPTEMBER 23, 2003 RECORDED: DECEMBER 9, 2003 RECORDING NO.: 20031209003568 AFFECTS: PARCEL K 48, DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: PAUL F, MACKAY AND TAMMY L. MACKAY, HUSBAND AND WIFE TRUSTEE: OLD REPUBLIC TITLE, LTD. BENEFICIARY: MERS AS NOMINEE FOR HOMESTONE MORTGAGE, INC. ORIGINAL AMOUNT: $640,000.00 DATED: NOVEMBER 10, 2005 RECORDED: NOVEMBER 18, 2005 RECORDING NO.: 20051118002625 AFFECTS: PARCEL] Subdivision Guarantee Page it of 18 GNT004 OrderNo30045843 49. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GARY THRAMER AND COLLEEN THRAMER, HUSBAND AND WIFE TRUSTEE: DANIEL D. PECK AND PATRICIA R. PECK BENEFICIARY; TRUSTEE SERVICES, INC. ORIGINAL AMOUNT: $180,000.00 DATED: MAY 3, 2006 RECORDED: MAY 31, 2006 RECORDING NO.: 20060531000485 AFFECTS; PARCEL B NOTE: WE FIND NO RELEASE OF RECORD OF THE ABOVE REFERENCED DEED OF TRUST. 50. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MATTHEW FELLABAUM AND BETSY FELLABAUM, HUSBAND AND WIFE TRUSTEE: NORTHWEST TRUSTEE SERVICES LLC BENEFICIARY: WELLS FARGO BANK, N.A. ORIGINAL AMOUNT: $330,687.00 DATED: JUNE 16, 2009 RECORDED: JUNE 18, 2009 RECORDING NO.: 20090616000953 AFFECTS: PARCEL H 51. DEED OF TRUST SECURING A LINE OF CREDIT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GENE R. HAUGEN AND LEESA V. HAUGEN, HUSBAND AND WIFE TRUSTEE: REGIONAL TRUSTEE SERVICES CORPORATION BENEFICIARY: BOEING EMPLOYEES' CREDIT UNION ORIGINAL AMOUNT: $72,750.00 DATED: JULY 28, 2009 RECORDED: AUGUST 4, 2009 RECORDING NO.: 20090804000962 AFFECTS: PARCEL K INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER/AGENCY/INDIVIDUAL. NOTE: CAUTION SHOULD BE EXERCISED TO ENSURE THAT A RECONVEYANCE WILL BE OBTAINED. Subdivision Guarantee Page 12 of 18 GNT004 OrderNo30045843 52. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: JONATHAN N. SCOFIELD, A SINGLE PERSON TRUSTEE: LS TITLE OF WASHINGTON BENEFICIARY: MFRS AS NOMINEE FOR BANK OF AMERICA, N.A. ORIGINAL AMOUNT: $324,022.00 DATED: AUGUST 27, 2009 RECORDED: AUGUST 31, 2009 RECORDING NO.: 20090831001701 AFFECTS: PARCEL MANUFACTURED HOME LIMITED POWER OF ATTORNEY RECORDED UNDER RECORDING NO. 20090831001702. MANUFACTURED HOME AFFIXATION AFFIDAVIT RECORDED UNDER RECORDING NO, 20090831001703. Subdivision Guarantee Page 13 of 18 GNT004 OrderNo30045843 NOTE 1: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A SINGLE FAMILY RESIDENCE KNOWN AS: VARIOUS PARCELS RENTON, WA 98059 NOTE 2: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U,S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: NORTHPOINT ESCROW AND TITLE, LLC 155 NE 100TH STREET SUITE 200 SEATTLE, WA 98125 ATTN: RECORDING DEPT. RRS Subdivision Guarantee Page 14 of 18 GNT004 Order No.: 30045843 EXHIBIT "A" PARCEL A: THE WEST 85 FEET OF THE EAST 285 FEET OF THE NORTH 190 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT ALL COAL AND MINERAL RIGHTS; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THAT PORTION OF GOVERNMENT LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE WEST ALONG THE NORTH LINE THEREOF 370 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 259.07 FEET; THENCE SOUTH 01025'22" WEST 190 FEET; THENCE EASTERLY TO A POINT 370 FEET WESTERLY OF THE EASTERLY MARGIN OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 01°25'22' EAST 190 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS KING COUNTY LEGAL LOT STATUS NO. L06M0043 DATED JUNE 29, 2006.) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THAT PORTION OF GOVERNMENT LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING 30 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 01025'22" WEST 100 FEET; THENCE SOUTH 89057'14" WEST 170.05 FEET; THENCE NORTH 01°25'22" EAST 106 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE SOUTH 88001'27" EAST 170 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERAL RIGHTS; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL D: THAT PORTION OF GOVERNMENT LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88001'27" WEST ALONG THE NORTH LINE THEREOF 30.00 FEET; THENCE SOUTH 01025'22" WEST, ALONG THE WESTERLY MARGIN OF 148TH AVENUE SOUTHEAST AND PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION, 100.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 69057'14" WEST 170.05 FEET; THENCE SOUTH 01025'22" WEST 84.00 FEET; THENCE SOUTH 88°01'27" EAST 170,00 FEET TO SAID WESTERLY MARGIN OF 148;" AVENUE SOUTHEAST; Order No.: 30045843 EXHIBIT "A" (continued) THENCE NORTH 01025'22" EAST ALONG SAID MARGIN 90.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL E: THE WEST 85 FEET OF THE NORTH 190 FEET OF THE EAST 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE NORTH 15 FEET OF THE EAST 285 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT ALL COAL AND MINERAL RIGHTS; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL F: THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 30 FEET; THENCE NORTH 88001'27" WEST 170.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88001'27" WEST 136.97 FEET; THENCE NORTH 01025'22" EAST 314 FEET; THENCE SOUTH 88001'27" EAST 140.52 FEET; THENCE SOUTH 02004'15" EAST 313.99 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL G: THAT PORTION OF GOVERNMENT LOT.1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 30 FEET; THENCE NORTH 88001'27" WEST 307.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88001'27" WEST 147.51 FEET; THENCE NORTH 01025'22" EAST 262.33 FEET; THENCE NORTH 65000'00" EAST 113.89 FEET; THENCE SOUTH 88°01'27" EAST 45.51 FEET; THENCE SOUTH 01025'22" EAST 314 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 88001'27" WEST 30 FEET AND NORTH 01025'22" EAST 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 109 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01°25'22" EAST 96 FEET; Order No.: 30045843 EXHIBIT "A" (continued) THENCE NORTH 88001'27" WEST 138.20 FEET; THENCE SOUTH 02004'15" WEST 96 FEET; THENCE SOUTH 88001'27" EAST TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL B OF KING COUNTY LOT LINE ADJUSTMENT NO. 8811012 RECORDED UNDER AUDITOR'S FILE NO, 8901270305.) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL I: THAT PORTION OF GOVERNMENT LOT i IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M,, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 190 FEET ALONG THE EAST LINE OF SAID SECTION; THENCE NORTH 87°26'08" WEST 204 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87026'08" WEST 325 FEET; THENCE SOUTH 01025'22" WEST 231.66 FEET; THENCE SOUTH 87026'08" EAST 175.035 FEET; THENCE NORTH 01025'22" EAST 66.56 FEET; THENCE SOUTH 87026'08" EAST 150 FEET; THENCE NORTH TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL J: THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 88001'27" WEST 30 FEET AND NORTH 01025'22" EAST 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 205.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01025'22" EAST 109.00 FEET; THENCE NORTH 88001'27" WEST 136.97 FEET; THENCE SOUTH 02004'15" WEST 109.00 FEET; THENCE SOUTH 88001'27" EAST 138.20 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL A OF UNRECORDED KING COUNTY SHORT PIAT NO. 07992 AS APPROVED JULY 20, 1970.) SITUATE IN THE COUNT( OF KING, STATE OF WASHINGTON. PARCEL K: THAT PORTION OF GOVERNMENT LOT I IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 88001'27" WEST 30 FEET AND NORTH 01025'22" EAST 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 109.00 FEET; THENCE NORTH 88001'27" WEST 139.67 FEET; THENCE SOUTH 02004'15" WEST 109.00 FEET; THENCE SOUTH 88001'27" EAST 140.52 FEET TO THE POINT OF BEGINNING; Order No.: 30045843 EXHIBIT "A" (continued) (ALSO KNOWN AS PARCEL C OF KING COUNTY LOT LINE ADJUSTMENT NO. 8811012, RECORDED UNDER AUDITOR'S FILE NO. 8901270305.) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL L: THAT PORTION OF GOVERNMENT LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT the NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 190 FEET; THENCE DUE WEST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 174 FEET; THENCE SOUTH 01025'22" WEST 171.56 FEET; THENCE SOUTH 87026'08" EAST 174 FEET; THENCE NORTH 171.56 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specillc aa@urances are provided in Schedule A of this Guarantee, the Company assumed no llabllhy for loss or damage by reason of the fatlowing: (a) Defects, liens, encumbrances, adverse claims or other matters against the dtie, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that le,ries taxes or sasaesmenta 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 at by the public records, (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Arts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1). (2) or 0) are mown by the public records. Notwrlthstand(ng any Specific assurances which are pravld*d In Schedule A of this Guarantee, the Company assumes no liability far loss or damage by reason of the following; (a) Defects. liens, encumbrances, adverse dams or other matters affecting the title to any property beyond the lines of the land expressly described in the description eel forth in Schadule (A), (C) or in Pan 2 o1 Itis Guarantee, or titia to streets, roads, avenues, lanes, ways or waterways to which such land abuts or the right to maintain thersin vaults, tunnals, ramps or any slruclunt or Improvements, or any rights or easements therein, unless such properly, rights or easements are expressly and specillcally sat forth in said daacrtption (b) Defects. liens, encumbrances, adverse claims or athor matters, whether or not shown by the public records', (t) which are created, suffered, assumed or agteed to by and or more of the Assureds; (2) which result in no loss to the Assured; or (3) whiten do not result in the invalidity or potential invalidity of any Julian$ or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any parry shown or referred to in Schedule A, (d) The validity, legal offset or priority o1 any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS Dsflnitlon of Terms. The following forms when used in the Guarantee mean: (a) the "Assured': the parry or parass named as the Assured In thia Guarantee, or on it supplemental writing executed by the Company, (b) lend": the land dosenbed or refarred to in Schedule (A), (C) or in Pan 2, and Improvements afflxed thereto which by law constitute real property. The term land" does not Include any property beyond the linea of the area described or referred to in Schedule (A), (C) or in PM 2. nor any right, lle, Interest, delete or easement in abutting streets, roads, avenues, alleys, lanes. ways or waterways. (c) "mongage": mortgage, deed of trust, trust deed. or other security instrument, (d) "pudic recorde: records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchaters for value and without knowledge. (e) 'date": the effective date. 2. Notice of Claim to be Given by Assured ChaimaM. An Assured shall notdy the Company promptly in writing In casa knowledge nhaa come to an Assured hereunder of any claim of titre or interest which is adverse tome title to the @state or Interest, as Stated herein, and which might cause lose or damage for which the Company may be liable by virtue of this Guarantee. if prompt notice Snail not be given to the Company, then all liability of the Company shall terninate with regard to the matter or matters for which prompt notice in required; provided, however, that failure to noirfy the Company small in no case prejudice the rights of any Assured under this Guarantee unleee the Company shag be prejudiced by the fa4ure and then Only to the extent of the prejudice. No Duty to Defend or Prosecute, The Company shall have no duty to delend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. Company's option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company Ads no duty to defend or prosecute an set hath in Paragraph 3 above: (a) The Company shall have the right, at its tole option and cast. 10 institute and prosecute any action or proceeding, interpose a defense, as limited in (b), of to do any other all which in its opinion may be necessary or desirable to establish the title to the estate at 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 any appropriate action under the terms at 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 exanciso its rights under this paragraph, It shag do so diligently. (b) If the Company elects to exercise Its options as stated in Paragraph 4(o) the Company shag 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 win the Company pay any fees, coots or expenses Incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantea. (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 Mai daterminaten by a court Of competent jurisdiction and expressly reserves the right, in its sole discretion. te appeaf from an adverse judgment or ardor, (d) In at Games where this Guarantee permits the Company to prosecute or provide for the defense of any anon or proceeding, an Assured shell secure to the Company the right to so prosecute or provide for the defense at any action cur proceeding, and all appeals therein, and poraii the Company to use, at its Option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured at Ina Company's expense, Shall give the Company all reasonable aid in any action or proceeding, securing avidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLIA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary at desirable to establish the lite to find eatate or interest as stated herein, or to establish the gen rights of the Assured. 0 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. Proof of Lose or Damage. In addition to and attar 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 face giving rise to the lass or damage. The proof of Iona or damage shag describe the matters covered by No Guarantee which constitute the basis of loss of damage and shall slate, 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 loss or damage, the Company$ obligation to such assured under the Guarantee snail terminate, In addition, the Assured may reasonably be required to submit to examination under oath by any authorized represantatve of the Company and shall produce for examination, inspection and copying, at such reasonable times and pieces as may be designated by any authorized representative of the Company, all records, books, lodgers. checks, correspondence and memarands. whether beanng a data Were of after Date of Guarantee, which reasonably pertain to the lass or damage. Further, if requested by any euthonzea representative of the Company, the Assured shag grant us permission, in writing, for any authorized representative of the Company to examine, Inspect and COPY 29 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 aonfldenlal 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 Me Assured to submit tot examination under oath, produce other reasonably requested informationorgrant panniaeion to Swire reasonably necessary information from third parties as required in the above paragraph, unless profibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. a. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company Snail have the following additional option$: (a) To Pay or Tender Payment of the Amount of Liatrtlity or to Purchase fine Indebtedness. The Company shall have the cption to pay or settle or compromise for or In the name of Via Assured any claim winch could result in 1033 to the Assured within the coverage of this Guarantee. or to pay the full amount of this Guarantee or, if this Guarantee Is issued for the benefit of a holder of a mortgage or a flenholder, the Company shall 'have the opdan 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 Assumed 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 an 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 o1 the purchase pica. Upon the exercise by the Company 01 the opbOn 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, incuding any Motion to continue the defense or prosecution of any litigation for which the Company has exereisea its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Sattle With Pardee Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the memo of an Assured claimant any claim assured against under this Guarantee, together with any costa, attorneys' fees and expenses incurred by the Aaaurod claimant which were authorised by the Company up to Ina lime 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 Companys Obligation to the Assured under this Guarantee for the darned team or damage, other than to retake the payment required in that paragraph shall terminate, including any Obligation to continue the defense or prosacution at any litigation for which the Company has exafaieed Its options under Paragraph 4, 7. Odarmination 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 deachbod, and subject to the Exclusions From Coverage of This Guarantee. The liability at the Company under that Guarantee to the Assured shall not exceed the least of; (a) the amount of liability stated in Schedule A cur in Pen 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mongagee, as limited or provided under Section B of mete Conditions and Stipulations or as reduced under Section g of theme Conditions 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 vahue of the estate or interest suoject to any defect, Ilan or encumbrance assured against by this Guarantee. a. Limitation of Liability. (a) If the Company aalabkshes the had, or removes the alleged defect, hon or encumbrance, or turas any other matter assured against by tris Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it snail have fully performed its obligations with respect to that matter and Shan not be liable for any loan or damage caused thereby, CONDITIONS AND STIPULATIONS CONTINUED (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 unfit there has been a Final darermination by a court of competent juhedtcton, and disposition of all appeals therefrom, adverse to the title, as stated herein. 1c) The Company shall not be liable for loss or damage to any Assured for liability votuntanly assumed by the Assured in settling any claim or Buil without the prior wnmen consent of the Company, 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for caste, attomeya' fees and expenses pursuant to Paragraph 4 shall reduce line amount of liability pro tanto, 10. Payment of Loss. (a) No payment shall be made without producing this Guarantao for endorsement of the payment unless the Guarantee has boon lost or destroyed. In which case proof of loss or destruction shall be fumished to the satisfaction of the Company, (b) When lieWity and the extent of lana or damage has boon definitely fixed in accordance with these Conditions and Stipulations, the lase or damage shat be payable within thirty (30) days lherealler, 11. Subrogation Upon Payment or Settlement Whenever the Company shall have salted and paid a claim under "a Guarantee, ad right of subrogation shall wool in the Company unalfecmd by any act of the Assured claimant. The Company shall be subrogated W and be entitled io 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. 11 requested by the Company, the Assured snag transfer to the Company all rights and remedies against any person or property necoasary m order to perfect this rigor of subrogation. The Assured shall permit the Company to sue, compromise or sate in the name of the Assured and to use the name of the Assured in any tranaaction or litigation involving these rights or remedies. II a payment on account of a claim does not fully cover the Was 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 coats 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 01 or totaling to this Guarantee, any service of the Company in connection with its issuance or the breach of e Guarantee provision or other obligation. All arbitrable maters when the Amount of Liability is $1.000,000 or less shag be arbitrated at the option of either the Company or the Assured. All arbitrable maters when the amount of liability is in excess of $1,060.000 shag be arbitrated orgy when agreed W by both the Company and the Assured. The Rules in effect at pato of Guarantee shag be binding upon the parties, The award may Include attorneys' fees orgy if the laws of the state in which the land in located permits a coun to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any court having junadicdon thereof, The taw of the situs of the land shall apply W an arbitration under the The Insurance Arbibation Rules. A copy of the RUIee may be obtained from the Company upon request. 13. Liability Limited to Thio Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entre Guarantee and contract between the Assured and the Company, In interprating any provision of tNa Guarantee, the Guarantee shall be construed as a whole: (b) Any claim of lass or damage, whether or not based an negligence, or any action asserting such claim, small be restricted to this Guarantee. (e) No amendment of or endorsement to this Guarantee can be made except by e writing endorsed hereon or altaehed 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. Ail notices required to be given the Company and any slalement in writing required to be turnished the Company shall include the number of this Guarantee and shall be addressed to, Fldagry National Title Insurance Company, ATTN: Claims Department. P.G. Box 45023, Jacksonville, FL 32232-5023, CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) OrderNo30045843 37, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 12, 2004 RECORDING NO.: 20040812000876 SAID AGREEMENT WAS AMENDED UNDER RECORDING NO, 20041027002314. AFFECTS: PARCELS H AND 3 38. MEMORANDUM OF AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 23, 2004 RECORDING NO.: 20040823001196 REGARDING: SEWER LINE SAID AGREEMENT WAS AMENDED UNDER RECORDING NO. 20041027002315. AFFECTS: PARCELS H AND 3 39. RECORDED SURVEY: RECORDED: OCTOBER 11, 2004 RECORDING NO.: 20041011900011 AFFECTS: PARCEL D 40. NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 27, 2004 RECORDING NO.: 20041027002313 AFFECTS: PARCEL H 41. DECLARATION OF COVENANT FOR THE MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 14, 2006 RECORDING NO.: 20060914001588 AFFECTS: PARCEL D 42. RECORDED SURVEY: RECORDED: APRIL 16, 2007 RECORDING NO,: 20070416900001 AFFECTS: PARCEL F, G, H, 3, AND K 43. RECORDED SURVEY: RECORDED: MAY 13, 2008 RECORDING NO.: 20080513900001 AFFECTS: PARCEL D Subdivision Guarantee Page 10 of 18 GNT004 Fidelity National Title City of Renton = Insurance Company planning Division John L.N Scott RRC EKED 4735 NE 4th Street ll Renton, WA 98059 REFERENCE NO: / Order No.: 30045843 Liability: $10,000.00 Policy No.: WA0037-82-30045843-2010.82021-82015944 Charge: $1,350.00 Tax: $ 128.25 Total: $1,478.25 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Fidelity National Title insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: October 27, 2010 Northpoint Escrow and Title, LLC Fidelity National Title Insurance Company as agent for Fidelity National Title Company :SEAL by iTTElT Authorized SI n ture Authorized Signature Subdivision Guarantee FNFGNTSD Page 1 of 18 Order No.: 30045843 SCHEDULE A 1. Name of Assured: John L. Scott 2. Date of Guarantee: October 27, 2010 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: David T. Orange and Kerry Ann Orange, husband and wife as to PARCELS A and C, Newfourth LLC, a Washington Limited Liability Company as to PARCELS B, I and L, Tung Q. Ma and Huong Thi Luu, husband and wife as to PARCEL D, Jonathan N. Scofield, as his separate estate as to PARCEL E, William E. Horne and Mary A. Horne, as Trustees of the Horne Living Trust, dated March 19, 1997 as to PARCELS F and G, Matthew Fellabaum and Betsy Fellabaum, husband and wife as to PARCEL H, Paul F. Mackay, Jr. and Tammy Lynn Mackay, husband and wife as to PARCEL J, Gene R. Haugen and Leesa V. Coutts, each as their separate estate as to PARCEL K and The Stonegate Homeowner's Association, a Washington non-profit corporation as to PARCEL M The estate or Interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1s'r HALF DELINQUENT ON MAY 1; 2N° HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059004 YEAR BILLED PAID BALANCE 2010 $1,371.39 $1,371.39 0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $116,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS: PARCEL A Subdivision Guarantee Page 2 of 16 FNFGNTSD Order No30045843 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059106 YEAR BILLED PAID BALANCE 2010 $1,440.71 $1,440.71 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $121,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCEL B 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (157 HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059193 YEAR BILLED PAID BALANCE 2010 $3,168.65 $3,168.65 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $111,000.00 ASSESSED VALUE IMPROVEMENTS: $141,000.00 AFFECTS PARCEL C 4. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1sT,HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059194 YEAR BILLED PAID BALANCE 2010 $ 246.44 $246.44 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $20,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCEL D LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. AFFECTS: PARCEL D Subdivision Guarantee Page 3 of 18 GNT004 0 7. 8 a OrderNo30045843 GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1sT HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059199 YEAR BILLED PAID BALANCE 2010 $3,184.32 $3,184.32 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $116,000.00 ASSESSED VALUE IMPROVEMENTS: $146,000.00 AFFECTS PARCEL E GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1sT HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059219 YEAR BILLED PAID BALANCE 2010 $5,530.60 $5,530.60 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $159,000.00 ASSESSED VALUE IMPROVEMENTS: $292,000.00 AFFECTS PARCEL F GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059221 YEAR BILLED PAID BALANCE 2010 $1,886.01 $1,886.01 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $159,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCEL G GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1sT HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059224 YEAR BILLED PAID 2010 $3,650.42 $3,650.42 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $104,000.00 ASSESSED VALUE IMPROVEMENTS: $191,000.00 AFFECTS PARCEL BALANCE $0.00 Subdivision Guarantee Page 4 of 18 GNT004 OrderNo30045843 10. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (15T HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059233 YEAR BILLED PAID BALANCE 2010 $1,875.59 $1,875.59 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $159,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCELI 11. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2N) HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059257 YEAR BILLED PAID BALANCE 2010 $6,241.81 $6,241.81 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $104,000.00 ASSESSED VALUE IMPROVEMENTS: $406,000.00 AFFECTS PARCEL] 12. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059258 YEAR BILLED PAID BALANCE 2010 $1,965.62 $1,965.62 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND. $107,000.00 ASSESSED VALUE IMPROVEMENTS: $51,000.00 AFFECTS PARCEL K 13. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0323059322 YEAR BILLED PAID BALANCE 2010 $1,430.14 $1,430.14 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $121,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCEL L Subdivision Guarantee Page 5 of 18 GNT004 OrderNo30045843 14. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2N° HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 8035400590 YEAR BILLED PAID BALANCE 2010 $ 23.76 $23.76 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2161 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 AFFECTS PARCEL M 15. RESERVATIONS CONTAINED IN DEED FROM THE NORTHERN PACIFIC RAILROAD COMPANY, RECORDED UNDER RECORDING NO. 193931, AS FOLLOWS: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR MINING OPERATIONS, AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAs. OR IRON FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. 16. RESERVATIONS CONTAINED IN DEED FROM THE NORTHERN PACIFIC RAILROAD COMPANY, RECORDED UNDER RECORDING NO. 343305, AS FOLLOWS: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR MINING OPERATIONS, AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. 17. RESERVATIONS CONTAINED IN DEED FROM THE NORTHERN PACIFIC RAILROAD COMPANY, UNDER RECORDING NO. 343309, AS FOLLOWS: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR MINING OPERATIONS, AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. 18. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: POSTAL TELEGRAPH -CABLE COMPANY OF WASHINGTON PURPOSE: COMMUNICATION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 13, 1930 RECORDING NO.: 2SB6933 19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: POSTAL TELEGRAPH -CABLE COMPANY OF WASHINGTON PURPOSE: COMMUNICATION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 13, 1930 RECORDING NO.: 2586934 Subdivision Guarantee Page 6 of 18 GNT004 Order No30045843 20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: POSTAL TELEGRAPH -CABLE COMPANY OF WASHINGTON PURPOSE: COMMUNICATION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 13, 1930 RECORDING NO.: 2566935 21. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC POWER LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 28, 1930 RECORDING NO.: 2607789 22. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: POSTAL TELEGRAPH -CABLE COMPANY OF WASHINGTON PURPOSE: COMMUNICATION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 13, 1930 RECORDING NO.: 2611302 23. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 12, 1957 RECORDING NO.: 4805359 ABOVE INSTRUMENT WAS RE-RECORDED UNDER AUDITOR'S FILE NO. 8611140440. AFFECTS: PARCEL I AND L 24. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 25, 1957 RECORDING NO.: 4809190 AND AMENDMENTS THEREOF: RECORDED: FEBRUARY 20, 1959 RECORDING NUMBER: 5000030 AND AMENDMENTS THEREOF: RECORDED: MAY 31, 1961 RECORDING NUMBER: 5289450 AND AMENDMENTS THEREOF: RECORDED: MARCH 18, 1975 RECORDING NUMBER: 7503180352 AFFECTS: PARCELS I AND L Subdivision Guarantee Page 7 of 18 GNT004 25. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 90 PURPOSE: WATER MAIN AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 29, 1960 RECORDING NO.: 5186622 26. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 90 PURPOSE: WATER MAIN AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 29, 1960 RECORDING NO.: 5186623 27. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MARCH 17, 1967 RECORDING NO.: 6151206 28. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 29, 1969 RECORDING NO,: 6570487 29. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 29, 1969 RECORDING NO.: 6570488 30. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: INGRESS AND EGRESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 29, 1976 RECORDING NO.: 7610290096 AFFECTS: PARCELS F AND M 0rderNo30045843 SAID EASEMENT CONTAINS A COVENANT TO BEAR EQUAL SHARE OF COST OF CONSTRUCTION, MAINTENANCE OR REPAIR OF SAME. Subdivision Guarantee Page 8 of 18 GNT004 OrderNo30045843 31. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: PUGET SOUND POWER & LIGHT COMPANY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 5, 1979 RECORDING NO.: 7907050905 AFFECTS: PARCEL M 32. ALL COVENANTS, CONDITIONS, RESTRICTIONS, DEDICATIONS, AGREEMENTS AND NOTES AS CONTAINED IN UNRECORDED SHORT PLAT NO. 7992. 33. ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY KING COUNTY LOT LINE ADJUSTMENT NO. 8811012 RECORDED UNDER RECORDING NO, 8901270305. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. AFFECTS: PARCEL H AND K 34. ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9009210864. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. AFFECTS: PARCEL A, B, C, D, E, I AND L 35. AGREEMENT RELINQUISHING CERTAIN EASEMENT RIGHTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 1, 1995 RECORDING NO.: 9503011180 AFFECTS: PARCEL M 36. RECORDED SURVEY: RECORDED: MAY 3, 1995 RECORDING NO.: 9505039001 AFFECTS: PARCEL M AND OTHER PROPERTY Subdivision Guarantee Page 9 of 18 GNT004 OrderNo30045843 37. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY WATER DISTRICT NO. 90 PURPOSE: WATER MAINS AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 6, 1995 RECORDING NO.: 9507060574 AFFECTS: PARCEL M AND OTHER PROPERTY 38. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY WATER DISTRICT NO. 90 PURPOSE: WATER MAINS AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 25, 1995 RECORDING NO.: 9507250454 AFFECTS: PARCELS B AND I AND OTHER PROPERTY 39. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY WATER DISTRICT NO. 90 PURPOSE: WATER MAINS AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 25, 1995 RECORDING NO.: 9507250456 AFFECTS: PARCEL E AND OTHER PROPERTY 40. ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF STONEGATE. 41. 42 THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO. AFFECTS: JULY 15, 2003 20030715001585 PARCEL K EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PRESENT AND FUTURE OWNERS PURPOSE: UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 12, 2004 RECORDING NO.: 20040812000876 SAID AGREEMENT WAS AMENDED UNDER RECORDING NO, 20041027002314. AFFECTS: PARCELS H AND J Subdivision Guarantee Page 10 of 18 GNT004 OrderNo30045843 43. MEMORANDUM OF AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: .RECORDED, AUGUST 23, 2004 RECORDING NO.: 20040823001196 REGARDING: SEWER LINE SAID AGREEMENT WAS AMENDED UNDER RECORDING NO. 20041027002315. AFFECTS: PARCELS H AND ] 44. RECORDED SURVEY: RECORDED: OCTOBER 11, 2004 RECORDING NO.: 20041011900011 AFFECTS: PARCEL D 45. NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 27, 2004 RECORDING NO.: 20041027002313 AFFECTS: PARCEL H 46. DECLARATION OF COVENANT FOR THE MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 14, 2006 RECORDING NO.: 20060914001588 AFFECTS: PARCEL D 47. RECORDED SURVEY: MAY 19, 2009 RECORDED: APRIL 16, 2007 RECORDING NO.: 20070416900001 AFFECTS: PARCEL F, G, H, ], K AND M 48. RECORDED SURVEY: RECORDED: MAY 13, 2008 RECORDING NO.: 20080513900001 AFFECTS: PARCEL D 49. CITY OF RENTON ORDINANCE NO. 5456 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 19, 2009 RECORDING NO.: 20090519000816 REGARDING: ANNEXATION AFFECTS: ALL PARCELS Subdivision Guarantee Page 11 of 18 G NT004 50 51. 52 53. 54 Order No30045843 NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: AFFECTS: )UNE 5, 2009 20090605000601 E:7_11.1040:l SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: AFFECTS: AUGUST 31, 2009 20090831001699 PARCEL DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GENE R. HAUGEN AND LEESA V. HAUGEN TRUSTEE: FIRST AMERICAN TITLE COMPANY BENEFICIARY: CITIMORTGAGE, INC. ORIGINAL AMOUNT: $51,709.00 DATED: SEPTEMBER 23, 2003 RECORDED: DECEMBER 9, 2003 RECORDING NO.: 20031209003568 AFFECTS: PARCEL K DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: PAUL F. MACKAY AND TAMMY L. MACKAY, HUSBAND AND WIFE TRUSTEE: OLD REPUBLIC TITLE, LTD. BENEFICIARY: MERS AS NOMINEE FOR HOMESTONE MORTGAGE, INC. ORIGINAL AMOUNT: $640,000.00 DATED: NOVEMBER 10, 2005 RECORDED: NOVEMBER 16, 2005 RECORDING NO.: 20051118002625 AFFECTS: PARCEL] DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GARY THRAMER AND COLLEEN THRAMER, HUSBAND AND WIFE TRUSTEE: DANIEL D. PECK AND PATRICIA R. PECK BENEFICIARY: TRUSTEE SERVICES, INC. ORIGINAL AMOUNT: $160,000.00 DATED: MAY 3, 2006 RECORDED: MAY 31, 2006 RECORDING NO.: 20060531000485 AFFECTS: PARCEL B NOTE: WE FIND NO RELEASE OF RECORD OF THE ABOVE REFERENCED DEED OF TRUST. Subdivision Guarantee Page 12 of 18 GNT004 OrderNo30045843 55. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MATTHEW FELLABAUM AND BETSY FELLABAUM, HUSBAND AND WIFE TRUSTEE: NORTHWEST TRUSTEE SERVICES LLC BENEFICIARY: WELLS FARGO BANK, N.A. ORIGINAL AMOUNT: $330,687.00 DATED: JUNE 16, 2009 RECORDED: JUNE 18, 2009 RECORDING NO.: 20090618000953 AFFECTS: PARCEL 56. DEED OF TRUST SECURING A LINE OF CREDIT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GENE R. HAUGEN AND LEESA V. HAUGEN, HUSBAND AND WIFE TRUSTEE: REGIONAL TRUSTEE SERVICES CORPORATION BENEFICIARY: BOEING EMPLOYEES' CREDIT UNION ORIGINAL AMOUNT: $72,750.00 DATED: JULY 28, 2009 RECORDED: AUGUST 4, 2009 RECORDING NO.: 20090804000962 AFFECTS: PARCEL K INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER/AGENCY/INDIVIDUAL. NOTE: CAUTION SHOULD BE EXERCISED TO ENSURE THAT A RECONVEYANCE WILL BE OBTAINED. 57. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: JONATHAN N. SCOFIELD, A SINGLE PERSON TRUSTEE: LS TITLE OF WASHINGTON BENEFICIARY: MERS AS NOMINEE FOR BANK OF AMERICA, N.A. ORIGINAL AMOUNT: $324,022.00 DATED: AUGUST 27, 2009 RECORDED: AUGUST 31, 2009 RECORDING NO.: 20090831001701 AFFECTS: PARCEL E MANUFACTURED HOME LIMITED POWER OF ATTORNEY RECORDED UNDER RECORDING NO. 20090831001702. MANUFACTURED HOME AFFIXATION AFFIDAVIT RECORDED UNDER RECORDING NO. 20090831001703. Subdivision Guarantee Page 13 of 18 GNT004 Order No30045843 NOTE 1: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A SINGLE FAMILY RESIDENCE KNOWN AS: VARIOUS PARCELS RENTON, WA 98059 NOTE 2: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: NORTHPOINT ESCROW AND TITLE, LLC 155 NE 100TH STREET SUITE 200 SEATTLE, WA 98125 ATTN: RECORDING DEPT. RRS Subdivision Guarantee Page 14 of 18 GNT004 EXHIBIT "A" PARCEL A: Order No.: - 30045843 THE WEST 85 FEET OF THE EAST 285 FEET OF THE NORTH 190 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3,.TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT ALL COAL AND MINERAL RIGHTS; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THAT PORTION OF GOVERNMENT LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE WEST ALONG THE NORTH LINE THEREOF 370 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 159.07 FEET; THENCE SOUTH 01025'22" WEST 190 FEET; THENCE EASTERLY TO A POINT 370 FEET WESTERLY OF THE EASTERLY MARGIN OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 01°25'22' EAST 190 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS KING COUNTY LEGAL LOT STATUS NO. L06M0043 DATED JUNE 29, 2006.) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THAT PORTION OF GOVERNMENT LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING 30 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 01025'22" WEST 100 FEET; THENCE SOUTH 89057'14" WEST 170.05 FEET; THENCE NORTH 01025'22" EAST 106 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE SOUTH 88001'27" EAST 170 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERAL RIGHTS; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL D: THAT PORTION OF GOVERNMENT LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88001'27" WEST ALONG THE NORTH LINE THEREOF 30.00 FEET; THENCE SOUTH 01025'22" WEST, ALONG THE WESTERLY MARGIN OF 148TH AVENUE SOUTHEAST AND PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION, 100.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89057'14" WEST 170.05 FEET; THENCE SOUTH 01025'22" WEST 84.00 FEET; THENCE SOUTH 88001'27" EAST 170.00 FEET TO SAID WESTERLY MARGIN OF 148TH AVENUE SOUTHEAST; Order No.: 30045843 EXHIBIT "A" (continued) THENCE NORTH 01025'22" EAST ALONG SAID MARGIN 90.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL E: THE WEST 85 FEET OF THE NORTH 190 FEET OF THE EAST 370 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE NORTH 15 FEET OF THE EAST 285 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE S EAST, W.M.; EXCEPT ALL COAL AND MINERAL RIGHTS; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL F: THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE S EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 30 FEET; THENCE NORTH 88001'27" WEST 170.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88001'27" WEST 136.97 FEET; THENCE NORTH 01025'22" EAST 314 FEET; THENCE SOUTH 88001'27" EAST 140.52 FEET; THENCE SOUTH 02004'15" EAST 313.99 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL G: THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 30 FEET; THENCE NORTH 88001'27" WEST 307.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88001'27" WEST 147.51 FEET; THENCE NORTH 01025'22" EAST 262.33 FEET; THENCE NORTH 65000'00" EAST 113.89 FEET; THENCE SOUTH 88001'27" EAST 45.51 FEET; THENCE SOUTH 01025'22" EAST 314 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: THAT PORTION OF GOVERNMENT LOT -1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 88001'27" WEST 30 FEET AND NORTH 01025'22" EAST 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 109 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01025'22" EAST 96 FEET; Order No.: 30045843 EXHIBIT "A" (continued) THENCE NORTH 88001'27" WEST 138.20 FEET; THENCE SOUTH 02004'15" WEST 96 FEET; THENCE SOUTH 88°01'27" EAST TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL B OF KING COUNTY LOT LINE ADJUSTMENT NO. 8811012 RECORDED UNDER AUDITOR'S FILE NO. 8901270305.) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL I: THAT PORTION OF GOVERNMENT LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 190 FEET ALONG THE EAST LINE OF SAID SECTION; THENCE NORTH 87026'08" WEST 204 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 67026'08" WEST 325 FEET; THENCE SOUTH 01025'22" WEST 231.66 FEET; THENCE SOUTH 87026'08" EAST 175.035 FEET; THENCE NORTH 01025'22" EAST 66.56 FEET; THENCE SOUTH 87026'08" EAST 150 FEET; THENCE NORTH TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL]: THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 88001'27" WEST 30 FEET AND NORTH 01025'22" EAST 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 205.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01025'22" EAST 109.00 FEET; THENCE NORTH 88001'27" WEST 136.97 FEET; THENCE SOUTH 02004'15" WEST 109.00 FEET; THENCE SOUTH 88001'27" EAST 138.20 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL A OF UNRECORDED KING COUNTY SHORT PLAT NO. 07992 AS APPROVED JULY 20, 1970.) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL K: THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 88001'27" WEST 30 FEET AND NORTH 01025'22" EAST 30 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 01025'22" EAST 109.00 FEET; THENCE NORTH 88001'27" WEST 139.67 FEET; THENCE SOUTH 02°04'15"•WEST 109.00 FEET; THENCE SOUTH 88001'27" EAST 140.52 FEET TO THE POINT OF BEGINNING; Order No.: 30045843 EXHIBIT "A" (continued) (ALSO KNOWN AS PARCEL C OF KING COUNTY LOT LINE ADJUSTMENT NO. 8811012, RECORDED UNDER AUDITOR'S FILE NO. 8901270305.) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL L: THAT PORTION OF GOVERNMENT LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT the NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 190 FEET; THENCE DUE WEST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 174 FEET; THENCE SOUTH 01025'22" WEST 171.56 FEET; THENCE SOUTH 87026'08" EAST 174 FEET; THENCE NORTH 171.56 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL M: THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 88001'27" WEST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88001'27" WEST 425.00 FEET; THENCE NORTH 01025"22 EAST 30.00 FEET; THENCE SOUTH 88001'25" EAST 425.00 FEET TO THE WESTERLY MARGIN OF 148TH AVENUE SOUTHEAST; THENCE SOUTH 01025'22" WEST ALONG THE WESTERLY MARGIN OF 148TH AVENUE SOUTHEAST 30.00 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS TRACT I, PLAT OF STONEGATE, AS PER PLAT RECORDED IN VOLUME 177 OF PLATS, PAGES 62 THROUGH 68, INCLUSIVE, RECORDS OF KING COUNTY AUDITOR.) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.